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Prudent Searches
How do I know if the seller has “good title” to what I am buying? How far into the history of a property do I need to look to ensure I know all of the restrictions that apply? In Deguisa v Lynn [2020] HCA 39, the High Court unanimously held that the current certificate of […]
Changes to Stamp Duty in the ACT – Implications for Buyers and Developers
Earlier this week, the ACT Government announced a number of changes to the Stamp Duty regime, commencing 1 July 2021. These changes will have impacts on the property market in Canberra, affecting both buyers and developers. The Changes The main change is that anyone purchasing an “off the plan” apartment or townhouse valued at up […]
Interpretation of Crown Lease Conditions – A Growing Gulf Between Government and the ACAT?
The recent developments in the ongoing saga of the Knightsbridge Furnished Apartments (Knightsbridge) in Kingston may prove to highlight a growing gulf between the ACT Planning and Land Authority (ACTPLA), pushing for development across the Territory and the ACT Civil and Administrative Tribunal (ACAT), who appear to be narrowly interpreting Crown Lease provisions. Background Completed […]
Compulsory Acquisition in the ACT – A Case Note
Chung Yi – Case Note In September, the ACT Civil and Administrative Tribunal handed down a decision about compensation for compulsorily acquired land by the Territory. Trinity Law represented the Applicant, Chung Yi Developments Pty Ltd, in their application to ACAT for review of what was deemed to be a rejection of Chung Yi’s claim […]
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 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 […]
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 […]
100% eConveyancing in NSW – Electronic Settlements
Contact: Michael James or Ruby Holloway In New South Wales all property transfers are now taking place electronically as of 1st July 2019. PEXA (Property Exchange Australia) is the largest electronic lodgement network in Australia and is the electronic platform provider for settling conveyancing transactions. The PEXA Process PEXA provides an online space where we work with other […]
Personal Property Security Register Reminder
Contact: John Irvine or Mark Poretti 30 January 2019 marked the seventh anniversary of the commencement of the Personal Property Security Act 2009 (Cth) (‘the Act’) and the accompanying Personal Property Security Register(‘PPSR’). This is also the date that registrations on the PPSR began to expire. Failing to renew existing registrations on the PPSR can have serious […]