Still Breed them Local after 30 Years
Newcastle law firm introduces newly appointed Associate Directors
Mullane & Lindsay has announced the appointment of two new associate directors, both by internal appointment.
Michael McGrath practices in property and commercial law, with a particular emphasis on commercial leasing and on the tax implications of various transactions. Michael has been with the firm for 10 years.
Kristy Nunn works primarily in the area of civil litigation, and has particular expertise in professional indemnity and insurance claims generally. Read the rest of this entry »
Bankruptcy – How Long Does it Last ? Part 2
Robert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial & Property Law team.
Last week, our article informed of circumstances where a term of bankruptcy may be increased from 3 years to 5 years. In some circumstances, the period of bankruptcy can be extended up to 8 years if the bankrupt contravenes any of the following: Read the rest of this entry »
Bankruptcy – How Long Does it Last ? Part 1
Robert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial & Property Law team.
Usually, if an individual becomes bankrupt then the term of the Bankruptcy is 3 years. However, the term of the bankruptcy can be extended to 8 years in total if a Trustee in bankruptcy lodges an objection to the discharge under Section 149B of the Bankruptcy Act 1966. The bankruptcy can be extended up to 5 years if the individual who is bankrupt contravenes any of the following: Read the rest of this entry »
Personal Property Securities Reform
By Michael McGrath
Michael McGrath is an Associate Director at Mullane & Lindsay in Newcastle and specialises in our Commercial, Property & Estates Law Team.
The Personal Property Securities Act is due to commence in early 2012 (“PPSA”). The PPSA creates a national registration scheme for security interests in personal property and replaces the current various ad hoc registers of the various states, territories and commonwealth. The aim of the PPSA is to improve the ability of individuals and businesses to use all their assets to raise capital by streamlining the process of registering security interests in personal property.
Personal property is defined in the PPSA as any form of property other than land. It includes tangibles such as machinery, crops and livestock and intangibles such as licences, intellectual property and contractual rights. A personal property security is defined in the PPSA as an interest in personal property which secures payment or the performance of an obligation. A common example of a personal property security would be a personal loan secured over a motor vehicle (and therefore will replace the REVS register in NSW). Other examples include fixed and floating charges, chattel mortgages, bills of sale, finance leases, consignment (or retention of title agreements) and factoring of book debts. Read the rest of this entry »
Consequences of Negotiating Major Changes to a Contract
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
A recent Supreme Court case from Queensland looked at the consequences of negotiating major changes to a contract, prior to a deal being struck.
Under Queensland law it is a requirement that a “warning statement” be given by a vendor, and signed by the purchaser, before entry into a contract for the purchase of residential property. That occurred in this case. However the vendor then wanted to make some substantial changes to the contract document. These were made, but no new “warning statement” was attached to the amended contract, or signed by the purchaser. Instead, the initial warning statement was simply attached to the new document. Read the rest of this entry »
Guarantors of Family Companies
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
The Queensland Court of Appeal recently considered a case relating to a personal guarantee given by a property developer for his development company. The facts were complex but, briefly, Mr T guarantee borrowings of his company JPL in relation to a property development. There was a default and the lender sued JPL, not only for the principal debt, but also for fees and charges which, the lender said, were payable under the terms of the loan agreement. JPL paid the principal debt, but disputed the fees and charges.A Court held they were payable and JPL was ordered to pay the litigation costs. It did not do so and those costs were assessed in excess of $100,000.00. The lender then sought to recover the litigation costs from Mr T, as guarantor. Read the rest of this entry »
Residential Tenancy Laws Are Changing – Part Two
Robert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial and Property Law Team.
In last week’s article, we commenced examining the key changes under the new residential tenancy laws which will commence on 31 January 2011 with commencement of the Residential Tenancies Act 2010 (“the Act”).
According to the NSW Office of Fair Trading, the key changes under the new residential tenancy laws also include:- Read the rest of this entry »
Residential Tenancy Laws Are Changing – Part One
Robert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial and Property Law Team.
New laws for residential tenancies will commence on 31 January 2011 with commencement of the Residential Tenancies Act 2010 (“the Act”). This is the first revamp of residential tenancy laws in NSW for more than 20 years and implements key reforms affecting both landlords and tenants. Read the rest of this entry »
Regional Relocation Scheme
By Sally Davies
Sally Davies is a Solicitor at Mullane & Lindsay in Newcastle and specialises in our Commercial, Property & Estates Law Team
The NSW Government’s Regional Relocation Scheme commenced on 1 July 2011 and will operate for 4 years.
Under this scheme, purchasers can receive a one-off payment of $7,000 for relocating from their metropolitan home to a regional home. The grant can only be received once, and does not apply to the purchase of vacant land. Read the rest of this entry »
Senior’s Principal Place of Residence Exemption
By Sally Davies
Sally Davies is a Solicitor at Mullane & Lindsay in Newcastle and specialises in our Commercial, Property & Estates Law Team
On 1 July 2011, the NSW Government extended the Seniors Principal Place of Residence Duty Exemption to persons aged 55 years or older (previously 65 years or older).
Seniors who purchase a new home, or who make an off the plan purchase when construction has commenced, may be entitled to a full stamp duty exemption of under the Seniors Principal Place of Residence Duty Exemption under section 87A of the Duties Act 1987. Read the rest of this entry »