Adding some proof to the theory that good fences may make better neighbours, a dispute over a dividing wall between two ...
Nail in coffin for opportunistic off-the-plan terminations: Feb ’12 LSA amendment unnecessary
The Court of Appeal has finally put to rest any argument about a buyer’s right to contract termination after the expirat...
Court dismisses “unfair” CBA home re-possession action
Australia’s largest bank has been denied re-possession of a Boronia Heights home that it had hoped to sell to cover the ...
Forfeiture of deposit Vs re-sale damages: what to do?
Investors who successfully recovered a $135k deposit as a result of a settlement “no-show” on the sale of their $1.35 mi...
Supreme Court stares down $3.5 quintillion global debt waiver decree
A plea for relief to Queensland’s court of appeal by Currumbin Valley home owners – who failed in their self-repre...
Seller builds time-of-the-essence contest in deposit refund fight
Imprecision in the language used to specify the date for approval of finance and settlement date, was the source of a di...
PAMDA change under way, serious reform still needed
The quaintly named Property Occupations Bill is finally in the public domain with Attorney-General Jarrod Bleijie alread...
Buyer claws back 80% of buy price, seller burnt on earn out
The “earn out” has its origin in private equity deals where the seller commits to a projected earnings level to accommod...
Law clerk walks out on settlement after 5 min delay, seller keeps deposit in no-show
Lawyers skilfully avoid the sudden death consequences of last-minute delays in documentation or showing up late to a set...