The not-so-ordinary meaning of ‘ordinarily resident’

Jen McMillan unpacks the Court’s narrow interpretation of ‘ordinarily resident’ and provides valuable practice notes and updates on residential land purchasing.

By - 3 min read

The enforceability of clawback provisions

The NSW Supreme Court has affirmed Queensland precedent making clawback provisions in lease agreements largely unenforceable.

By - 7 min read

The complexities of granny flat interests

Granny flat arrangements can address socio-economic issues but complex legal and financial issues can arise when parties fail to document their arrangement.

By and - 8 min read

Will preparation and joint tenancies

Courts have held that a solicitor’s role can extend to advising on and severing joint tenancies where applicable.

By and - 4 min read

Don’t get caught out! Changes to strata title legislation

All but three amendments in the Strata Legislation Amendment Act 2023 are now in force and the changes apply to both strata and community title…

By - 7 min read

Electronic caveats and their limitations

The Supreme Court has handed down an important decision dealing with electronic caveats lodged online.

By - 3 min read

Mascot Towers: A termination order is not in order

Recent Supreme Court decision in the Mascot Towers saga examines the factors a Court will consider before ordering the termination of a strata scheme.

By and - 4 min read

Flawed floors: Analysing the cracks in industrial leases

A recent decision raised issues relevant to the construction and drafting of key clauses in industrial leases.

By - 9 min read

Evolving limitations on the power to make by-laws in strata and community title schemes

Recent Court of Appeal decision examines the limitations on the power of strata schemes to create by-laws and provides helpful guidance on interpretation of by-laws.

By - 7 min read

When building work is not iron clad

Recent Court of Appeal decision clarifies who bears the evidentiary onus of establishing loss in combustible cladding disputes.

By and - 6 min read