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New High Court judgment on purchaser’s duty to inquire – Deguisa v Lynn [2020] HCA 39
Contact: Sarah Mason-Jones Is a purchaser of land required to examine historical certificates of title in search for signs that the past owners have entered in restrictive covenants burdening the land? Can a purchaser of land rely only on what has been disclosed on the current certificate of title and is not bound to […]
The Importance of Vendor Warranties
Contact: Mark Poretti In most business sales, the humble vendor warranty is often overlooked and understated in its value to the purchaser. This is despite the significant consequences if a vendor breaches these warranties (e.g. termination of contract and damages). In this article we review the importance of vendor warranties and how a tailored approach […]
Anti-Phoenixing Provisions
Contact: Maurice Falcetta In February of this year, a new amending act was passed: Treasury Law Amendment (Combating Illegal Phoenixing) Act 2020: An act to amend the law relating to corporations and taxation, and for related purposes (the Act). The amendments affect primarily the Corporations Act 2001 (Cth) by introducing new offences for illegal phoenix activity, primarily […]
The HomeBuilder Grant and Stamp Duty Waivers
The HomeBuilder Grant and Stamp Duty Waivers A combination of Territory and Commonwealth government initiatives are creating great incentives to buy for purchasers looking at blocks of new land, off-the-plan apartments or townhouses. Stamp Duty Waivers For Contracts exchanged between 4th June 2020 and 30th June 2021, the ACT Government has implemented a new stamp […]
Ipso Facto Reforms
Contact: Maurice Falcetta On 1 July 2018, amendments to the Corporations Act 2001 (Cth) came into effect, commonly called the ‘ipso facto reforms’. These amendments were designed to protect companies experiencing financial difficulties that are taking steps to combat potential insolvency to assist them with successfully restructuring. How to recognise an ipso facto clause An ipso […]
Why having a Will and Enduring Power of Attorney are Essential?
Contact: Mark Poretti Why a Will and Enduring Power of Attorney are Essential? Our Partner Mark Poretti recently discussed the importance of having a Will and Enduring Power of Attorney with Financial Planner, Luke Smith from Envision Financial who also has a regular radio show on 2CC, for a podcast on Strategy Stacker. Wills A will is a […]
The New Normality – The impact of COVID-19 on Law:
COVID-19 has had a significant impact on the way businesses operate and consequently, businesses have had to adapt to a ‘new normal’. At Trinity Law, we specialise in four broad areas of our business consisting of Commercial and Business Law, Property Law, Commercial Litigation and Small to Medium Enterprise. While Trinity is one firm, each […]
NSW document witnessing requirements under Covid-19
Contact: Michael James From 22 April 2020, witnessing of certain documents in the NSW can be made through video conferencing … Documents that can be witnessed through video conferencing Only documents governed by NSW law can be witnessed through video conferencing. This includes – A deed, contract, or agreement; A will; A power of attorney or […]
COVID 19 Commercial Leasing – Code of Conduct
Contact: John Irvine The Federal Government has now released the Code outlining the mandatory relief landlords are to provide their affected SME tenants and which is about to be passed into law by each State and Territory … Minimum relief to be provided Landlords must offer tenants a proportionate reduction in rent payable in the […]
Meaning of Debt in an Insolvency Context
Contact: Maurice Falcetta In general terms, a company or person is viewed as being ‘insolvent’ when they are unable to pay all of their debts. This is specifically addressed under section 95A(1) of the Corporations Act 2001, which provides that ‘[a] person is solvent if and only if, the person is able to pay all the […]