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Changes to FIRB New Dwelling Exemption Certificates (for apartment developments)
  • Clayton Utz
  • Australia
  • May 10 2017

Amongst various announcements in last night's Federal Budget, there are changes to the Government's policy on "New Dwelling Exemption Certificates". A


When is a document executed as a deed in fact an agreement?
  • Clayton Utz
  • Australia
  • June 16 2010

When is a document that states that it is "executed as a deed" not, in fact, a deed?


Estoppel: will equity help those with unclean hands?
  • Clayton Utz
  • Australia
  • February 5 2015

Business prudence ordinarily requires that commercial leases be formalised, the terms clearly outlined and agreed between the parties, and any


Evicting a tenant in breach of the lease: what's "reasonable time" to serve the termination notice?
  • Clayton Utz
  • Australia
  • June 6 2013

Landlords who want to re-enter the premises and terminate a lease for a breach of covenant for a non-rent breach generally must serve a breach notice


Nine questions and answers for the new non-resident withholding tax (NRCGTWT)
  • Clayton Utz
  • Australia
  • July 12 2016

The new non-resident withholding tax applies to every contract entered into after 1 July 2016, subject to the three exemptions below. From 1 July


Leasing negotiations: when can a landlord's promise to a tenant give rise to damages?
  • Clayton Utz
  • Australia
  • February 19 2015

Landlord and tenant negotiations can often result in encouragement or assurances being provided to the tenant, even on a casual basis. This recent


Extended limitation period for breach of contract claims for defective building work in Victoria
  • Clayton Utz
  • Australia
  • September 18 2014

Victorian owners now have 10 years from the issue of the occupancy permit in which to bring a claim in contract or tort for defective building work


High Court to reconsider consideration and stamp duty in Lend Lease case
  • Clayton Utz
  • Australia
  • November 7 2014

What constitutes the "consideration for" a transfer of "dutiable property" under stamp duties legislation? The High Court is set to consider this


Are your conditions precedent clear enough?
  • Clayton Utz
  • Australia
  • September 29 2016

Clearly-drafted conditions precedent are important to ensure there is no dispute in the first place as to whether the conditions have been satisfied


Is your industrial tenant a retail tenant?
  • Clayton Utz
  • Australia
  • March 16 2017

A lease of "industrial" premises used for a storage business in an industrial zone has been found to be a retail premises lease subject to the many