- Appeal UpheldPleased to have assisted our client in successfully appealing the refusal of a development application for the demolition and construction of a 108-place childcare centre in the Parramatta City Council LGA that consisted of a two-level childcare centre over basement parking. The contentious issues in the proceedings not only included several planning contentions including streetscape … Continue reading “Appeal Upheld”
- A threshold moment…There are sometimes threshold moments in ones life and professional career. One of those definitely arrived last week when I had the privilege of moving my son Emile to admission into the roll of solicitors of the Supreme Court of NSW. What truly a memorable day for both of us I now welcome, with much … Continue reading “A threshold moment…”
- Another Successful AppealOnce again, pleased to have assisted our client in obtaining Development Consent for an 80-place child care centre with basement parking in the Blacktown Council LGA. The contentions raised by Council included arguments relating to: The primary street setback (as opposed to a secondary street setback) on a corner allotment, Issues relating to waste management, … Continue reading “Another Successful Appeal”
- Appeal UpheldPleased to have assisted our client in obtaining Development Consent for a staged Torrens Title subdivision–and a subsequent Community Title subdivision to ultimately allow for the development of six dual occupancies and a single dwelling–over an extensive parcel of land in the Parramatta LGA. The matter was before the Court and contained a number of … Continue reading “Appeal Upheld”
- Appeal UpheldPleased to have assisted our client in obtaining approval through the Land & Environment Court for a boarding house development in Harris Park. There were significant issues relating to heritage, bulk and scale and dedication of land to council in the rear laneway which materially affected the area of the site that could be included … Continue reading “Appeal Upheld”
- Appeal UpheldVery pleased to have assisted our client in negotiating an agreement with Blacktown Council and obtaining approval through the Land & Environment Court for a new generation boarding house in the suburb of Mt Druitt. The judgement is in the link. The predominant issue that had to be overcome on this development was the complex … Continue reading “Appeal Upheld”
- Appeal UpheldPleased to have assisted our client in obtaining approval through the Land & Environment Court for a town house development in the suburb of Hillsdale. As can be seen from the judgment here, the issues that had to be overcome included overshadowing, height, scale and setback. There was also a relatively unusual contention relating to … Continue reading “Appeal Upheld”
- Plan for Obtaining Easements for Ground AnchorsThe Particulars for Regulated Designs Order 2021 came into effect 1 July 2021, outlining an array of additional required particulars for regulated designs. These mostly relate to the effect any excavation may have on neighbouring properties, with some of the highlights including (in summary): Evidence that steps have been taken to verify the nature and … Continue reading “Plan for Obtaining Easements for Ground Anchors”
- Successful Council NegotiationsHappy to have assisted another small developer who has tried to dip its toes into property development by making an application to Council for a duplex development with granny flats at the rear of each proposed dwelling. Council initially resisted the application, because whilst the development was permissible in the R2 residential zone, the building … Continue reading “Successful Council Negotiations”
- Appeal UpheldPleased to have assisted our client in obtaining approval through the Land & Environment Court for a boarding house development in Belmore Road Randwick under the Affordable Housing SEPP. The application was originally refused by Randwick Council. As can be seen from the judgment, the issues that had to be overcome included maintaining a heritage … Continue reading “Appeal Upheld”
- More Relief for Commercial Leases Impacted by LockdownsOn 13 August 2021, amendments to Retail and Other Commercial Leases (COVID-19) Regulation 2021 and Conveyancing (General) Regulation 2018 came into effect. These amendments extended and expanded protections for parties to commercial leases impacted by lockdowns. Most notably, the new expiry date for these protections is 13 January 2022. Along with this extension of the … Continue reading “More Relief for Commercial Leases Impacted by Lockdowns”
- Appeal UpheldVery pleased to have assisted our client in obtaining approval through the Land & Environment Court to increase the capacity of the childcare facility from 24 children to 45 children after commencing proceedings against Penrith City Council who originally refused the proposal. It was a great outcome for the client who is a family operator, … Continue reading “Appeal Upheld”
- Cessation Day is ComingThe NSW government is enacting reforms very soon that will transition the land titles system away from paper, becoming fully electronic. A major part of this reform is that from 11 October 2021, the Registrar-General will no longer be issuing Certificates of Title (CTs). Lodgement must also be made electronically. No paper dealings will be … Continue reading “Cessation Day is Coming”
- Don’t Be Put Out by Put OptionsHave you secured the sale of your residential property with put and call options? A recent legal decision shows that sale may not be as secure as you think. So, What Happened? A potential purchaser of several residential properties entered into put and call option deeds with several vendors. When the purchaser failed to exercise … Continue reading “Don’t Be Put Out by Put Options”
- Watch the Key Parts of The Developers Forum 2021The night of March 31st at Rosehill Racecourse was spectacular, as The Developers Forum 2021 was a huge success. If you couldn’t make it this year, don’t fret! You can watch the highlights of the night right here. The keynote address from our special guest speaker, NSW Building Commissioner David Chandler OAM, “Restoring Confidence and … Continue reading “Watch the Key Parts of The Developers Forum 2021”
- HBCF Construction Classification Updatesicare have updated what constitutes structural and non-structural work for the purposes of providing cover under the Home Building Compensation Fund. Work is deemed structural if it involves a component that is essential to the stability of a building, or that is classified as a “major element” of the building under the Home Building Regulation … Continue reading “HBCF Construction Classification Updates”
- Appeal UpheldThanks to the representation of Macquarie Lawyers, an appeal was successfully upheld in the NSW Land and Environmental Court to allow the construction of a new 15 room boarding house in Blacktown, and to reverse the decision of Blacktown Council to refuse the application. The result is most pleasing for our client. The commissioner stated … Continue reading “Appeal Upheld”
- Make Your New Years Resolution to Update Your WillAnyone who’s written or pondered their will has probably reflected on how important it can be to those we leave behind. But, while we’re still around, our lives and circumstances are always changing. When was the last time you considered updating your will? Is what you wrote back then still applicable to your situation now? … Continue reading “Make Your New Years Resolution to Update Your Will”
- Congratulations on 25 Years!Congratulations to our principal and director, Pierre Saab, on receiving his certificate for 25 years practicing law! See more posts from us here!
- The Developers Forum – Save the Date!Save the date! The Developers Forum is starting up again next year with an event on 31st March, 2021 with a special guest speaker: Mr. David Chandler, the Building Commissioner for NSW! The Developers Forum was created to give small to medium sized developers and builders access to a community forum that includes important industry … Continue reading “The Developers Forum – Save the Date!”
- Building Contractors Beware!Are you making valid payment claims? For your tax invoice to be valid as a payment claim, it must: Indicate the amount of the progress payment you are claiming, Identify and sufficiently describe the construction work (or related goods/services) to which the payment relates, Be served to the other party to the contract, (for contracts … Continue reading “Building Contractors Beware!”
- Beware Email Fraud!Scammers are increasingly targeting law practices, posing as clients or beneficiaries via email to divert payment of funds away from you. This is why we will always confirm account details over the phone before any fund transfer is processed. This is the best defence against this type of scam. On top of this, we also … Continue reading “Beware Email Fraud!”
- Trustees, Be Aware!If your trust doesn’t expressly exclude foreign persons as potential beneficiaries, you will be forced to pay surcharge duty and land taxes applicable to foreign purchasers, even if it does not name any actual foreign persons as beneficiaries. The transition period for amending the terms of your trust deed to exclude foreign persons expires at … Continue reading “Trustees, Be Aware!”