Szabo & Associates News & Updates

The Latest Conveyancing, Wills & Probate and Business Law news from Szabo & Associates

As a Commercial Landlord On-Selling Gas and Electricity to a Tenant, Are You Sure your Services Charge is Enforceable?

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The National Energy Retail Law (NERL) regulates the sale of gas and electricity, though with variations in different States. A landlord, on-selling power to tenants, have to hold either an authorisation or an exemption under the NERL. These are not necessarily automatic.

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Proving Your Damages Claim in a Construction Project

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113 Hits

A “Man’s House is His Castle” - But Be Sure to Obtain Permission for That New Turret

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The NSW Land and Environment Court has wide-ranging jurisdiction to deal with a variety of disputes involving various diverse parties. One of the areas that give rise to many civil enforcement cases is a failure to obtain necessary planning permission for new buildings as illustrated recently in Sutherland Shire Council v Perdikaris (2019) NSWLEC 149.

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152 Hits

Can You Believe It? Maintaining Your Expert Witness’s Credibility in Development Applications

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Sometimes development application proceedings in the Land and Environment Court will need the support of expert witness evidence. Their evidence, as their Code of Conduct states, is “to assist the court impartially on matters relevant to the area of expertise of the witness”.  However, a recent case illustrates how the very preparation of an application can undermine it by compromising the supporting expert’s credibility.

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171 Hits

Will the Court “Pass Over” a Named Executor in a Will if the Situation Demands it?

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Courts are generally deferential to a Will-makers choice of executor. However, the Court will "pass over" a named executor if it believes there are reasonable grounds to do so. The overarching consideration is whether the conduct of the executor(s) threatens the proper administration of an estate.

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210 Hits

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