Insights Sectors: Property

May 3, 2024

INSIGHT: Privacy Awareness Week 2024 | Understanding transparency, accountability and security

Privacy Awareness Week (PAW) 2024 is an annual campaign led by the Australian privacy regulator, the Office of the Australian Information Commissioner (OAIC). PAW seeks to promote and raise awareness of the importance of protecting personal information. The focus of this year’s PAW campaign is on privacy and technology; specifically the principles of transparency, accountability, […]

Oct 9, 2023

INSIGHT: Cyber Security Awareness Month – Are you cyber aware?

October is Cyber Security Awareness Month (CSAM). CSAM is an annual reminder for Australians to stay safe online and protect your online information and assets. The theme for CSAM 2023 is ‘be cyber aware – don’t compromise’. CSAM is an opportunity for businesses to review their understanding of ‘cyber security’ as a concept while continuing […]

Jul 28, 2023

INSIGHT: “Property Damage” – Sounds Simple, Right?

At its simplest, a liability policy provides cover to an insured, whose acts and/or omissions cause property damage and/or personal injury to a third party. In many claims, determining whether there has been property damage will require nothing more than a cursory review of the allegations. In others, the enquiry can be far more complicated, as […]

Feb 22, 2023

INSIGHT: A change of heart on indemnity | a landmark High Court decision for insurers

Allianz Australia Insurance Limited v Delor Vue Apartments CTS 39788 [2022] HCA 38 Key takeaways The High Court has provided important guidance regarding the circumstances in which an insurer can depart from earlier representations made regarding the availability of cover. The duty of utmost good faith does not always prevent an insurer from retracting an […]

Jan 21, 2021

INSIGHT: In accommodation settings, does ‘slippery when wet’ mean liable?

Nikolich v Webb [2020] WASCA 169 (21 October 2020) Key takeaways Due to the operation of s 50 of the Civil Liability Act 2002 (WA), there is no duty to warn of an obvious risk. The risk of slipping and falling on a wet bathroom floor where the floor is not uniquely slippery, is an […]

Apr 9, 2020

INSIGHT: National Code of Conduct for SME Commercial Leases during COVID-19

On Tuesday 7 April 2020, the National Cabinet agreed upon a mandatory rent relief code of conduct for commercial leases (the Code) to be legislated by state and territory governments. The Code provides a framework for landlords and tenants to negotiate individual arrangements based on the effects of the COVID-19 pandemic. The Code will have […]

May 30, 2019

INSIGHT: Important information for property developers in Victoria: State Taxation Acts Amendment Bill 2019

The State Taxation Acts Amendment Bill 2019 was introduced into the Victorian Parliament this week and was passed by the Lower House. Importantly for property developers, the Bill contains changes that will significantly broaden the scope of the ‘economic entitlement’ provisions of the Victorian Duties Act 2000 meaning that many property development arrangements that are […]

Jul 18, 2018

INSIGHT: The duty of care requirement – not to be taken for granted

Bettergrow Pty Limited v NSW Electricity Networks Operations Pty Ltd as trustee for NSW Electricity Networks Operations Trust t/as TransGrid (No 2) [2018] NSWSC 514[i] The recent New South Wales Supreme Court decision (Ball J) in Bettergrow v TransGrid (No 2) provides useful guidance on how the established elements of negligence should be applied in […]

May 14, 2018

INSIGHT: Assigning your Commercial or Retail Lease

Premises are one of the most expensive outlays of any business, however do you understand your lease? As the tenant, dealing with any landlord is often a David vs Goliath affair, especially in a major business transaction such as selling your business and assigning your lease.  A very costly but common scenario is one where […]

Feb 8, 2018

INSIGHT: Meridian Lawyers bolsters its property and commercial leasing practice in Sydney

Meridian Lawyers announced this week that it has appointed Penny Evans as a Principal to the firm’s Sydney property and commercial practice. Penny joins Meridian from Tresscox where she spent 22 years as a Partner in the property practice. She will be accompanied by lawyers Zile Yu and Annelise Morgan. In addition Laura Forsyth, Special Counsel will re-join Penny’s team having been […]

Jul 30, 2017

INSIGHT: NSW landlords and tenants affected by changes to the Retail Leases Act

Recent amendments to the Retail Leases Act 1994 (NSW) (RL Act) will affect both landlords and tenants of retail premises. Under the Retail Leases Amendment (Review) Act 2017 (NSW) (Amending Act) various changes will apply to retail shop leases, the rights and obligations of retail landlords and tenants, leasing processes and dispute resolution procedure. Generally […]