29 Feb 2024
Court says coal mines can be approved without considering climate change
In a significant legal blow to environmentalists, in 2023 the Federal Court ruled that the federal environment minister does not have to consider climate change when approving coal mines. Environmental group claims minister did not consider climate change The Environment Council of Central Queensland (ECoCeQ) mounted a legal challenge to minister Tanya Plibersek’s assessment of […]
Read the full story24 Jan 2024
“Is it legal for me to pump water from the river?” – laws governing water use in NSW
Water security challenges loom as groundwater and river systems under threat Australia is a dry continent, and it is only getting drier. The country’s largest river and groundwater systems are under threat. As competing interests assert their right to water access, it is important to understand the laws governing water use. Regional towns and industries […]
Read the full story30 Nov 2023
How an emoji can land you in court
We often add an emoji to our emails and text messages to bring a bit of levity to otherwise dull communications, but beware – icons such as the thumbs up, smiley face or gun could land you in trouble with the law. Legal impact of using emojis An emoji is an image used in texting […]
Read the full story19 Oct 2023
Trouble at the bank of mum and dad – the horror story edition on family loans
Unaffordable housing leads to reliance on bank of mum and dad As Australia continues to rank among the least affordable markets for housing globally, it is becoming increasingly difficult for young people and other aspiring first-home owners to buy a property. Consequently, the “bank of mum and dad” is as popular as ever. However, there […]
Read the full story03 May 2023
Electronic signature needs to be seen when signing
Electronic signing of documents grew enormously during the Covid lockdowns, but now questions have been raised about how an electronic signature, created with the press of a button, is properly witnessed under law. What is an electronic signature? Software such as DocuSign can be used to add a signature to a document electronically by pressing […]
Read the full story30 Mar 2023
“Rights of nature” redefining humanity’s place in the natural world
The looming climate catastrophe has engendered the “Rights of Nature” movement, which strives to redefine the relationship between humanity and the world we inhabit. The natural world is arguably recognised as a living entity with legal “personhood” and the same rights as humans to be protected, survive and thrive. Climate change and ecological deterioration Chances […]
Read the full story22 Feb 2023
Smoking on balconies and the law
Smoking on balconies is the cause of many apartment block disputes. Recently a non-smoking couple took their downstairs neighbours to court to prevent them from smoking on the balcony below. After a protracted dispute, the non-smokers won. Complaint that smoking on balconies affects health and wellbeing A Kingscliff couple took their smoking neighbours who lived […]
Read the full story01 Dec 2022
How much can the landlord raise the rent?
With inflation pushing up interest rates and mortgage costs, many tenants are anxious that their landlord wants to raise the rent. It’s important for both landlords and tenants to know the law regarding rental increases. When can a landlord raise the rent? The landlord can’t raise the rent for tenants who are on a fixed-term […]
Read the full story01 Nov 2022
Bad short-term renters and hosts in NSW can now go on Exclusion Register
There is good news for neighbours of rowdy, poorly managed short-term rental accommodation in NSW, with a new Exclusion Register to prevent guests and hosts with two serious breaches of the Code of Conduct in a two-year period, from participating in the industry. What is the Exclusion Register? Since August 2022, bad renters and bad […]
Read the full story06 Oct 2022
Selling a property in NSW – the buyer, the seller, the lawyer and the real estate agent
Selling a property, or buying one, usually involves a buyer (purchaser), a seller (vendor), a lawyer (solicitor) or conveyancer, and a real estate agent. Each of these people has a role to play for the transaction to be completed smoothly, without unnecessary drama or grief. Problems can often arise when one of these people underestimates […]
Read the full story14 Sep 2022
What you should know when buying vacant land “off the plan”
Many people dream of finding some vacant land and building a special home on it. But just as with buying an apartment “off the plan” in a yet-to-be-built apartment block, there are many factors to take into consideration and potential pitfalls to be aware of. What does it mean to buy vacant land off the […]
Read the full story18 Aug 2022
The law on trees blocking the sun
The greenery in my neighbour’s yard keeps getting bigger and bigger – now there are trees blocking the sun from reaching my garden and patio. My flowers are suffering and I can’t enjoy sitting in the sun at home any more. On top of that, the neighbour’s hedge has grown so high it blocks the […]
Read the full story21 Jul 2022
Can you rescind a contract for the sale of land due to mental illness?
by Anneka Frayne and Talitha Fishburn As the incidence of mental illness and the awareness of it continue to grow, there is an increasing likelihood of one or the other party wanting to rescind a contract for the sale of land due to mental illness. What does it mean to rescind a contract? With property […]
Read the full story24 Feb 2022
Checklist for real estate agents – dealing with a lawyer or conveyancer on a residential property sale in NSW
For a residential property sale to go as smoothly as possible for all parties, it is helpful for real estate agents to provide complete and accurate information to the lawyer (solicitor) or conveyancer who is handling the transaction. This article outlines some of these items. Sales process for residential property There is a normal sales […]
Read the full story25 Nov 2021
Who has to pay for repairs? The landlord or the tenant?
Working out who has to pay for repairs on a property may not always be straightforward. There are legal obligations on both parties – the tenant and the landlord – regarding the upkeep and repair of a property. However, it can still sometimes be ambiguous. Residential leases vs commercial leases Responsibility for paying for repairs […]
Read the full story24 Nov 2021
Landmark judgement over right to keep pets in apartments
A court battle over whether a miniature schnauzer called Angus can live in a Sydney unit with his owner has set a legal precedent for residents who wish to live with their pets in apartments. For five years, Jo Cooper tried to convince the owners corporation of the luxury Horizon high rise building to allow […]
Read the full story12 Nov 2021
Quantum computing, encryption and the law
Terrifying implications for future of warfare In September 2021 the Sydney Morning Herald published an article on quantum computing, quantum physics and artificial intelligence: Quantum sensors, sea drones and hypersonic missiles: what are the new frontiers of war? The article dealt primarily with the weaponisation of the early phases of the quantum revolution, especially the […]
Read the full story10 Nov 2021
Release of deposit clause in property sale contracts
If you are selling or buying residential or commercial property in New South Wales, it is likely you will come across a release of deposit clause. What does this clause mean? And what risks does it present for the purchaser? What is a release of deposit clause? Generally, when a party enters into a contract […]
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