News & Blog

Stay up-to-date with interesting perspectives from the team at McCabes.

Court questions the power to order compensation to purchasers of off-the plan contracts for rescission under sunset clauses

Published by Marcus Andrews - Principal
Sep 15, 2017
In a recent case before the NSW Supreme Court (352 Bourke Street Pty Limited as Trustee for 352 Bourke Street Unit Trust v Kerry Gai Rhall), Emmett J was tasked with determining the scope of the nascent “sunset date” provisions introduced in November 2015. While the case ultimately settled prior to judgment, his honour questioned… View Article
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First home owners property changes 2017

Published by Marcus Andrews - Principal
Jun 29, 2017
The NSW Government recently revealed a new housing affordability package in an effort to assist first home buyers entering the market. Central to the new policy are a number of changes to the first home buyer stamp duty concession and grant schemes. The changes, which will come into effect on 1 July 2017, will offer… View Article
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NSW Strata Reforms – Key changes of how it will affect you

Published by Marcus Andrews - Principal
Aug 23, 2016
The state’s major overhaul of the strata laws will finally commence on 30 November 2016 with the introduction of the Strata Schemes Management Act 2015 (the Act), the Strata Schemes Management Regulation 2016 (the Regulations), and the Strata Schemes Development Act 2015 (Development Act). The new provisions aim to address the common issues that have… View Article
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Partition allows developer to escape liability for breach of the statutory warranties under the Home Building Act

Published by Marcus Andrews - Principal
Dec 14, 2015
This article is reproduced edited version of the same article that appeared in the Law Society Journal December 2015 edition. Introduction Under Sections 18C and 18D of the Home Building Act 1989 (NSW) (Act), a person who is the immediate successor in title to a developer who has done residential building work on land is… View Article
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Property Alert – Conveyancing Amendment (Sunset Clauses) Bill 2015 (NSW)

Published by Marcus Andrews - Principal
Nov 16, 2015
The NSW Government has previously announced a public consultation on the use of sunset clauses in off-the-plan contracts. Sunset clauses allow either the buyer or the developer to rescind a contract after a certain date, commonly referred to as the sunset date. Usually, a sunset clause provides that if the project is not completed by… View Article
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