Long after other states had abolished them, NSW had continued to impose the so-called ‘nuisance duties’ . Nuisance duties included mortgage duty, stamp duty on the sale of a business and stamp duty on the transfer of shares in NSW private companies and...Read More
If you need to sign an affidavit, you will need to sign it before, and have it witnessed by: a justice of the peace; a solicitor; or another select number of people authorised by law. If the affidavit is to be signed overseas, you could also use a notary public; or an...Read More
As you would be aware, if you (or your clients) own commercial real estate, one of the most tax effective strategies can be to hold that property in self-managed super (SMSF). This includes property leased to third parties and property at which you (or your client)...Read More
Aldi Foods Pty Ltd v Young [2016] NSWCA 109 Background On 22 July 2009, a 52 year old woman named Susan Young was shopping at an Aldi Supermarket in New South Wales. An employee of Aldi was unpacking and restocking strawberries from a ‘pallet jack’ trolley. The pallet...Read More
Most people are aware that when they are buying a property they are entitled to a 5 day cooling off period (unless their lawyer provides a certificate waiving that entitlement). However, did you know that you have no entitlement to a cooling off period if you are...Read More
Our legal team at Simpson Partners have extensive experience in advising homeowners and property developers in relation to disputes with local councils, including Sutherland Shire Council. We can assist in the following ways: Advising on your rights of appeal against...Read More
Liquidation can seem like the worst possible thing that can happen to your company. The word liquidation has a bad reputation and many people can’t think any good that could come out of it. However, liquation can have its benefits. A key concern of directors is they...Read More
There are a number of defences which may be appropriate to defend against a claim of defamation, such as: Truth – if a defamatory statement is objectively true, a claim in defamation can be defeated. Fair comment/honest opinion – a defamatory statement can...Read More
A fixed rate home loan means the interest rate stays the same for a set period of time. This means you will have the security of knowing what the repayments will be during and can budget accordingly. With a variable rate loan, the interest rate can change from time to...Read More
From 29 April 2016, properties in NSW with a pool or spa cannot be sold or leased without a valid certificate of compliance or relevant occupation certificate attached to the sale contract or residential tenancy agreement. You also need to ensure the pool is...Read More
