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Property

BuildingConstructionDefectsLawProjectsProperty
12 April, 2023

Application of Limitation Periods to the Statutory Duty of Care under the Design and Building Practitioners Act

The introduction of the Design and Building Practitioners Act (DBPA) represents a tremendous reform for the construction industry. The duty of care imposed by section 37 has the potential to impact both businesses and individuals significantly. Industry stakeholders should be aware of the limitation periods applying to this duty. Relevant…
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Property
24 November, 2022

Electronic affixing of seal of an owners corporation

It was always the case that the seal of an Owners Corporation needed to be affixed physically and in the presence of appropriate witnesses to comply with s273 of the Strata Schemes Management Act 2015 (NSW) (Act). In response to the COVID-19 pandemic and Government Public Health Orders, from 5…
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ContractsProjectsProperty
4 November, 2022

The doctrine of frustration in land contracts

The Doctrine of Frustration Frustration operates to bring a contract to an end in circumstances where an intervening, post-contract event has occurred through no fault of the parties, which makes a contractual obligation impossible to perform or transforms a contractual obligation into a fundamentally different obligation. Frustration in contract generally and…
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LawProperty
8 July, 2022

NSW duties and penalty changes now in force

Is duty payable on a call option in NSW?  It is now. Introduction The State Revenue and Fines Legislation Amendment (Miscellaneous) Bill 2022 (NSW) (Bill) was introduced into NSW Parliament on 23 March 2022 and was assented to on 19 May 2022. The Bill is now referred to as State…
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