Key Takeaways The scope of stamp duty is expanding, with declarations of trust and changes in beneficial ownership potentially becoming dutiable. Australian based developers that are foreign persons may be able to apply for a refund of stamp duty where residential...
Council Not Liable for Omitting Certain Information from Section 10.7 Planning Certificate
Takeaways A planning certificate issued pursuant to s 10.7 (previously s 149) of the Environmental Planning and Assessment Act 1979 (NSW) ("the Act") is required to be annexed to contracts for the sale of land in New South Wales. A Section 10.7 certificate provides...
Rent Relief Measures Extended for Commercial Tenants
As the Omicron variant continues to impact small business across the country, New South Wales has extended its rent relief measures. With staff shortages, reduced foot traffic and forced closures taking hold of many small businesses, the move attempts to balance these...
The go ahead for more solar in strata
On 24 February 2021, the NSW Government introduced new laws which makes it much easier to install renewable energy in strata buildings. Prior to this amendment, a vote on installing clean energy infrastructure required a special resolution to be passed, which is...
Stamp duty v land tax under the spotlight in NSW
Annual Property Tax as an Alternative to Stamp Duty in NSW Last year, NSW announced important taxation changes by outlining a proposal to transition from the up-front payment of stamp duty to an annual property tax. The proposal is contained in the NSW State...
Are wind farm turbines a fixture or a fitting? Christmas comes early for wind farm tenant in Victoria
Introduction Christmas has come early for a wind farm operator in Victoria with a recent decision in the Supreme Court of Victoria determining in their favor and adding to authority on how renewable energy infrastructure built on leased land (such as wind turbines) is...
Commercial & Residential Tenancies
Commercial Tenancies On 7 April 2020 the National Cabinet announced a new Code of Conduct (“Code”) to be legislated by the State and Territory governments in an effort to relieve pressure on retail, commercial and industrial tenants during the Coronavirus (“COVID-19”)...
CK News: ClarkeKann’s Property Team Named in the 2019 Doyle’s Guide
We are pleased to announce that our Property & Projects team, in particular, our Partners Paul O’Dea and Steven Cardell, have been featured in Doyle’s Guide among Queensland’s leading property law lawyers for 2019 in the following categories: Recommended Leading...
CK ALERT: Only one month remaining for building owners to complete QBCC’s cladding checklist
In September 2018 we published an update on new combustible cladding requirements following the Queensland parliament passing the Building and other Legislation (Cladding) Amendment Regulation 2018 (Qld), which came into effect on 1 October 2018. The Amendment...
The Implications of Airbnb on Subletting and Community Title by-laws
In recent years the residential property market has witnessed a ‘boom’ in short-term leasing arrangements thanks to online platforms like Airbnb. However, the growing popularity of these platforms has raised some confusion surrounding the rights and obligations...
CK Alert Update: Serving Notices under s 408 of the Environmental Protection Act (Qld)
In late September, the Queensland Court of Appeal handed down its judgement in Albion Mill FCP Pty Ltd v FKP Commercial Developments Pty Ltd [2018] QCA 229. This came in response to an appeal by Albion Mill FCP Pty Ltd (“FCP”) against the Supreme Court’s findings in...
CK Alert: Contract Indemnities – why the fuss?
Indemnities are regularly used in contracts in order to allocate risk between contracting parties. An indemnity is an agreement to cover loss and damage suffered by another party. Indemnities give rise to a form of contingent liability, the magnitude of which is often...