Ciparis Law

03/05/2024

14/09/2022

Today’s post is a bit more courageous and not so legal orientated as usual.

This post is not intended to offend or upset anyone, but if it does, I sincerely apologise upfront.

Last Thursday we had a R U O K day, September and October are usually the months that we talk about and raise awareness on mental health issues and participate in or create a number of initiatives to do so.

And whilst all of these are great initiatives, how about I encourage and challenge all managers, partners, CEOs and other leading positions to spend at least a few minutes every week to think as to whether you have done enough over the last year to support, mentor and look after your managed team members, whether you had spent enough time checking in with them and having those crucial open conversations, not about work or tasks, but about life and challenges they are facing. And! More importantly – whether you spent the time to share your hard moments with your team members to show that “Bosses” struggle sometimes too… and that it doesn’t make them bad lawyers, specialists or bad bosses, it just makes them humans.

Not through policies or training, but, simply, as human to human, heart to heart, soul to soul… sincerely, truly and openly…

If you haven't, shall we start this September?

06/09/2022

Just a quick and short update on the new Conveyancing (Sale of Land) Regulations 2022 discussed last week.

The Regulation commencd on 1 September 2022, but includes a 6-month transitional period. "From 1 September until 28 February 2023, anything done in connection with a contract that complies with the Conveyancing (Sale of Land) Regulation 2017 will be taken to comply with the 2022 Regulation. This transitional provision will assist in circumstances where contracts that have been prepared before 1 September 2022 are not exchanged until shortly after the new Regulation commences."

Watch this space for further updates or contact Ciparis Law for the advice on your particular situation.

Thank you!

31/08/2022

New Conveyancing (Sale of Land) Regulations

As discussed earlier this week, current Conveyancing (Sale of Land) Regulations are coming to an end today and the new Regulations are being introduced instead.

Today we are only commenting on the changes that have been proposed, however, an update on the final version of the Regulations will be provided shortly too.

There were not many changes proposed to the Regulations and it seems that current Regulations are just being re-introduced with minor clarifications which are as follows:

1. The prescribed documents and warranties have been updated to clarify wording and remove outdated legislative references, but no new disclosure items were introduced.

2. One of the changes is a response to Gavancorp decision, in which the Court separated put options from call options and said that "option to purchase property" does not cover the put options when talking about exemptions to colling-off rights available to Purchasers. The new Regulations now propose to address this issue by confirming that a contract arising from an option to compel a purchase is not subject to the cooling off period.

3. New Regulations proposed to clarify the issue with the application of exemptions from the vendor’s disclosure and warranties obligations to contracts arising from the exercise of the option. Current Regulations worked in a way that implied terms relating to matters relevant to the purchaser's obligation to complete the contract (such as service of a current land tax certificate) were also caught by the same exemption. New Regulations are now making clear that these contracts remain subject to implied terms.

Whilst the changes are not considered being major, but they are most definitely are important to be noted. If you have any questions of what the above changes mean to your situation – call Ciparis Law now and we will be able to discuss the same with you in more detail!

Thank you!

* BP7 Pty Ltd v Gavancorp Pty Ltd [2021] NSWSC 265

30/08/2022

New Conveyancing (Sale of Land) Regulations 2022 are to replace the existing ones that will end on 1 September 2022.

Watch this space for more updates shortly!

23/08/2022

Buying your new home? Why you shouldn’t book removalists for the day of the settlement?

You have finally found your new home, possibly won the auction and have your finance approved – we understand your excitement and the wish to get the keys from your new home and move in as soon as possible.

However, since, normally, the completion date noted on the front page of the contract (and possibly notified to you by your solicitor/conveyancer as a settlement date) is not the “time of the essence”, more often than it should, the settlement does not happen on that “initial” completion date*.

Imagine now that you have ended your lease, booked your removalists, paid the deposit for the same, they are now standing in front of your new home waiting to get authority to unload and you receive a call/email/message saying that the settlement did not occur. Without mentioning the money and the time wasted, we are always thinking of how much stress and anxiety this situation creates.

Some would suggest asking the vendor to allow the purchaser to take possession before the matter is settled, however, it is not only too risky for the vendor but also for you as a purchaser. Signing the contract does not give you or guarantee any ownership rights towards the property and you become a new owner of your new home only after the settlement is completed.

Imagine a situation where the vendor allowed you to move in before the matter is completed (very rare occasions and usually subject to additional securities being provided by you to the vendor) and the matter does not complete at all. You are now not only required to move out from the property, but also make sure you return it in the same condition as you took it, make good any damage made and reinstate any alterations done to the property. All of which in one circumstances can look as “not such a big deal” whilst in other – can create quite a room for arguments and conflicts.

This is a risk management that we at Ciparis Law always think about and advise you on. At the end, it is always your decision as to whether to take the risk or not. We just make sure that you make a well informed and legally calculated decision.

Thank you!

*completion date, usually, becomes “time of the essence” when, after the settlement does not happen on the initial completion date, the notice to complete is issued noting the new completion date.

Ciparis Law notes that the above article is written by analysing usual scenarios in the industry. However, every matter is different and the appropriate advice can only be given after reviewing the relevant documentation and assessing all circumstances of a particular matter.

17/08/2022

When you secret dreams come true..

Settling on the Coast allows me to travel to clients' offices by ferry.. Australia IS a beautiful country!

Have a great day everyone!

P.S. winter still discourages me to go outside on the deck to take better pictures, sorry :)

15/08/2022

Commercial Tenant – why do you need a lawyer?

Yes, we understand that you are businessman or a businesswoman and know how to make “your deals”, but we are pretty sure we can save you time and money in the event anything goes wrong.

Not many tenants know that signing the Heads of Agreement (HOA) or Letter of Offer for lease not only does not guarantee you “a deal” but also does not guarantee that whatever you have agreed in the HOA will be transferred onto and properly covered in the lease.

Whilst we are not saying that whoever prepares the lease documentation is deliberately changing the agreement reached in the HOA, but mistakes do happen. Moreover, the HOA does not cover all terms and conditions that will appear in the final lease documentation and some of those terms may still be as much or even more important than the rent you are paying or the term of your lease.

Retail tenants are widely protected by the Retail Leases Act (Act), and whilst such things as structural repairs are not the responsibility of the tenant* under the Act, for commercial offices and industrial tenants it could be a completely different story.

Finally, not many also know that almost every HOA will have an expressed term saying something along the lines that the HOA is not a binding agreement (even if signed by both parties) until and/or unless the formal lease documentation is signed by both parties. And even then, arguably, once the lease is signed, given it is signed after the HOA, the terms and conditions of the lease documents will apply over the terms and conditions of the HOA, especially where a clause in the lease specifically states the same.

Of course, by saying arguably, I mean that in the event of a dispute a lawyer may help you argue differently, but why send thousands or even hundreds of thousands of dollars on dispute resolution whilst you could prevent the same from the very beginning?

Call Ciparis Law today and we will make sure your next lease covers what it needs to cover!

Thank you!

* with some exceptions

11/08/2022

So excited to share that I am joining Diverse Women in Law as a Portfolio Manager for Social Justice, Government and Advocacy.

Can't wait to start working on a few incredible initiatives and bring my own energy and effort towards representing and making a difference for diverse women in Legal Profession!

09/08/2022

What a great Saturday night!

Thank you LPAB Student Society for the opportunity and a special thank you to Inma and Suk for organising and curating the event!

It was a great honour to speak alongside such distinguished Alumni!

Such a nostalgic feeling to come back to Sydney University and see so many passionate eyes keen to make a difference in Legal Profession and the World in general.

Hope to see you all again very soon!