Partition allows developer to escape liability for breach of statutory warranties

For the purpose of determining whether or not four or more of the existing or proposed dwellings are or will be owned by the individual,…

By - 6 min read

When a covenant is really an easement: lessons from RG v JEA Holdings

In Registrar General v Jea Holdings, the Court of Appeal found an easement was validly created even though it was recorded as a covenant only on…

By and - 3 min read

The Cape Town Convention and the Personal Property Securities Register

Australia became a party to The Cape Town Convention which came into effect on 1 September 2015. The Convention is designed to facilitate aircraft financing…

By - 6 min read

The role of title insurance in a Torrens Title jurisdiction

The Torrens Title system is the cornerstone of the Australian real estate market and land economy. However, the ‘state guarantee’ of title does not extend…

By - 5 min read

Property settlements and hidden tax stings

Despite time pressures, always be clear on the CGT consequences of a property settlement. By JIM MAIN.

By - 3 min read

What can solicitors do to reduce mortgage fraud?

The number of mortgage fraud cases reported in recent years suggests that this problem is actually on the rise despite a heightened awareness among lenders,…

By - 6 min read

E-conveyancing – the verdict

A Q&A with one of the first solicitors in NSW to embrace the revolution in conveyancing practice. By RICHARD HARVEY and GEORGE PATRINOS.

By and - 7 min read

‘Rebuilding NSW’ on private land: who has compensation rights?

The NSW government plans to undertake over $31 billion in transport infrastructure-related capital works over the next four years. By ANDREW BEATTY and MARLON SHOU.

By and - 6 min read

Old meets new: paper conveyancing and electronic CTs

The number of electronic Certificates of Title (eCTs) is growing daily, consequently it is increasingly likely that practitioners will encounter an eCT in paper conveyancing…

By and - 6 min read

The Home Building Act: recent amendments explained (part two)

This is a second article in a two-part series looking at the Home Building Amendment Act 2014. This article examines changes to licensing; the Home Building…

By - 4 min read