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Searching Content indexed under Real Estate and Construction by Carroll & O'Dea ordered by Published Date Descending.
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1
Adverse possession – at the end of the day … who owns the property?
When you are a property owner, ensure you have regular contact with the property even if just for maintenance purposes.
Australia
15 Apr 2019
2
Delays while the lessee is in administration
The administration period can be difficult for a landlord, as their rights in relation to the premises are restricted.
Australia
15 Apr 2019
3
Are you meeting your obligations under the Retail Leases Act (NSW) 1994 to disclose and report on your marketing levies?
Landlords are often aware of reports of budgets, expenditure and recoveries, but may not be aware of the marketing levy.
Australia
18 Mar 2019
4
Termination of lease by landlord with only 3 days notice
The Tribunal found the landlords were entitled to re-enter and re-take possession of the premises without further notice.
Australia
18 Mar 2019
5
10 principles of property demolition notices in NSW
The Appeal Panel of the Tribunal applied these 10 principles to decide that the demolition notice in this case was valid.
Australia
18 Mar 2019
6
Purchaser versus tenant's unregistered lease
The tenant won, despite holding an unregistered lease to part of the property, which was included in the sale agreement.
Australia
1 Feb 2019
7
Invalid demolition notice for a commercial lease in NSW
The Tribunal found that the landlord used the demolition clause to terminate the lease to grant a lease to a new tenant.
Australia
1 Feb 2019
8
Failed exercise of option to renew lease
The Court found the tenant failed to formally exercise the option to renew in accordance with the terms of the lease.
Australia
1 Feb 2019
9
The time has (almost) come … The time is (almost) now – NSW registration of combustible cladding and you
NSW government passes regulations which require certain buildings, which contain combustible cladding, to be registered.
Australia
6 Dec 2018
10
Assignment – can the landlord refuse consent based on the assignees insufficient financial resources?
Article discusses recent case where the landlord tried to refuse consent to an assignment of lease.
Australia
21 Nov 2018
11
The new Low Rise Medium Density Housing Code - a contentious middle ground.
New Code raises debate between promoting construction of desired development against community concerns.
Australia
21 Nov 2018
12
ACCC finds unfair terms in office lease contract
The ACCC has stated that it will continue to investigate contracts and seek Court orders that terms are unfair and void.
Australia
19 Nov 2018
13
Taken for a ride? Development consent troubles for Luna Park
Luna Park now is required to make a new development application whenever it wishes to replace, remove or relocate rides.
Australia
19 Nov 2018
14
Uncertainty within the foundations: the NSW ban on aluminium cladding and implications of the Building Products (Safety) Act 2017
The Act declares certain building materials to be prohibited where there are reasonable grounds that the use is unsafe.
Australia
19 Nov 2018
15
If the Act does not apply ….. it does not apply - a retail shop lease?
This case is a reminder to each party to understand which Act their lease falls under so as to properly resolve disputes.
Australia
19 Nov 2018
16
Was the rent abatement for lack of air conditioning the end of the matter?
Agreements to provide abatement for disturbance should be carefully drafted, with precise descriptions and its duration.
Australia
19 Nov 2018
17
Meanings of AND and OR: wrongful termination of an agreement to lease
This case is a great example of how important careful drafting is so as to reflect the intended outcome of either party.
Australia
19 Nov 2018
18
The burning issue of regulatory action in Victoria and NSW for aluminium composite panel cladding (ACP)
The article looks at recent legislative reforms that have been proposed in NSW and Victoria surrounding the use of ACP.
Australia
26 Oct 2018
19
Short Term Stayz - Short-term rental accommodation in NSW
This Act introduces a code of conduct, expected to come into force in 2019 to manage guests and prevent unruly behaviour.
Australia
30 Aug 2018
20
Victorian government cladding scheme
This scheme aims to provide low-cost, long-term loans to property owners to replace dangerous cladding on properties.
Australia
6 Aug 2018
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