Publications
VIEW:
Property Updates
Property Updates
27 March 2024
Security For Tenant's Obligations - Bank Guarantee vs Security Bond
Property Updates
17 August 2023
Update On Early Termination Clauses In Retail Leases
Property Updates
12 July 2023
Off The Plan Sales - The Importance Of Getting It In Writing
Property Updates
02 May 2023
Can A Landlord Recover Lease Incentives From A Tenant?
Property Updates
29 March 2023
Termination Of Retail Tenancies - Recent Case Examples
Property Updates
15 February 2023
Classification of Option Fees and Deposits
Property Updates
20 December 2022
Penalties in Property - The Fine Line in Motivating Contractual Performance
Property Updates
16 November 2022
Corporate Collective Investment Vehicle - A New Regime For Syndicators And Collective Investments
Property Updates
25 October 2022
Was it Agreed or Not Agreed – That is The Question! A Review of Shogroup Hotels Pty Ltd v Harris Street Holdings Pty Ltd
Property Updates
15 September 2022
Signed, Sealed… Delivered - A Summary of Centuria Property Funds Ltd v Thorn Australia Pty Ltd [2022] NSWCA 104
Property Updates
30 August 2022
Statutory Review of Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) - Part 3
Property Updates
17 August 2022
Statutory Review of Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) - Part 2
Property Updates
25 July 2022
Statutory Review of Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) - Part 1
Property Updates
10 June 2022
An apartment one could only dream of - Ripani v Century Legend Pty Ltd
Property Updates
09 May 2022
Where do I sign? Electronic execution is here to stay
Property Updates
07 April 2022
FIRB register update: Agricultural land and water rights – Foreign ownership continues to grow
Property Updates
10 March 2022
Is there an obligation on landlords to install air purifiers?
Property Updates
11 February 2022
Is compliance with statutory obligations a requirement to establish the existence of a concluded agreement between the parties?
Property Updates
09 December 2021
The Night Before Christmas - A Cautionary Tale
Property Updates
10 November 2021
A Simple Explanation On Legal Professional Privilege And How To Keep It
Property Updates
21 October 2021
Consequences Of An Invalid Claim Of Repudiation
Property Updates
16 September 2021
COVID-19 and Commercial Leases – Twin Creek Holdings Pty Ltd and BB Applecross Pty Ltd [2021] WASAT 93
Property Updates
08 July 2021
Community Titles Policy and Guidelines Approved
Property Updates
21 June 2021
Community Titles Act 2018 begins operation this month
Property Updates
10 June 2021
COVID-19 and contractual obligations – The inn dispute topic
Property Updates
13 May 2021
Navigating Notifiable variations under the amended Strata Titles Act
Property Updates
07 April 2021
What a (Rent) Relief!
Property Updates
11 March 2021
Emergency over – What comes next for WA commercial leasing arrangements?
Property Updates
03 December 2020
Leasing in a Post-COVID (Legislation) WA:  Rent reviews, rent relief and deferred rent - some practical issues
Property Updates
29 October 2020
Liquor issues brewing for property owners and developers
Property Updates
01 October 2020
Update on the WA coronavirus legislation for commercial leases
Property Updates
09 September 2020
Covid-19 - a timely reminder as to proper execution and electronic signing of documents
Property Updates
30 July 2020
Insurances required under a commercial lease
Property Updates
03 July 2020
Strata says No!  Tribunal says Yes!
Property Updates
02 July 2020
Major reforms to Australia’s foreign investment review framework
Property Updates
03 June 2020
Commercial Tenancies (COVID-19 Response) Regulations 2020
Property Updates
29 April 2020
Things you need to know about: The Commercial Tenancies (COVID-19 Response) Act 2020 and The land tax relief package
Property Updates
21 April 2020
PROPERTY UPDATE: 10 days to the commencement of the Strata reforms
Property Updates
08 April 2020
National Cabinet Mandatory Code of Conduct
Property Updates
02 April 2020
PROPERTY UPDATE: Temporary changes to foreign investment framework
Property Updates
05 March 2020
Reasonable endeavours – a higher standard than you might think
Property Updates
06 January 2020
Gazettal of strata regulations heralds big changes
Property Updates
05 December 2019
When does a lease commence - Handover Date v Commencement Date?
Property Updates
23 October 2019
Off-the-plan Duty Rebate
Property Updates
03 October 2019
Limits on the damages recoverable for breach of contract
Property Updates
05 September 2019
When does intending become intention?
Property Updates
01 August 2019
Put and Call Options – An important lesson for buyers and sellers
Property Updates
05 July 2019
Revenue Laws Amendment Bill receives Assent: Changes to Western Australia’s State Revenue Laws
Property Updates
06 June 2019
Misleading and deceptive conduct by breach of contractual warranties and conduct
Property Updates
02 May 2019
Exercise of an option - a cautionary tale for Landlords
Property Updates
04 April 2019
Developers beware: duty implications for strata subdivisions
Property Updates
07 March 2019
New packaged liquor restrictions affecting landlords and tenants
Property Updates
07 February 2019
Revenue Laws Amendment Bill 2018 - The significant taxation changes on the horizon in Western Australia
Property Updates
06 December 2018
Representations by selling agents & misleading and deceptive conduct
Property Updates
31 October 2018
Contracts for sale and the right to terminate – Check the facts first
Property Updates
10 October 2018
Additional Property Taxes for Foreign Persons in Australia
Property Updates
10 September 2018
Potential issues when buying or selling leased real estate
Property Updates
01 August 2018
The Devil’s in the Detail - an update to the impact of ipso facto laws
Property Updates
10 July 2018
The Devil’s in the Detail - the impact of ipso facto laws
Property Updates
13 June 2018
The impact of the new insolvency laws on leases
Property Updates
03 May 2018
Rating exemptions and retirement villages
Property Updates
05 April 2018
GST withholding legislation passed through Parliament
Property Updates
01 March 2018
Indefeasibility of Title
Property Updates
01 February 2018
Variations by side letter are very uncertain
Property Updates
07 December 2017
Buyers to pay GST to ATO under Draft Legislation
Property Updates
02 November 2017
Court saves badly drafted first right of refusal to lease
Property Updates
05 October 2017
Timing issues with payment of deposits by electronic transfer
Property Updates
07 September 2017
What is the effect of an offer to lease?
Property Updates
03 August 2017
Beware of restrictions in by-laws – short stay use
Property Updates
06 July 2017
Competing equities and caveats – who gets priority
Property Updates
01 June 2017
“Pallas” revisited – The consequences of failure to give a disclosure statement - Retail Shops Act perspective
Property Updates
03 May 2017
Damages for breach of contract in land transactions
Property Updates
04 April 2017
The unintended consequences of the 2015 FIRB changes
Property Updates
01 March 2017
Is a contract for the sale of residential land a ‘consumer contract’? Is condition 24.6(d) of the 2011 Joint Form of General Conditions unfair?
Property Updates
02 February 2017
Avoidance of off the plan contracts – Recent developments
Property Updates
09 November 2016
The new amendments to Unfair Contract Terms legislation will apply to commercial and retail leases
Property Updates
03 November 2016
The treatment of options under the new Foreign Resident CGT Withholding Regime
Property Updates
12 October 2016
The Consequences of conduct not being consistent with the remedy sought
Property Updates
07 September 2016
Contractual promises – are they binding?
Property Updates
09 August 2016
The liability of selling agents for false information in promotional brochures
Property Updates
15 July 2016
P Value Pty Ltd v Vicland Property Group No 1 Pty Ltd, Mark Marki Markii Pty Ltd, William Derek McNee, Rodney Morley Persichetti Pty Ltd, Richard Thomas, Wellara Holdings Pty Ltd and Fred Nucara [2016] VSC 100
Property Updates
08 June 2016
Fair Market Rent – Do buildings count?
Property Updates
10 May 2016
Unconscionable conduct under the Commercial Tenancy (Retail Shops) Agreements Act 1985
Property Updates
26 April 2016
Selling agent or seller’s agent?
Property Updates
17 March 2016
Payment of deposit by instalments – the effect on sale contracts: Du Buisson Perrine v Chan [2016] WASCA 18
Property Updates
12 February 2016
FIRB UPDATE: OBTAINING GOVERNMENT APPROVAL TO BUY AUSTRALIAN LAND
Property Updates
18 November 2015
What is “vacant possession”?
Property Updates
07 October 2015
A reminder from the Western Australian Supreme Court – the Court’s willingness to correct contractual provisions before declaring a provision void
Property Updates
21 September 2015
When can a tenant overturn a landlord’s termination of the lease? (the tenant’s equitable remedy of relief against forfeiture)
Property Updates
13 August 2015
Does a breach of liquor licensing requirements render a lease void and unenforceable?
Property Updates
06 July 2015
What a difference a day makes - the consequences of a landlord not terminating a lease correctly
Property Updates
12 June 2015
Another example of the consequences of failing to register interests on the title
Property Updates
14 May 2015
No 3D space, no lot – the demolition of a boundary building and its effect on lots in a strata scheme
Property Updates
15 April 2015
Caveats: The interest is in the detail
Property Updates
12 March 2015
Foreign investment policy and changes to FIRB rules
Property Updates
16 February 2015
Negotiations via email create binding agreement
Property Updates
11 December 2014
Obligation to repay lease incentives held to be a penalty
Property Updates
13 November 2014
Building defects – is there liability in negligence?
Property Updates
09 October 2014
Foreign investment in real estate
Property Updates
15 September 2014
Is your duty assessment more than you expected?
Property Updates
14 August 2014
Update on execution of documents – section 126 Corporations Act 2001 (Cth)
Property Updates
10 July 2014
Service by email
Property Updates
12 June 2014
Reasonable endeavours – another pronouncement by the courts
Property Updates
08 May 2014
You cannot sell land you don’t own
Property Updates
10 April 2014
Amendments to Retirement Villages Legislation
Property Updates
13 March 2014
Why leases should be registered in Western Australia
Property Updates
13 February 2014
Rooftopping – consequences for owners
Property Updates
13 December 2013
Landgate’s Property Interest Report
Property Updates
15 November 2013
Bank guarantees – are they as bullet proof as you think?
Property Updates
30 October 2013
“Attest match”
Property Updates
22 August 2013
Electronic contracts for the sale of land
Property Updates
16 August 2013
Subdivider’s land tax concession
Property Updates
11 July 2013
Reforms to the Privacy Act
Property Updates
18 June 2013
Leasing incentives and tax implications
Property Updates
16 May 2013
Financing issues with modular construction
Property Updates
18 April 2013
Midstyle Nominees Pty Ltd v Jordon [2013] WASC 85
Property Updates
22 March 2013
Community titles
Property Updates
25 February 2013
Modular construction contracts
Property Updates
17 December 2012
Amendments to Retail Shops Act – update
Property Updates
16 November 2012
Modular construction – is this the future for multi-unit construction in Perth?
Property Updates
26 October 2012
Make good issues
Property Updates
02 October 2012
Off the plan contracts – notifiable variations
Property Updates
10 August 2012
Landgate’s fraud mitigation practice
Property Updates
23 July 2012
Guarantee of leases
Property Updates
18 June 2012
When is a selling agent entitled to commission?
Property Updates
18 May 2012
Unreasonably withholding consent from tenants – Can landlords really say no?…
Property Updates
16 April 2012
Consequences of defective execution clauses
Property Updates
09 March 2012
How the PPSA will affect leases
Property Updates
09 February 2012
Caveats: More than meets the eye
Property Updates
02 December 2011
What do you mean you sold my house?
Property Updates
21 November 2011
Integration and cohesion the key to commercial land development
Property Updates
11 November 2011
Landlords beware: Sub-tenants may have more rights than you know
Property Updates
01 November 2011
The Personal Property Securities Act – what it means for the property sector
Property Updates
14 October 2011
To make good or not to make good? What are the options?
Property Updates
02 September 2011
Best endeavours, reasonable endeavours & all reasonable endeavours – they are not what you might think they are
Property Updates
11 August 2011
Protect your lease or lose it
Property Updates
08 July 2011
Buyer entity: Get it right the first time
Property Updates
04 June 2011
The Small Business Commissioner and the proposed amendments to the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA)
Property Updates
10 May 2011
High Court clarifies the approach to setting aside transactions made with the intention of defrauding creditors under property law statutes
Property Updates
07 May 2011
Proposed amendments to the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA)
Property Updates
21 April 2011
Duty on conditional agreements
Property Updates
12 March 2011
Electronic Contracts
Property Updates
16 February 2011
The new Australian consumer protection and fair trading laws
Property Updates
12 February 2011
The impact of insolvency on leases
Property Updates
06 November 2010
The impact of insolvency on leases
Property Updates
16 October 2010
Recent property scam means Landgate should introduce pin numbers
Property Updates
04 September 2010
The impact of insolvency on leases
Property Updates
07 August 2010
Agents on the hook – implications of FIRB changes on real estate
Property Updates
16 July 2010
Durable v perishable - WA's new retail trading laws
Property Updates
03 July 2010
When is it reasonable for an assignment of lease to be withheld?
Property Updates
05 June 2010
The effect of the new Unfair Contract Terms legislation on the property industry
Property Updates
02 April 2010
At last - some guidance on unconscionable conduct in respect of retail tenancies?
Property Updates
01 April 2010
Taxation of Trusts - The Bamford Case
Property Updates
06 March 2010
Developer puts cart before the horse on viability clause
Property Updates
06 February 2010
Mandatory Disclosure of Commercial Office Building Energy Efficiency
Property Updates
07 November 2009
Lessons from the Boom and the Bust
Property Updates
06 October 2009
Supermarkets shopped by the regulator
Property Updates
05 September 2009
2009 General Conditions for the Sale of Land
Property Updates
08 August 2009
End of the going concern exemption - cause for concern?
Property Updates
08 July 2009
Selling agents beware: is the buyer you find a client of yours?
Property Updates
06 June 2009
Real estate agents: partial disclosure - a recipe for disaster?!
Property Updates
25 April 2009
Can a tenant withhold rent in respect of a breach of the lease by the landlord?
Property Updates
28 March 2009
Income tax: Can a property buyer deduct his agent's fees?