Property Archives - Vincent Young

Building Development Insolvency Property Strata

26 July, 2024

Ways to “end” a strata scheme

Mascot Towers case study on termination of strata scheme and collective sale Introduction Once a strata scheme is created on registration of the strata plan, an owners corporation will only be able to “end” the strata scheme in limited circumstances. The Mascot Towers is a “cautionary tale” of what owners…

Victoria Caldwell

Commercial Construction Development Insolvency Property Strata

10 July, 2024

Liquidators Should Be Aware Of Strata Levies

The effect of strata levies on a winding up A liquidator has the power to sell all or any part of the property of a company to which the liquidator is appointed under section 477(2) of the Corporations Act 2001 (Cth) (Corporations Act). When the court appoints a liquidator to…

Victoria Caldwell

Development Property

14 June, 2024

Transport Oriented Development Program – One Month Later

Introduction It has been a month since the commencement of Tier 2 of the Transport Oriented Development Program (TOD) and stakeholders have had months prior to consider the TOD’s relevant planning policy, the TOD Tier 1 and the Low to Mid Rise Housing Initiative (LMR) (collectively the Programs). This article…

Victoria Caldwell

Property

13 June, 2024

Leases and licences under the Foreign Acquisitions and Takeovers Act 1975 (Cth) – an analysis of commonly mistaken concepts

Acquisitions in an ‘interest in Australian land’ by a foreign person may be conditional on the Treasurer issuing a no-objection notification (FIRB Approval). Interest as lessee or licensee (Tenant Co) in a lease or licence giving rights to occupy Australian land may be considered as an ‘interest in Australian land’…

Victoria Caldwell

Commercial Contracts Finance Insolvency PPSA Property

12 June, 2024

PPSA Series: Beneficial Purchasers Without Notice

Foreword This is Part One in Vincent Young’s new PPSA Series. If you supply or purchase goods on credit or are involved in hiring goods, it is critical that you understand the PPSA regime. These kinds of transactions are very commonly utilised in the construction industry. If you don’t fully…

Victoria Caldwell

Development Projects Property

17 May, 2024

TOD and LMR Programs – Developers must engage

Department and Developer Led Housing Increase The Transported Oriented Development (TOD) Program and the Low and Mid-Rise Housing (LMR) Program (together Programs) are opening up opportunities for increased development in targeted areas and regions of NSW. The Programs are initiatives not just to increase housing development to address the current…

Victoria Caldwell

Property

29 April, 2024

NSW Housing Policy Advances with New Planning Controls for Transport Oriented Development Precincts

In a pivotal move for New South Wales' housing policy, the Department of Planning, Industry, and Environment (DPIE) has today announced the finalisation of new planning controls under an amendment to the Housing State Environmental Planning Policy (SEPP) for 18 Transport Oriented Development (TOD) precincts. These precincts, strategically located across…

Victoria Caldwell

Contracts Property

17 April, 2024

A Property Developer’s Guide to the New Unfair Contract Terms Regime

The new unfair contract terms (UCT) regime took effect on 9 November 2023. A summary of this regime is set out in our article here. The new UCT regime applies to contracts which are: either consumer contracts or small business contracts; and standard form contracts. This may include off the…

Victoria Caldwell

Projects Property

10 April, 2024

Proposed New Tax Breaks for BTR Investment and Development

The Federal Government has this week released draft legislation aimed at stimulating investment and development within the build-to-rent sector, aligning with its ambitious objective to construct 1.2 million new residences by 2029. This legislation, proposed to amend the Income Tax Assessment Act 1936, 1997 and 1953, seeks to introduce tax incentives…

Victoria Caldwell

Commercial Insolvency Property

9 April, 2024

Duties of a liquidator when selling company property

Section 420A of the Corporations Act 2001 (Cth) (Act) obliges a receiver exercising a power of sale to take all reasonable care to sell the property for market value or the best price reasonably obtainable. This is typically a heavy duty. Liquidators are not subject to section 420A of the…

Victoria Caldwell

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