Liam Schofield, Author at Baker Love Lawyers Newcastle

Buying a Former Service Station Site

Purchasing an ex-service station site can present unique opportunities for redevelopment, however, buying such a property comes with a host of legal, environmental and financial risks. Understanding your obligations and liabilities before entering a Contract is critical to managing your investment and avoiding potentially costly surprises. This happens more than you might expect – for […]

Man contemplating who to appoint as his attorney and guardian

Who should you appoint as your attorney and guardian?

In estate planning, appointing an appropriate attorney and guardian who can act in your best interests can provide you with peace of mind. When deciding who will be tasked with making important legal advice wills, financial and health decisions, there are several key factors which should be considered: The person appointed needs to be both […]

Buying Property in a Mine Subsidence District

Given Newcastle’s history with coal mining, it is no surprise that areas of Newcastle and surrounding regions are affected by mine subsidence. After mining activity, the land above can sink and fill mine workings, causing tilts and strains on ground level which can cause damage to property. Although few properties are damaged due to mine […]

When is a trust resettled or redeclared?

When determining whether a trust has been resettled or redeclared, the key issue is whether the variation is so substantial that the trust is fundamentally changed. The resettlement or redeclaration of a trust can have adverse transfer duty and tax implications, so it is important to be aware what triggers this and how to avoid […]

November 28, 2024
By Liam Schofield
Commercial & Business Law, Commercial & Retailing Leasing
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What is a Retail Lease?

A retail lease is any agreement granting for value a right of occupation of a premises for use as a retail shop irrespective of whether the right to occupy is exclusive, whether the agreement is express or implied, or whether the agreement is oral or in writing. A ‘retail shop’ is a premises used wholly […]

October 30, 2024
By Liam Schofield
Commercial & Business Law, Property & Conveyancing
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What is a Going Concern and Why Does it Matter?

Determining whether a supply is a going concern is important in a range of transactions such as business or property sales. If a supply is deemed a GST-free supply of a going concern GST will not be payable, which can be beneficial to both parties in a transaction. To determine whether a supply is a […]

When should you update your will?

It is important to keep your will updated so that your wishes can be carried out after you have passed away. The wishes that you set out in your will are carried out by your executor, usually with the assistance of a legal professional. We recommend reviewing your will periodically and updating your will when […]

Changes to Surcharge Purchaser Duty

It was recently announced that the Treasury Laws Amendment (Foreign Investment) Bill 2024 (Cth) (“the Bill”) received Royal Assent. The purpose of the Bill is to clarify the interaction between foreign investment fees, similar state and territory property taxes, and Australia’s double tax agreements to ensure that foreign investment fees and similar imposts prevail and […]

What is the difference between an Enduring Power of Attorney and an Appointment of Enduring Guardian?

An Enduring Power of Attorney and an Appointment of Enduring Guardian are common estate planning documents that individuals put in place to assist them while they are alive. They allow the person making the document, referred to as the “Principal”, to appoint an Attorney and Guardian (or more than one) as well as substitutes if […]

Option Fee or Deposit?

In a recent decision of the NSW Court of Appeal, the Court unanimously dismissed an appeal from a purchaser seeking to recover a purported deposit paid under a terminated Contract. This case highlights the difference between an option fee and a deposit and serves as a reminder of the importance of drafting in legal documents. […]

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Author: Liam Schofield

Buying a Former Service Station Site

Who should you appoint as your attorney and guardian?

Buying Property in a Mine Subsidence District

When is a trust resettled or redeclared?

What is a Retail Lease?

What is a Going Concern and Why Does it Matter?

When should you update your will?

Changes to Surcharge Purchaser Duty

What is the difference between an Enduring Power of Attorney and an Appointment of Enduring Guardian?

Option Fee or Deposit?

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Author: Liam Schofield

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