Articles

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

Buyer’s remorse – cooling off in domestic building contracts

02 Aug 2022

Article by Nicholas Graham When your house build does not go to plan With supply chain issues and difficulties for builders to effectively program construction works becoming the new norm, it is imperative that builders and building owners alike are familiar with the circumstances that clients can cool-off on their building contracts. What happens after…

Distraint of Goods: A self-help remedy for commercial Landlords

30 Mar 2022

An article by Graham Hall South Australian commercial landlords should be aware of this practical self-help remedy to recover rental arrears from a defaulting tenant – the right to distrain. COVID-19 has not made life any easier for many commercial tenants and a landlord may find themselves with a defaulting tenant from time to time…

OPERATING A BUSINESS WHEN BORDERS OPEN

22 Nov 2021

With Australia’s State borders opening (South Australia from Tuesday 23 November 2021) along with the resumption of international travel, Commercial & Legal, Partner Nicolas Graham states, “all businesses are having to review the way they operate and connect with their customer base and clients to ensure they remain viable as we adjust to a ‘COVID…

Legal disputes set to rise in 2022

12 Nov 2021

As the nation opens from COVID, with property investment and development on a high, and recent indicators reflecting low levels of small business collapses; lawyers are experiencing an upsurge in contractual disputes from the construction industry and small business in particular; with the expectation disputes and litigation will continue to rise well into next year.…

Fund Through Transactions – The New Black

31 Oct 2021

Property investors are finding new and innovative ways to maximize their return on their investments. One strategy which we are seeing used more often recently is a ‘fund-through’ transaction. A fund through is a transaction where a property owner secures construction finance for a development from an investor who will take over ownership of the…

Security of Payment Laws: Amendments to change the way you get paid

28 Oct 2021

With proposed changes to the existing Security of Payment Legislation now tabled in Parliament, all building and construction contractors are being encouraged to plan in advance of the changes that are designed to bring South Australia in line with other jurisdictions. Commercial & Legal Partner Nicholas Graham indicated it is essential “domestic and commercial building…

Land Tax Reforms Commence – 1st July 2020

06 Jul 2020

For those previously concerned about the impacts of the recent Land Tax Reforms, the COVID-19 crisis put those concerns aside whilst we all had to deal with something more serious.  Now that the short-term effects of COVID-19 seem to be ending, the much anticipated Land Tax Reforms have commenced practical operation from the 1st July…

PREPARING FOR THE UNKNOWN: How the Coronavirus may impact your business

19 Mar 2020

The strategic response to the increasing spread of COVID-19 is rapidly evolving in Australia and overseas to protect the community and those most vulnerable.  Almost all of us will be impacted in some way as the restrictions have an inevitable economic cost and there remains prevailing uncertainty while the virus is uncontained.  One thing we…

BUYING PROPERTY WITH A PARTNER, PROTECT YOUR ASSETS

11 Nov 2019

Are you planning on purchasing a property with a partner, to live in or as an investment? Are the contributions to the property by each party (either initial or ongoing) unequal? Are you satisfied that your financial interests and assets you have acquired prior to the relationship are protected? Are you concerned that you may…

WHEN SALES TALK IS NOT ‘MERE PUFFERY’

16 Oct 2019

Written By Andrew Dunncliff A statement by a real estate sales agent to a potential purchaser or in advertising may be only sales talk (called “puffery”) or it may actually be a statement of fact. Sales talk is language used that no reasonable person should take literally and rely on. “A charming house in a…