Articles

Read the latest information relating to property, conveyancing and general commercial law.

Navigating Sunset Dates

Navigating Off-the-Plan Sunset Date Clauses

25 Jan 2024

Do we require greater protection in South Australia? By Erin Freebairn & Jennifer Novak Sunset date clauses in “off-the-plan” contracts are intended to offer security and protection for both developers and buyers, but there has been increasing misuse of these clauses, whereby developers unreasonably terminate contracts during the construction process. This is particularly problematic where…

Everything You Need to Know About New Building Concessions and Exemptions in 2024

07 Dec 2023

South Australia is introducing a series of new Livable Housing Design Standard (LHDS), energy efficiency and condensation provisions and building concessions, effective 1 October 2024. These new provisions comprise part of the second implementation stage of the National Construction Code (NCC) Series 2022. The Government will publish a Ministerial Building Standard detailing the circumstances in…

Understanding Major Changes to Succession Legislation

What Happens to My Home?

13 Oct 2023

Understanding Major Changes to Succession Legislation By Robyn Nayda The Succession Bill 2022 is expected to be enacted as legislation in the near future. The Bill proposes the most comprehensive overhaul of legislation relating to wills, deceased estates and estate litigation in over 30 years. Whilst the Bill proposes wide-reaching changes relating to succession law…

Why is Woolworths Building Apartments? Mixed-Use Developments Could Redefine Urban Living

21 Jul 2023

How Mixed-Use Developments Could Redefine Urban Living By Camilla Wolfe-Barry In response to changes in shopping behaviour, supermarket giant Woolworths is pursuing mixed-use developments to build apartments above their retail locations. Woolworths currently has a handful of these mixed-use projects in the pipeline, but like other property developers, including those in South Australia, they are…

SA Government Proposes No-Cause Eviction Ban

No-Cause Evictions Targeted By SA’s Proposed Changes to Leasing Laws

17 Jul 2023

Earlier today, Consumer and Business Services announced that South Australian renters will be protected from so-called no-cause evictions if the State Government’s proposed rental reform passes Parliament.   Where did this come from? In mid-2022, the South Australian government launched a campaign, chaired by the Minister for Consumer and Business Affairs Andrea Michaels and Commissioner…

Adrian Swale Joins Commercial & Legal

Swale Joins New Team

10 Jul 2023

Adelaide law firm Commercial & Legal has poached the head of Minter Ellison’s real estate practice in South Australia. Adrian Swale has joined the firm as senior lawyer and client services manager after close to 37 years at Minter Ellison, where he specialised in commercial property development and transaction advice.Commercial & Legal principal partner Elias…

The Critical Role of Business Succession Planning: Protecting Your Company’s Future

31 Mar 2023

By Peter Berekally Business succession planning is a crucial yet often overlooked aspect of business management. It involves establishing a clear and well-considered strategy for transitioning ownership and control of a company to a successor, whether due to retirement, disability, or death. Succession planning ensures the continuation of a company’s operations, preserves its value and…

ndustrial Manslaughter: New Laws Could Put Employers Behind Bars

Industrial Manslaughter: New Laws Could Put Employers Behind Bars

22 Dec 2022

Article by Nicholas Graham Industrial manslaughter may soon become a criminal offence under South Australian law, per a promise made by the Labor Government to minimise the number of avoidable deaths and workplace injuries.  If the proposed changes to legislation are passed, the office will apply to both persons conducting a business or undertaking and…

The Shortfall Pitfall and How to Avoid It

The Shortfall Pitfall and How to Avoid It

30 Sep 2022

Article by Nikki Johnston As a result of the advent of electronic conveyancing via platforms like PEXA, Conveyancers no longer must navigate the complications of cheque directions to an incoming mortgagee, time constraints, and the potential risk of spelling errors or incorrect amounts on the day of settlement. We are, however, facing a new issue;…

The Future of Sunset Dates in Off-the-Plan Contracts

The Future of Sunset Dates in Off-the-Plan Contract

30 Sep 2022

Article by Elias Farah & Erin Freebairn What is a Sunset Date? You would be aware of properties sold “off-the-plan” when looking at projects comprising apartments, and more recently when involving new homes (often townhouses). Buying off-the-plan is when a buyer enters a contract to acquire property prior to completion or construction of the dwelling…