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Rose Bay

New Scheme for Removing Driver Disqualifications

Posted by on Nov 9, 2017 in Litigation News, News |

Under a new scheme in NSW introduced by the Road Transport Amendment (Driver Licence Disqualification) Act 2017, as from 28 October 2017, eligible drivers who have not committed any driving offence during a certain period of time (“offence free period’) may apply to the Local Court to remove an existing disqualification period imposed on them. Who Can Apply? All drivers are eligible to apply provided they have not been convicted of  a driving offence involving death or grievous bodily harm. Grounds to Apply Provided a driver has been free of driving offences for two years before the application to the Local Court and has served at least two years of his current disqualification period then the Court will consider lifting the disqualification. However, if the driver’s disqualification was as a result of a major offence including exceeding the speed limit by more than 30 km per hour or street racing then the offence free period required will be 4 years. What Will the Court Consider? * The safety of the public.   *The applicant’s overall driving record.  *The applicant’s need to travel and the availability of public transport.  *The applicant’s conduct since the disqualification commenced.  *The applicant’s health, finances and any other relevant circumstances. What if the Application is Successful? If the Local Court decided to lift the disqualification it will order on what date that comes into effect. The driver will need to reapply to Roads and Maritime Services for their licence and will need to successfully complete road safety and knowledge tests.    ...

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Contesting an Unfair Will Free Info Session

Posted by on Nov 3, 2017 in Contesting an Unfair Will News, News, Wills & Deceased Estates News |

Have you been left out of a will? Didn’t get your fair share of an estate? Are you an executor and someone is making a claim against the estate? Then attend a free 1 hour information session on Monday, 4 December 2017 and find out everything you need to know and what to do about it from Tony Laumberg, a solicitor with over 30 years’ litigation experience. Here are the details: Venue: Woollahra Golf Club, O’Sullivan Road, Rose Bay Time: 6.00 pm until 7.00 pm on Monday, 4 December 2017 Parking: Plenty in the car park at the end of the long driveway. Metres away from the entrance. During this information session you will find out who can claim, what they can claim and you will be given recent examples of Court cases and the results. You will receive a free guide on the Family Provision claims process and a free summary of every Family Provision case decided by the Supreme Court of NSW in 2017. Places are limited so please ensure your attendance by registering now with Tony Laumberg by calling 9371 7243 or e-mailing him at...

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Changes to Retail Leases Act

Posted by on Jul 3, 2017 in Business Sale & Purchase News, Commercial Agreements & Disputes News, Conveyancing News, Leases News, Litigation News, News |

The Retail Leases Act 1994 applies to most retail shop leases in NSW. Amending legislation, which commenced on 1 July 2017, introduces significant reforms including the following changes: * The requirement that a retail lease must be for a minimum of 5 years has been removed so that there is now no minimum term. * A lessee will now have a right to compensation where the the lessee terminates the lease inside the first 6 months for a failure by the lessor to give the lessee a Lessor’s Disclosure Statement or if the lessor gives one that is incomplete, false or misleading. * A lessor must return a bank guarantee to a lessee within 2 months of the lessee complying with its obligations under the lease. * A retail lease must be registered within 3 months of the executed lease being returned to lessor by the lessee. * A lessee will not be liable to pay a particular outgoing under the lease unless that outgoing was disclosed in the Lessor’s Disclosure Statement. Also, if the lessor had no reasonable basis for a particular outgoing estimate the lessee is only obliged to pay the amount of the estimate and nothing more. * A Lessor’s Disclosure Statement, which has to be provided by the lessor to the lessee 7 days before the lease is entered into, can now be amended if the parties agree in writing rather than the lessor having to issue a new document and the parties having to wait another 7 days. * The monetary jurisdiction of the NSW Civil and Administrative Tribunal with regard to retail lease disputes is increased from $400,000.00 to $750,000.00. * Penalty notices for failure to comply with the Act can now be issued. The main message is that greater care must now be taken to ensure that a Lessor’s Disclosure Statement is accurate otherwise: (a) a lessee may not only be entitled to terminate the lease in the first 6 months but also substantial compensation including the cost of a fit-out and legal fees; and (b) a lessor may not be able to recover all outgoings in full if those referred to in the lease are not disclosed or the estimates are not reasonably based. Compliance with the Retail Leases Act will also be important to avoid receiving a penalty...

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Change to Foreign Resident Capital Gains Tax Withholding

Posted by on Jun 7, 2017 in Conveyancing News, News |

For those of you considering buying or selling real estate in the near future you may be aware that there is a Foreign Resident Capital Gains Withholding (“FRCGW”) which, in the case of real property being sold for a price of $2m or more, requires the purchaser to withhold 10% of the purchase price from the vendor (whether he or she is a foreign resident or not) and to submit this sum to the Australian Tax Office on account of possible capital gains tax liability UNLESS a clearance certificate  from the ATO is provided to the purchaser by the vendor before settlement. The big news is that as from 1 July 2017 (subject to Commonwealth legislation passing beforehand) the FRCGW will apply to the sale of real estate where the price is $750,000 or more (basically everything in Sydney!) and the withholding amount will be at the rate of...

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New Strata Laws

Posted by on Nov 1, 2016 in Conveyancing News, News |

On 30 November 2016 new laws (the Strata Schemes Development Act 2015 and the Strata Schemes Management Act 2015) affecting strata schemes in NSW will commence. Some of the changes include: 1. The executive committee will be known as the strata committee; 2. The sinking fund will be known as the capital works fund; 3. The owners corporation can defer its obligation to maintain and repair common property if it is has taken action against another party who caused the damage until the completion of that action provided safety is not affected; 4. The owners corporation can arrange for local Council parking officers to come onto common property and fine people for parking contrary to signs and notices; 5. Owners will be allowed to make cosmetic changes to their lots without approval such as installing picture hooks, painting, laying carpet, installing built-in wardrobes or blinds and curtains; 6. Owners will be allowed to carry out minor renovations to their lots with the approval of the owners corporation at a general meeting but without the need for a special resolution. Minor renovations will include renovating a kitchen, installing wood or other hard floors, installing wiring or cabling and reconfiguring walls; and 7. A strata renewal process has been introduced by which 75% of lot owners can approve a strata renewal plan for redevelopment of the strata parcel. The plan has to be approved by the Land and Environment...

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New Laws to Stop Agents Underquoting

Posted by on Feb 4, 2016 in Conveyancing News, News |

From 1 January 2016 changes to the Property , Stock and Business Agents Act 2002 commenced so as to prohibit real estate agents from engaging in underquoting i.e. when an agent intentionally understates the estimated selling price of a property which can result in potential buyers wasting time on inspections and money on property reports and legal fees. The new changes, which apply to residential property only, include the following: With respect to vendors 1. In an agency agreement with the vendor the agent must include an estimate of the likely selling price which may be a single figure or a price range provided there is only a 10% difference between the highest and lowest prices; 2. An agent is also required to ensure the estimated selling price remains reasonable and must revise it if it ceases to be reasonable; and 3. At the time of providing an estimated selling price or a revised one an agent must provide the vendor with evidence to support the price estimate; With respect to purchasers 1. An agent is prohibited from publishing an advertisement regarding the sale of a property indicating or suggesting a price less than the estimated selling price given to the vendor; 2. Also, an agent must not use phrases such as “offers above” or “offers over” a certain price or similar symbols or words like “ +”; 3. The definition of publishing an advertisement includes inserting an advertisement in any newspaper, publicly exhibiting an advertisement in view of persons passing by, delivering the advertisement by way of document sent to any person, showing the advertisement on a website or sending the advertisement by e-mail; and 4. A real estate agent is prohibited from making a statement, while marketing a property, representing to potential buyers that a property is likely to be sold for a price less than the estimated selling price given to the vendor. In such a case, the agent can be ordered to forfeit part or the whole of the commission earned. Any breach of the above requirements is an offence carrying a penalty up to $22,000.00. February...

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