Under the Duties Act 1997 (NSW) (the “NSW Act”), a liability to duty arises once an agreement for dutiable property, such as a contract for sale and purchase of land, is entered into. Subject to certain exceptions, duty must be paid within 3 months from the liability...
Exemptions for Transfer Duty (in QLD): Cancelled Agreements
It is often a misconception that the liability for transfer duty only arises once an agreement for dutiable property, such as a contract for the sale and purchase of land, becomes unconditional. Under the Duties Act 2001 (“Act”) transfer duty is imposed on an...
Welcome Relief for Equipment Hire Businesses: The Definition of a "PPS Lease" is Changing!
On 11 May 2017 the Senate passed the Personal Property Securities Amendment (PPS Leases) Bill 2017, which will see changes being made to the definition of a “PPS Lease” under the Personal Property Securities Act 2009 (“the Act”). The changes will come into effect once...
STOP PRESS: ClarkeKann’s Property Team Named in the 2017 Doyle’s Guide
We are pleased to announce that our Property & Projects team, in particular, our Partners Paul O’Dea and Steven Cardell, have once again been featured in Doyle’s Guide among Queensland’s leading property law lawyers for 2017 in the following categories:...
STOP PRESS: ClarkeKann’s Agribusiness Practice Named in the 2017 Doyle’s Guide
We are delighted to announce that our CK Agribusiness team, and in particular our Consultant and Head of the CK Agribusiness team, Tim Ferrier, has been recognised in the 2017 Doyle’s Guide to Australia’s best legal firms and lawyers in the following categories:...
Mandatory Data Breach Reporting: How it affects You!
WHOOPS! YOUR HEAD OF SALES JUST LEFT THE COMPANY LAPTOP ON THE BUS! TIME TO INFORM THE PRIVACY COMMISSIONER? Lost laptops and portable devices containing personal information are among the examples listed by the Office of the Australian Information Commissioner in its...
DANGER: Registering Security Interests against the ABN instead of the ACN can be Fatal!
A recent NSW Supreme Court decision in the matter of OneSteel Manufacturing Pty Limited (administrators appointed) [2017] NSWSC 21 (“the decision”) has stressed the importance of registering security interests correctly. In this case, Alleasing P/L (“Alleasing”)...
Strict Compliance and the Exercise of Options
A recent Court of Appeal decision has highlighted the need for careful drafting of agreements to anticipate changes to legislative requirements and industry standard contracts (JLF Corporation Pty Ltd v Matos [2016] QCA 355). This decision also confirmed that option...
The "Viridian Case" and the Test of Body Corporate "Reasonableness"
Property developers and body corporate managers need to be aware of the recent High Court decision concerning the test of “reasonableness” in relation to body corporate decisions. INTRODUCTION The recent High Court decision in Ainsworth & Ors v Albrecht & Anor...
CK Strata Partner Appointed to Board of Directors of SCA (QLD)
James has a wealth of experience in building and construction, property, commercial litigation, debt recovery and insolvency matters, and specialises in body corporate and community management disputes and levy collections. James approaches dispute resolution...
Introducing CK Strata
Introducing CK Strata, our complete strata legal service offering an end to end approach for all strata matters. We have decades of experience in all strata matters, from the initial development and title of strata title properties, through to proper corporate...
CK Advises Major Agrifinance Player StockCo on Elders Acquisition of Equity Stake
ClarkeKann has advised longstanding client StockCo on the acquisition by Elders of a 30% stake in its Australian business. StockCo is the largest specialist provider of livestock financing in Australia and New Zealand. It provides a wide range of specialised...