These articles explain how the law works in plain words.
Each article shows the date it was reviewed.
They are general information only. They are not legal advice for your situation.
Speak to a solicitor about your own matter.
50 articles
ConveyancingWhat your solicitor does when you buy a property in NSWThe work a solicitor does for a NSW property buyer, from the contract review before you sign to the change of title after settlement.
ConveyancingWhat happens between exchange and settlement in NSWWhat happens in the weeks between exchange and settlement on a NSW purchase: deposit, cooling-off, checks, land tax, adjustments and final inspection.
ConveyancingThe cooling-off period in NSW and when to waive itHow the NSW cooling-off period works for property buyers, what it costs to withdraw, when it does not apply, and when waiving it may make sense.
ConveyancingWhat a 66W certificate is and when a buyer should sign oneA 66W certificate waives a NSW buyer's cooling-off rights. Who must sign it, what must be explained first, and the checks to finish before you give one.
ConveyancingWhat to check in a NSW contract for sale before you signThe parts of a NSW contract for sale to check before you sign: price, deposit, settlement date, inclusions, special conditions and attached documents.
ConveyancingPaying a 5% deposit instead of 10% in NSWThe NSW contract deposit is usually 10%, but a lower amount can be agreed. How a 5% or split deposit works, and what to agree before exchange.
ConveyancingTransfer duty in NSW: when it is paid and who pays itWho pays NSW transfer duty (stamp duty), how the amount is worked out, when it is due, and the exemptions and deferral that may apply.
ConveyancingBuying at auction in NSW: what to do before auction dayAt a NSW auction there is no cooling-off period and the deposit is paid on the spot. What to finish before auction day so you can bid safely.
ConveyancingBuilding and pest inspections and what the contract says about themWhen to get a building and pest inspection in NSW, what the report covers and does not cover, and how timing and the contract affect your rights.
ConveyancingWhat happens on settlement dayHow a NSW property settlement works on the day: the final inspection, electronic settlement, the money, the change of title and the keys.
ConveyancingWhat a seller must attach to the contract before listing in NSWSelling in NSW? The documents the law says must be attached to the contract before your property is marketed, and what happens if one is missing.
ConveyancingSelling a property in NSW from listing to settlementThe steps in a NSW sale, in order: the agency agreement, the contract, exchange, the clearance certificates and settlement day.
ConveyancingPaying out your mortgage when you sellSelling a property with a home loan in NSW? How the mortgage is paid out and discharged at settlement, the fees to ask about, and what to do if the sale price will not cover the loan.
ConveyancingWhat happens if the buyer does not settle on timeThe buyer has missed the settlement date. What a notice to complete is, how long it must give, and what a NSW seller can do if the buyer still does not settle.
ConveyancingFirst home buyer help in NSW: what is available nowThe transfer duty exemption, the $10,000 new home grant and the 5% Deposit Scheme. Who each one is for and how to apply in NSW.
ConveyancingA first home buyer's checklist from offer to keysA step by step checklist for NSW first home buyers, from finance approval and the offer to exchange, settlement and the keys.
ConveyancingSunset clauses in off-the-plan contractsWhat a sunset clause is, when a NSW developer can end an off-the-plan contract, the 28 day notice, and what the Supreme Court looks at.
ConveyancingWhat an off-the-plan seller must give the buyer in NSWThe disclosure statement, draft plan, finishes and by-laws a NSW off-the-plan seller must give, the notices during the build, and the buyer's rights if they are not given.
ConveyancingBuying property in Queensland while living in NSWBuying in Queensland while you live in NSW? The seller disclosure statement, cooling-off, conditions, Queensland transfer duty and settlement, explained.- ConveyancingBuying property in Victoria: the Section 32 statementWhat a Victorian Section 32 vendor statement covers, what it does not cover, when the seller must give it, and your rights if it is wrong.
ConveyancingBuying property in Western Australia: lawyer or settlement agentIn Western Australia, a licensed settlement agent or a lawyer can act on your settlement. What each one is, the rules agents must follow, and how to choose.
ConveyancingCan a NSW lawyer act on a purchase in another stateCan a NSW solicitor act on your purchase in Victoria, Western Australia or Queensland? What the law and the regulators say, state by state.
Property LawWhat an easement is and how one is created in NSWWhat an easement is, how one is created in NSW by agreement, by plan or by court order, and what to check before you buy land with one.
Property LawRestrictive covenants and whether they can be removedWhat a restrictive covenant is in NSW, how it binds future owners, and the ways one can be released, suspended or removed.
Property LawTransferring property to a family member in NSWGifting or selling property to a family member in NSW. How transfer duty, capital gains tax and Centrelink rules treat a family transfer.
Property LawAdding or removing a name on a property titleHow to add or remove an owner on a NSW title, joint tenants and tenants in common, removing a name after a death, and changing your name on title.- Property LawDisputes with a neighbour over a boundary: first stepsThe first steps in a NSW boundary dispute: check the plan, survey, boundary notices, Registrar General determination, and encroaching buildings.
LeasingRetail lease or commercial lease: which law applies in NSWHow to tell if your NSW lease is covered by the Retail Leases Act 1994, which businesses are covered, and what changes if it is.
LeasingWhat a tenant should check before signing a leaseThe terms a business tenant in NSW should check before signing a retail or commercial lease: term, options, rent, outgoings, bond, use and guarantees.
LeasingThe lessor's disclosure statement under the Retail Leases ActWhen a NSW landlord must give a retail lease disclosure statement, what it covers, the tenant's statement, and the tenant's rights if it is wrong.
LeasingAssigning a lease: when a landlord can refuseHow to assign a NSW retail lease, the documents the landlord needs, the 28-day response period, and when a landlord can refuse consent.
LeasingMake good clauses at the end of a leaseWhat a make good clause requires at the end of a NSW business lease, how to limit the cost, and what happens if the cost is disputed.
Business and CommercialBuying a business in NSW: what the contract must coverThe terms a NSW business sale contract should cover: assets, lease, employees, GST, duty, restraint, conditions and checks before you sign.
Business and CommercialWhy business partners need a shareholders agreementWhat a shareholders agreement covers, how it differs from a company constitution, and the questions co-owners should settle before a dispute.
Business and CommercialRecovering a debt in NSW: from demand letter to courtThe steps to recover a debt in NSW: demand letter, which court, statement of claim, judgment, enforcement, statutory demands and time limits.
Business and CommercialContract terms to check before you signThe business contract terms to check before you sign: parties, price and payment, termination, liability, guarantees, and unfair terms.
Wills and EstatesWhat happens if you die without a will in NSWIf you die without a will in NSW, the law decides who receives your estate. Learn the order of family members and who manages the estate.
Wills and EstatesCan you write your own will in NSWYou can write your own will in NSW, but it must meet strict signing and witnessing rules. Learn the rules, the risks and informal wills.
Wills and EstatesPower of attorney and enduring guardianship: the differenceA power of attorney covers money and property. An enduring guardian covers health and lifestyle. Learn the difference in NSW and when each starts.
Wills and EstatesTestamentary trusts and who they suitA testamentary trust is a trust set up by your will. Learn how it works in NSW, who it may suit, and how income paid to children is taxed.
Wills and EstatesWhen to update your willMarriage revokes a will in NSW and divorce changes it. Learn the life events that mean you should review your will and how to change it.
ProbateHow long probate takes in NSWNeither the Supreme Court nor the NSW Government publishes a total time for probate. Learn the steps, the fixed waiting periods and what causes delay.
ProbateWhen probate is not needed in NSWProbate is not always needed in NSW. Learn when joint assets, super and small estates may be dealt with without a grant, and why each holder decides.
ProbateLetters of administration when there is no willWhen someone dies without a will in NSW, a family member applies for letters of administration. Learn who can apply, consents and the steps.
ProbateAn executor's duties, step by stepAn executor collects the assets, pays debts and tax, and distributes the estate under the will. Learn each step in NSW and where executors get caught.
ProbateFamily provision claims: who can make one and the time limitOnly an eligible person under section 57 of the Succession Act can make a family provision claim in NSW, generally within 12 months of death.
Family LawHow to apply for a divorce in AustraliaThe steps to apply for a divorce in Australia: who can apply, the 12 month separation rule, sole or joint applications, service and the hearing.
Family LawTime limits for property settlement after divorceMarried couples have 12 months after a divorce takes effect to apply for property orders. De facto couples have 2 years after separation.
Family LawAre binding financial agreements enforceableA binding financial agreement can be enforced if it meets strict rules. Here is what makes one binding and when a court can set it aside.
Family LawParenting plans and consent orders: the differenceA parenting plan is a signed agreement that a court cannot enforce. Consent orders are court orders that bind both parents. Here is how each works.
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