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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…
21 March, 2024

Has the right of carriageway been abandoned?

Castle v Achdjian NSWSC 1340 In the case of Castle v Achdjian NSWSC 1340, the Supreme Court of NSW had to decide whether a right of carriageway was abandoned and could be obstructed by the owners of the burdened land.  This case demonstrates the continuing complexities and evidentiary requirements that…
8 February, 2024

Enforceability Of Positive Covenants

Aust-One Investment Pty Ltd V New World Investments Pty Ltd NSWCA 22 Covenants that are registered on title and that ‘run with the land’ are restrictive in nature, a principle which is confirmed at common law and by statute. The general rule at common law is that the burden of…
9 October, 2023

Forfeiture of lease and relief for sublessees

A summary of Synergy Scaffolding Holdings Pty Ltd v Goodman Funds Management Australia Limited as trustee for GAI1 RPF Subtrust of the Hayesbery NSWSC 538 In this Supreme Court of New South Wales decision, the Summons filed by the Plaintiffs, the sublessees, in respect of relief sought against forfeiture of…