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New rules for Fixed Term contracts from 6 December 2023

Employment Law: 17 November 2023

As part of the Closing the Loopholes legislation contracts will not be allowed to be for a fixed term of longer than 2 years. This includes contracts which can by agreement be extended beyond 2 years. Nor can fixed term contracts be extended more than once, even if the total period is for less than 2 years.

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Conducting your own Due Diligence

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Conducting your own Due Diligence

Property Law: 16 November 2023

In addition to the review of the Contract and Vendor Statement, it is also essential that a purchaser conducts their own due diligence. ‘Due diligence’ refers to the searches, enquiries and inspections that a buyer may undertake when considering whether to purchase a property.

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Review of Contract before Property Purchase

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Review of Contract before Property Purchase

Property Law: 16 November 2023

Whether you are a first home buyer or experienced property investor, one of the first steps you should take when purchasing a property is to have the Contract of Sale and Vendor Statement reviewed by a lawyer.

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All You Need to Know about Child Support Agreements

Family Law: 14 November 2023

It is expected in Australia that both parents have an obligation to financially support their child(ren) after a separation or divorce. Whether you are paying or receiving child support, payments can be a significant concern for parents going through a separation so it is important you understand your rights in relation to child support.

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How quickly can I get a property settlement after separating?

Family Law: 09 November 2023

I am not sure why, but there seems to be some confusion amongst people that they need to be separated for 12 months before they start the process for a property settlement. This isn’t correct. As I have previously mentioned, you need to wait 12 months after separation to get divorced but not for a property settlement.

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To caveat or not to caveat

Family Law: 03 November 2023

While caveats provide an affordable and effective option to parties to prevent registered landowners from engaging in unauthorised dealings inconsistent with a caveator’s right and interest in land, there are various risks of which parties and solicitors ought to be aware.

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Simultaneous Settlement Explained

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Simultaneous Settlement Explained

Property Law: 25 October 2023

If you are relying on the proceeds from the sale of your property to purchase another, then you may require a simultaneous settlement. This is a common situation where you arrange for the settlement of your current property and the settlement of your new property to happen at the same time.

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Condition of property on settlement

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Condition of property on settlement

Property Law: 19 October 2023

Once your property is sold, you and the purchaser will need to agree on a settlement date. During this period, the vendor is still the registered proprietor of the property and, subject to any contractual arrangements to the contrary, is responsible for keeping the property maintained.

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What are encumbrances and how can they affect my sale?

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What are encumbrances and how can they affect my sale?

Property Law: 17 October 2023

An encumbrance is an interest in a piece of land by someone other than the registered proprietor. Encumbrances place limitations on a property and may affect how a property can be used and developed. Examples of encumbrances include mortgages, easements, covenants, section 173 agreements and caveats.

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What is a Vendor Statement?

Property Law: 12 October 2023

The Vendor Statement (also referred to as a Section 32) is a legal document separate from the Contract however generally given to the purchaser at the same time.

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What is the Contract of Sale?

Property Law: 10 October 2023

The Contract of Sale is a legally binding agreement between the Vendor and Purchaser. The Contract of Sale includes the usual details of the particulars of the transaction including whether the property is sold with ‘vacant possession’ or ‘subject to a lease’ and the inclusions or exclusions such as fixtures and fittings, carpets, lights etc.

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What are the first steps of selling my property?

Property Law: 05 October 2023

Once you have decided to sell your property, the first consideration will be: how much is it worth? Getting your own valuations/appraisals is important in deciding if selling is viable, if it is the right time, and if you can afford to purchase your next property. Once you know that selling is right for you there are two people you will need to get involved. A real estate agent and a lawyer.

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