ByLawyers News and Updates

Letter to client after exchange – All states

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A precedent update has followed recent user feedback. Significant amendments have been made to the Letter to client after exchange in the Purchase of Real Property Guide, for all states.

This useful precedent letter now includes headings and better reflects the process of payment of duty.

The areas covered, now organised under the new headings, are as follows:

  • GST
  • Investigation of title
  • Duty and concessions
  • Insurance
  • Pre-settlement

At By Lawyers we love to receive feedback from our users and they are often the reason that we update our precedents.

Letter to strata manager – NSW

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The By Lawyers conveyancing precedent Letter to strata manager requesting Section 184 certificate has been amended to include a settlement date and contact details for the purchaser’s representative.

It is the experience of practitioners that with electronic settlements, sending the section 22 notice to strata managers can often be overlooked. For this reason, the letter requesting the s 184 certificate now includes a settlement date, contact details for the purchaser’s representative and a reminder that if there is a problem after settlement the strata manager should contact the purchaser’s representative in the first instance.

This improvement was the result of user feedback. At By Lawyers, we pride ourselves on the cooperative and collegiate relationship we have with the firms using our commentary and precedents daily. We value the feedback that we receive as it helps us to continually improve our publications.

This enhanced precedent letter is available on the matter plan in the Conveyancing – Sale of real property Guide (NSW).

Retail shop lease disclosure – QLD

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The By Lawyers To do list precedent has been updated in the By Lawyers Leases (QLD) Guide to include a section on retail shop lease disclosure requirements of both the lessor and lessee.

New leases

At least seven days before a retail shop lease is entered into, a lessee must have been given a disclosure statement and a copy of the lease by the lessor.

If the disclosure statement is not given, is incomplete, or contains information that is materially false or misleading, the lessee may terminate the lease by notice in writing at any time within six months.

The lessor’s disclosure statement includes a lessee’s disclosure statement, allowing the lessee to set out representations made to the lessee. The Act requires the lessee to complete and give to the lessor this statement at least seven days before entering into the lease.

Sublease

Where a sublessor has requested a head lessor disclosure statement, the lessor must provide it within 28 days.

Renewal

On renewal of a retail lease the lessor must provide a copy of a current disclosure statement to the lessee within 7 days of receiving a renewal notice.

Precedent update

The new section of the To Do list covers the time limits for retail lease disclosure in relation to:

  • new leases;
  • sublease; and
  • renewal of existing leases.

Thanks

This enhancement was the result of user feedback. At By Lawyers, we pride ourselves on the cooperative and collegiate relationship we have with the firms using our commentary and precedents daily. We value the feedback that we receive as it helps us to continually improve our publications.

Retail premises lease disclosure – VIC

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The By Lawyers To do list precedent has been updated in the By Lawyers Leases (VIC) Guide to include a section on retail premises lease disclosure requirements.

New retail premises leases

At least seven days before a retail premises lease is entered into, a lessee must have been given a disclosure statement and copy of the proposed lease by the lessor. The maximum penalty for failing to comply is 50 penalty units.

Renewal of retail premises leases

On renewal of a retail lease the lessor must provide a disclosure statement to the tenant at least 21 days before the end of the current term of the lease where option to renew applies, or no later than 14 days after the entering into an agreement to renew.

Assignment of retail premises leases

If a lessee assigns a retail shop lease it is relieved from liability to pay money under the lease if it serves upon both the lessor and the assignee a copy of a disclosure statement.

Precedent update

The new section of the To Do list covers the time limits for retail lease disclosure in relation to:

  • new leases;
  • assignment; and
  • renewal of existing leases.

Thanks

This enhancement was the result of user feedback. At By Lawyers, we pride ourselves on the cooperative and collegiate relationship we have with the firms using our commentary and precedents daily. We value the feedback that we receive as it helps us to continually improve our publications.

Contract of sale of land – VIC

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The Law Institute of Victoria has recently released a new version of their contract of sale of land. The By Lawyers Conveyancing Guide has been updated to include references to the current clauses of the 2019 LIV contract.

While no form of contract is prescribed by law any longer, various requirements are prescribed before a contract can be enforced.

The 2019 By Lawyers Contract of Sale of Land also meets these requirements and has a number of advantages over the LIV contract. The sale and purchase commentaries in the By Lawyers Conveyancing Guide include a detailed comparison between the LIV contract and the By Lawyers contract on a clause-by-clause basis, to assist in comparing them.

The By Lawyers Contract of Sale of Land, co-authored by conveyancing guru and By Lawyers author Russell Cocks, provides a vendor’s statement and contract in one document. The By Lawyers  contract is specifically designed for residential conveyancing transactions and seeks to overcome some of the traditional road blocks that arise.

The By Lawyers 2019 Contract of Sale of Land is located in the Contract folder in the Sale of Real Property Guide and is also available to purchase through InfoTrack.

For further information, see the article Seven reasons to use the By Lawyers contract or listen to an informative podcast explaining the features of the By Lawyers contract.

Retail lease disclosure – NSW

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The By Lawyers To do list precedent has been updated in the By Lawyers Leases (NSW) Guide to include a section on retail lease disclosure requirements of both the lessor and lessee.

New leases

At least seven days before a retail shop lease is entered into, a lessee must have been given a disclosure statement by the lessor. The maximum penalty for failing to comply is 50 penalty units.

If the disclosure statement is not given, is incomplete, or contains information that is materially false or misleading, the lessee may terminate the lease by notice in writing at any time within six months.

The lessor’s disclosure statement includes a lessee’s disclosure statement, allowing the lessee to set out representations made to the lessee. The Act requires the lessee to complete and give to the lessor this statement within seven days of receipt of the lessor’s disclosure statement. There is a penalty of 50 penalty units if this is not done, but there is no right for the lessor to rescind the lease.

Renewal

On renewal of a retail lease the lessor may provide an update together with a copy of the earlier disclosure statement, or a fresh one.

Assignment

If a lessee assigns a retail shop lease it is relieved from liability to pay money under the lease if it serves upon both the lessor and the assignee a copy of an assignor’s disclosure. This must be done at least seven days before the assignment.

Precedent update

The new section of the To Do list covers the time limits for retail lease disclosure in relation to:

  • new leases;
  • assignment; and
  • renewal of existing leases.

Thanks

This enhancement was the result of user feedback. At By Lawyers, we pride ourselves on the cooperative and collegiate relationship we have with the firms using our commentary and precedents daily. We value the feedback that we receive as it helps us to continually improve our publications.

Mine subsidence certificates – NSW

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Mine subsidence certificates have been abolished in NSW.

From 30 September 2019, certificates of compliance for properties under Section 15 of the former Mine Subsidence Compensation Act 1961 are no longer available from Subsidence Advisory NSW.

Subsidence Advisory NSW’s records indicate the vast majority of developments in mine subsidence districts are approved structures. In the last ten years, only four claims for homes have been refused due to the structure being non-compliant. Due to the extremely low likelihood of a claim being made for a non-compliant property, the significant cost increase to adequately undertake compliance checks prior to issuing certificates was deemed unwarranted.

As a result, the certificates were not carried over to the Coal Mine Subsidence Compensation Act 2017. Property owners are afforded the following alternative protections under the Act:

  • Subsidence Advisory NSW has discretion to pay a claim for subsidence damage to a contravening development in circumstances where the failure to obtain the relevant approvals was not the fault of the property owner or where exceptional circumstances exist.
  • Under Section 23(a) of the Act, buyers have the right to withdraw from a contract of sale for a structure that does not comply with Subsidence Advisory NSW’s development requirements.

Prospective purchasers who wish to ascertain whether a structure is eligible for compensation can do so by obtaining confirmation of development approval through the vendor or council.

Precedent update – Conveyancing – VIC

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A precedent update has followed recent user feedback. Significant amendments have been made to the ‘Letter to purchaser after exchange‘ in the Purchase of Real Property Guide.

This useful precedent letter now includes headings and reflects the process of payment of transfer duty where settlement is to occur electronically.

The areas covered, now organised under the new headings, are as follows:

  • GST
  • Investigation of title
  • Transfer duty
  • Insurance
  • Pre-settlement

The ‘Letter to purchaser after exchange when no initial letter done’ has also been amended to reflect these changes.

At By Lawyers we love to receive feedback from our users and they are often the reason that we conduct a precedent update.

Precedent update – Conveyancing – NSW

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A precedent update has followed recent user feedback. Significant amendments have been made to the ‘Letter to purchaser after exchange’ in the Purchase of Real Property Guide.

This useful precedent letter now includes headings and reflects the process of payment of transfer duty where settlement is to occur electronically.

The areas covered, now organised under the new headings are as follows:

  • GST
  • Investigation of title
  • Transfer duty
  • Insurance
  • Pre-settlement

The ‘Letter to purchaser after exchange when no initial letter done’ has also been amended to reflect these changes.

At By Lawyers we love to receive feedback from our users and they are often the reason that we conduct a precedent update.

Initial letters – Conveyancing – TAS

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The Initial letters to vendor and purchaser precedents have been updated in the By Lawyers Conveyancing (TAS) Guide.

These letters have been enhanced for improved readability and now also include provisions for both sale by agent and private sale procedures.

The initial letters to client are a key step in the conveyancing process, as they address the important issues to be dealt with on commencement of the matter including:

  • Costs
  • Authority to inspect council records (sale)
  • Mortgage discharge authority (sale)
  • Contract considerations – including deposit (purchase)
  • Finance requirements (Purchase)
  • Pest and building reports (Purchase)
  • Stamp duty and any applicable grants and concessions (Purchase)
  • Foreign resident capital gains withholding
  • GST withholding

All By Lawyers publications are updated in relation to changes to legislation, developments in case law and when subscribers ask us for new content. We also routinely enhance and develop our publications as part of our commitment to continual improvement.

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