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“Reasonable Endeavours” in Off-the-Plan Contracts
Key Lessons from Kakkad & Ors v Treana Holdings Pty Ltd & Ors By Elias Farah & Jennifer Novak The District Court of South Australia’s recent decision in Kakkad & Ors v Treana Holdings Pty Ltd & Ors [2024] SADC 161 (“Kakkad”) handed down on 11 December 2024 offers crucial insights into the interpretation and…
Read MoreUnlocking Opportunities: South Australia’s New Stamp Duty Relief
By Kimberley Garcia Revenue SA’s Stamp Duty Relief package for eligible first home buyers on 15 June 2023 State Budget is the most recent development for those looking to break into the property market. This Stamp Duty Relief package is only available to Purchasers who have entered their contracts from 15 June 2023. On Tuesday,…
Read MoreNavigating Off-the-Plan Sunset Date Clauses
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…
Read MoreEverything You Need to Know About New Building Concessions and Exemptions in 2024
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…
Read MoreWhat Happens to My Home?
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…
Read MoreWhy is Woolworths Building Apartments? Mixed-Use Developments Could Redefine Urban Living
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…
Read MoreNo-Cause Evictions Targeted By SA’s Proposed Changes to Leasing Laws
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…
Read MoreSwale Joins New Team
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…
Read MoreThe Critical Role of Business Succession Planning: Protecting Your Company’s Future
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…
Read MoreIndustrial Manslaughter: New Laws Could Put Employers Behind Bars
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…
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