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The Shortfall Pitfall and How to Avoid It
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;…
Read MoreThe Future of Sunset Dates in Off-the-Plan Contract
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…
Read MoreBuyer’s remorse – cooling off in domestic building contracts
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…
Read MoreDistraint of Goods: A self-help remedy for commercial Landlords
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…
Read MoreOPERATING A BUSINESS WHEN BORDERS OPEN
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…
Read MoreLegal disputes set to rise in 2022
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.…
Read MoreFund Through Transactions – The New Black
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…
Read MoreSecurity of Payment Laws: Amendments to change the way you get paid
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…
Read MoreLand Tax Reforms Commence – 1st July 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…
Read MorePREPARING FOR THE UNKNOWN: How the Coronavirus may impact your business
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…
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