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Proportionate Liability Regime: NSW Supreme Court clarifies how to properly identify potential concurrent wrongdoers

Since the introduction of the proportionate liability regime in the Civil Liability Act 2002 (NSW) over 15 years ago, there has been a series of cases which have contributed to how the regime operates, including in the High Court of Australia decision of Hunt & Hunt Lawyers v Mitchell Nominees[2013] HCA 10.
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NCAT has jurisdiction to deal with disputes where a party temporarily moves outside of New South Wales

The appellant, Ms Anagnostou and the respondent, Ms Leo were parties to a residential tenancy agreement under the Residential Tenancies Act 2010 (NSW) (‘Agreement’).
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Compliance is essential for winding up applications during COVID

Late in 2020, In the matter of Ryals Hotels Pty Ltd [2020] NSWSC 1906, the Supreme Court of New South Wales was required to examine various restrictions brought into support businesses through the COVID period and what impact they had on an application by a landlord to wind up a commercial tenant.
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Landlord’s attempt to avoid COVID restrictions for commercial tenant a costly exercise

During 2020, as part of the National Cabinet’s response to COVID-19, a number of measures were put in place to assist businesses to continue to trade including:
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Physical Commencement in the time of COVID – the what and when

Some developers are turning their minds to preserving their development consents (Consent) during the pandemic by “physically commencing” the approved project.
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Major change for NSW developers in relation to serious building defects

The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) passed swiftly through the NSW Parliament and was assented to on 10 June 2020.  This is part of the government’s response on buildings that may have serious defects, including non-complaint cladding or buildings with Mascot Towers type issues.  
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COVID-19 National Cabinet Mandatory Code of Conduct (Commercial and Retail Leases) - Bulletin 1

We all know, the recent spread of COVID-19 in Australia has brought unprecedented and complex challenges to commercial and retail Landlords. This rapidly evolving crisis has caused considerable stress to Landlords, particularly with regards to corresponding with and responding to tenants in financial hardship due to the crisis, as well as dealing with their own financial considerations.
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Unit entitlements – you’re not so entitled!

Unit entitlements are the allocated share of the rights and responsibilities of a strata scheme. They impact an owner’s contributions to the expenses of the strata scheme, rights over common property and voting rights.
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New residential tenancy laws to protect victims of domestic violence

New tenancy reforms have been introduced in NSW which aim to protect victims of domestic violence who are living in a residential tenancy premises. Effective from 28 February 2019, the new Laws allow for a tenant to terminate their tenancy without penalty and immediately if they or their dependents are subject to domestic violence.
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New Regulations push local contributions and leave DA’s in limbo

New EP&A Reg 270A requires a Contributions Plan before DA’s in the Growth Centres can be approved or refused.
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Real estate underquoting

Underquoting laws introduced in 2016 made it an offence for real estate agents selling residential properties in NSW to understate a property’s likely selling price.
  • 23 Aug 2018

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New Planning Laws in NSW

DA (development application) processes have been given a fillip under changes to the Environmental Planning & Assessment Act which took effect this month.
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Dementia and beyond

The phone rings and you pick it up. It’s your father, and he tells you the same cat story for the 10th time this week. In fact, you’re not even sure if the cat story happened this week, or last month, or last year or…  Your father is displaying signs of memory loss and dementia.
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Developers Beware – Building Defect Bond Scheme commence from 1 January 2018

The new Strata Scheme Management Act 2015 and Strata Scheme Development Act 2015 commenced on 30 November 2016.
  • 4 May 2017

Blog

Hicksons supports winning bid in affordable housing

Hicksons congratulates Amelie Housing, the community housing company of the Trustees of the Society of St Vincent de Paul (NSW), who have been appointed to provide 500 social and affordable housing dwellings.
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