By Anastasiya Zasentseva This article will discuss the process of addressing abandoned easements and their potential removal or modification within New South Wales. It will explain the complexities involved in …
The High Court Decision in Bosanac v. Federal Commissioner of Taxation: Clarifying Intention and Resulting Trusts in Property Ownership
By Hayden Nelson In the recent case of Bosanac v FCT (2022) 18 ABC(NS) 521, the High Court made a decision that touched on the legal principles involved with resulting …
Joint Tenancy & Tenancy in Common – What’s the Difference?
Introduction When acquiring property together with other people, there are two ways in which ownership can be shared: joint tenancy and tenancy in common. These concepts mostly arise in the …
Time Limitation on Claims for Economic Loss
This article will focus on the time limitation on claims for economic loss pursuant to section 106 of the Strata Schemes Management Act 2015 (NSW) as in Tezel v The …
Case Summary: Merl v Merl [2022] NSWSC 434
Facts of Merl v Merl: This dispute concerns a claim for possession of a property (“the Property”) co-owned by the plaintiff and her husband as joint tenants. Their daughter brought …
Amendments to the Duties Act 1997 (NSW): the Practical Effects
The Duties Act 1997 (NSW) has recently been amended by the State Revenue and Fines Legislation Amendment (Miscellaneous) Act 2022 (the Amendment Act), which received Royal Assent on 19 May …
Do You Have Exclusive Use of your Car Space?
Ownership of car spaces in a strata scheme If you are purchasing property in Australia, the increasing population and urban density means that you are increasingly more likely to be …
Adverse possession in New South Wales: McFarland v Gertos [2018] NSWSC 1629
What is adverse possession (or “squatters’ rights”)? In New South Wales it is possible to ascertain land ownership by way of ‘adverse possession’. Adverse possession, commonly referred to as ‘squatters …
Property purchases and contract “loopholes”
“Subject to finance” clause removed in standard contract for sale In 2019, Sam and Nardine Gayed from Bendigo, Victoria lost all their family savings on a $320,000 residential property deposit …
Short Term Rentals & Your Rights
What are your legal rights for a short-term rental? So, you’re going on a well-deserved weekend away and you’ve booked an Airbnb accommodation. But what is the legal status of …