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Spire Law Blogs & News
Property

Queensland Certificates of Title to become redundant

In March 2019 the Queensland Government passed legislation amending the Land Title Act 1994 (Qld) to make paper certificates of title redundant. This is part of a push towards a totally paperless titling system and the (not so recent) introduction and increased use of electronic conveyancing in Queensland. From 1 October 2019, the Registrar will...
  • June 18, 2019
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Property

Property Developers need to note their GST obligations when acquiring new sites

It’s coming up to nearly a year of the new GST withholding regime, yet property developers still seem to be getting caught out by the (not so) new regime. From 1 July 2018, purchasers of new residential land or potential residential land are required to withhold the GST component of the Purchase Price and remit...
  • May 28, 2019
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Commercial

Some PPSR Securities will expire soon

On 30 January 2019, it will have been 7 years since the commencement of the Personal Property Securities Act 2009 (Cth) on 30 January 2012. Why is this important? It is vitally important if your business registered a seven (7) year security interest on commencement of the Act and that security interest is still current....
  • January 17, 2019
  • 0
Property

Demolition notices… at the tenant’s cost

Retail shop leases in shopping centres and strip malls often include a demolition clause which allows the landlord to terminate the lease early if they decide to demolish the building in which the premises are located. As long as the landlord complies with the Retail Shop Leases Act (‘RSLA’) and gives at least 6 months’...
  • December 4, 2018
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Property

Conveyancing Reform in NSW will affect off-the-plan sales

The Conveyancing Legislation Amendment Bill 2018 was recently introduced into the NSW parliament and proposes changes to the Conveyancing Act 1919 and Real Property Act 1900, particularly in relation to off-the-plan sales contracts. The key change will see greater disclosure obligations on vendor’s and their off-the-plan contracts with a focus on providing greater protections for...
  • December 3, 2018
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Construction

10 things to consider in Build and Supplier Contracts

Recourse to security | Contractors should limit the principal’s recourse to the security to when a debt is due and payable, or preferably, to only when the debt is undisputed.  Whilst the QBCC Act requires notice to be given, ideally the principal should also be required to give a specified period of notice to the...
  • November 29, 2018
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Property

Invalid by-laws

As a property lawyer my team and I see a lot of body corporate by-laws every year. The five most common invalid, unnecessary or unenforceable by-laws that I see are:- Animal restrictions – let’s get the elephant in the room out of the way from the start (pardon the pun). By-laws that are prohibitory in...
  • November 22, 2018
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Property

Have you properly exercised your option to renew?

A recent decision of the Queensland Court of Appeal has stressed the importance of a tenant properly exercising its option to renew a lease and the financial implications of the parties’ post-contractual conduct. What Happened? In Tripple A Pty Ltd v WIN Television Qld Pty Ltd [2018] QCA 246, WIN leased a commercial premises from...
  • October 24, 2018
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Construction

Security clauses in construction contracts – don’t contract out of your rights

Clauses governing the right to call on security can come with a range of consequences and misery. The Story In the case of Saipem v GLNG, Saipem contracted with GLNG to build a pipeline to transmit coal seam gas. GLNG tried its hand at Saipem’s security (being bank guarantees) three times, all three of which...
  • October 15, 2018
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Commercial

Made in Australia…

Food producers and suppliers in Australia would be aware that on 1 July 2016 changes were made to the Australian Consumer Law (the ACL) to introduce Country of Origin Food Labelling Information Standards. As of 1 July 2018 all businesses must now comply with the new labelling standards. Products grown, produced or made in Australia now...
  • July 10, 2018
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