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...
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...
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:...
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...
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...
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, 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...
Developers and foreign investors should be aware that in Queensland from 1 October 2016, there will be a 3% stamp duty surcharge on foreign buyers for the acquisition of residential property, under the Duties Act 2001. This will be known as Additional Foreign Acquirer...
Recent legislative amendments are designed to ensure foreign residents are liable to pay tax on capital gains on certain real estate transactions. The amendments impose a 10% tax withholding requirement on Australian real property valued at over $2 million that is...
As published in CK Momentum Issue 9 (Click here to download) In January, we conducted the first of our Developers’ Seminars at our Sydney premises. Ian McKnight, Consultant in our Property & Projects team, spoke about how the new strata laws will impact on...
The two new Acts affecting strata title development and management have been passed by the New South Wales parliament. The operation of the new legislation is yet to be revealed, however, it is anticipated that it will be 1 July 2016. The changes to termination of...
As published in CK Momentum Issue 9 (Click here to download) Ecommerce is well and truly here to stay and appears to be gaining momentum. We are continually hearing stories of entrepreneurs and solopreneurs taking on the established juggernauts of industry and winning...