When the resident of a retirement village property dies, a question for the executor may be “How does the property form part of the estate?” It is important for the executor to clearly identify the rights and obligations that the estate has in the retirement village property. One mistake the executor might make is to […]
The recent story in the media about a Sydney couple buying a property being scammed out of almost $1 million should serve as a stark reminder to take extreme caution when transferring funds in property transactions. In the case of the Sydney couple, a day before settlement of their property purchase, they allegedly received what […]
How important is it to pay your deposit on time when buying a property? The recent Supreme Court of New South Wales decision in Alexakis v Wan [2021] confirms that it is very important indeed, and failure to do so could be extremely costly. The purchaser Theo Alexakis, not only lost his $241,500 deposit, but […]
The NSW Government is continuing with its promised retirement village sector reforms with new laws to be introduced into parliament later this year that will see exit entitlements paid more quickly when residents depart their village. Minister for Better Regulation, Kevin Anderson recently announced that the new reforms will improve access to exit entitlements, […]
On 15 November 2019 the Civil and Administrative Tribunal New South Wales handed down its decision in The Owners Strata Plan No 92888 v Taylor Construction Group Pty Ltd and Frasers Putney Pty Ltd [2019]. This decision is the first of its kind and sure to send shockwaves through the construction industry in the wake […]
The first thing you must do when attending an auction is register with the vendor’s agent who will then give you a bidder’s number. Once the auction commences the auctioneer will accept bids from potential buyers and keep track of the current bid. Prior to the auction, the vendor will nominate a reserve price, which […]
I previously wrote an article about the duty of care owed by a principal certifying authority to prospective purchasers in the wake of media attention surrounding private certifiers (view article) and the likelihood of reform. Given the recent tragic events with the Mascot Towers it might be an opportune time to revisit this issue, and […]
On 30 September 2019 Subsidence Advisory NSW (formerly the Mine Subsidence Board) is discontinuing issuing certificates of compliance for properties under Section 15 of the former Mine Subsidence Compensation Act 1961 (“the 1961 Act”). Currently what’s known as a 15B Certificate confirms that a property complies with Subsidence Advisory NSW’s requirements under the 1961 Act […]
1 July 2019 saw the commencement of the next wave of reforms in the retirement village sector following the Greiner Review, with further parts of the Retirement Villages Amendment Act 2018 No 77 coming into effect following proclamation on 13 February 2019. These reforms include: 1. Annual contract ‘check-up’ meetings with residents; 2. New requirements […]
Granny flat arrangements are becoming increasingly popular. Too often however, a granny flat arrangement will fail to deliver what the parties were expecting leading to family disputes or even litigation. What are granny flat arrangements? The traditional notion of an aged parent living in a flat in the backyard is only one such scenario. A […]







