LAW TALK
We believe in making law simple and accessible and want to share clear, practical information across the legal issues that matter most.
Law Talk is where we share insights, updates, and practical tips across all areas of law we practise. Whether you’re navigating a family matter, planning your estate, or looking for guidance on property or commercial issues, our blog is here to keep you informed – without the legal jargon.
Does your Will cover you if you lose capacity?
In our next true or false series Eme-Lee and Camille discuss if your Will covers who makes decisions for you if you lose capacity. If there is something you would like to see answered in this series, send us a message...
Challenging a Will with a Family Provision Claim
What can we learn from the Hollywood Movie….Knives Out If you haven’t seen Knives Out the 2019 American Mystery film directed by Rian Johnson because you did something other than binge-watch every TV and Movie ever...
Can beneficiaries also be the executors and trustees under your Will?
In our next true or false series Eme-Lee and Camille discuss if your beneficiaries can also be the executors and trustees under your Will. If there is something you would like to see answered in this series, send us a...
Is Superannuation covered by your Will?
Eme-Lee and Camille are bringing you a new true or false series to answer the common questions we get from clients about Estate Planning and Deceased Estates. In the first segment, Eme-Lee and Camille discuss whether...
Operating a crane over adjoining properties
Are Developers required to seek consent before operating a crane over adjoining properties? The short answer is YES. In most circumstances, individual landowners and owners corporations will own the airspace above...
Residential Apartment Buildings Act (RABA)
Residential Apartment Buildings Act – how does it fit into the grand scheme of building regulation? What is the RABA? The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020, or more...
New Mandatory Reporting Requirements for Strata Schemes in NSW
Update: The NSW government has changed the first due date for these reporting requirements to be from 30 June 2022. This means that if you have held your first annual general meeting prior to 30 June 2022, you must...
Two Lot Strata Schemes – Understanding Your Obligations
Two lot strata schemes are very common these days, however they do present unique and special challenges compared to ordinary apartment/villa type strata schemes. These include: The lot owners will generally occupy...
No free parking – What can you do if residents keep parking in visitor car spaces
“You can’t park here, it’s visitor parking only” It’s a comment that rings out regularly throughout strata schemes, sometimes in the form of a note on the windscreen. But owners corporations are rarely aware of their...
Abandoned Vehicles on Common Property – What are your rights?
What are your rights? Abandoned vehicles on common property in strata schemes are governed by the Uncollected Goods Act 1995 (“Act”). A person/owners corporation may dispose of the abandoned vehicle or goods, providing...
Just over a month until developer ratings roll out
The New South Wales Government has been making a conscious effort to improve consumer confidence in residential buildings and developments. As part of the suite of changes is the introduction of a transparent rating...
Building Defects and the Design and Building Practitioners Act (DBPA)
Is the design and building practitioners act an extra arrow in the quiver of homeowners for building defect claims? The Owners – Strata Plan No 87060 v Loulach Developments Pty Ltd (No 2) [2021] NSWSC 1068 State...
Changes in the Federal Circuit and Family Court of Australia.
On the 1st September 2021, the former Federal Circuit Court of Australia and Family Court of Australia merged to create the Federal Circuit and Family Court of Australia (FCFCOA). The overarching purpose of the new...
Director IDs
The Director ID has been talked about by politicians and regulators for a long time. It has now officially been introduced. But what is it? What is a Director ID? A Director ID is a 15 digit unique number that a...
What are the benefits of clear by-laws?
By-laws can often become a headache for everyone involved in strata. Our blog takes a look at why it is important that they are clearly drafted and easily interpreted. What are by-laws? All strata schemes have a...
The 5 steps the Court takes to determine a property matter in Family Law
In some circumstances, parties are not able to reach an agreement by way of mediation or negotiations as to how they are going to divide their assets following separation. The next step involved in progressing a matter...
Update on Certificates of Title
In the finalisation of the ongoing digital transformation of the conveyancing process in NSW, the Registrar General has announced that from 11 October 2021 all Certificates of Title (‘CTs’) will be abolished and paper...
Updating parenting orders to reflect your current situation
The COVID-19 pandemic and associated restrictions may have prevented us from being able to do many things, however updating your parenting orders to reflect your current situation is not one of them. Your...
Pets in Strata
Pet Laws are now part of the Strata Schemes Management Act On 25 August 2021, the proposed pet by-laws were officially legislated as part of the Strata Schemes Management Act 2015 (SSMA Act) making the keeping...
LGA’s of concern and parenting arrangements
My former partner lives in one of the LGA’s of concern, do I still have to facilitate our parenting arrangement? There are currently a number of Local Government Areas (LGA’s) of concern that are subject to...