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The content contained in this section of the website is not intended to be legal advice and it should not be relied upod by others as such. No responsibility is accepted by Burt & Hanke Legal and its directors for any errors in the content, including errors arising from omission or negligence. Person seeking legal advice should contact Burt & Hanke Legal for an appointment

news

04

Sep

2016

Change to Sales of Off the Plan Properties in NSW

CATEGORY: Blog

WRITTEN BY:admin-jason

A change to the Conveyancing Act 1919 in New South Wales has established protection for purchasers from developers rescinding off the plan contracts in bad faith. An off the plan contract typically includes a clause that allows the purchaser or developer (the vendor) to rescind (cancel) the contract if a title does not issue for […]

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25

Aug

2016

Middle-Range Drink Driving in NSW

CATEGORY: Blog

WRITTEN BY:admin-jason

A person commits a middle-range prescribed concentration of alcohol offence (commonly known as “mid-range drink driving”) if the person has a reading of between 0.08 and 0.149 inclusive and they: (1)    Drive a motor vehicle; (2)    Occupy the driver’s seat of a motor vehicle and attempt to put the vehicle in motion; or (3)    As […]

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19

Aug

2016

Protection for Small Businesses from Unfair Contract Terms

CATEGORY: Blog

WRITTEN BY:admin-jason

Amendments to the Competition and Consumer Act 2010, will see protections for small businesses from unfair terms in standard form contracts entered into or varied on and from 12 November 2016. Presently, protections in respect to unfair terms in standard form contracts apply only to consumers. The new protections apply to small businesses who are […]

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10

Aug

2016

Low-Range Drink Driving in NSW

CATEGORY: Blog

WRITTEN BY:admin-jason

A person commits a low-range prescribed concentration of alcohol offence (commonly known as “low-range drink driving”) if the person has a reading of between 0.05 and 0.079 inclusive and they: (1)    Drive a motor vehicle; (2)    Occupy the driver’s seat of a motor vehicle and attempt to put the vehicle in motion; or (3)    As […]

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03

Aug

2016

The Implementation of the National Domestic Violence Order Scheme

CATEGORY: Blog

WRITTEN BY:admin-jason

New South Wales was the first State or Territory to take meaningful steps towards the implementation of the National Domestic Violence Order Scheme. The purpose of the Scheme is to afford better protections to victims of domestic violence by eradicating the current issues surrounding the enforceability of domestic violence orders across state and territory boundaries. […]

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21

Jun

2016

Capital Gains Withholding Payments on the Disposal of Real Property

CATEGORY: Uncategorized

WRITTEN BY:admin-jason

On and from 1 July 2016, new laws commence that implement 10% capital gains withholding payments on the sale of taxable property in Australia, which of course includes real property. The purpose of the new laws is to assist the Australian Government in securing payment of capital gains tax from foreign residents. In simple terms, […]

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08

Jul

2015

DRIVER LICENCE SUSPENSION APPEALS NSW

CATEGORY: Blog

WRITTEN BY:admin-tsit

If your driver licence is suspended in New South Wales, then you may be able to appeal to the Local Court of New South Wales to have the suspension period reduced or even overturned.

The following licence suspensions can be appealed:

  1. A decision by the Roads & Maritime Service (RMS) to suspend your licence for exceeding the speed limit by more than 30 km/hour and less than 45 km/hour;
  2. A decision by the RMS to suspend a provisional driver’s licence for loss of demerit points; and
  3. A decision by the Police to suspend your driver licence for exceeding the speed limit by more than 45 km/hour.

Most importantly, you must lodge your appeal within twenty eight (28) days of being served with the notice of suspension.

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06

Jul

2015

CHANGES TO LEGAL COSTS DISCLOSURE

CATEGORY: Blog

WRITTEN BY:admin-ryan

From 1 July 2015, in New South Wales and Victoria, important changes will be implemented to the way in which solicitors will have to disclose legal costs to you.

Where a solicitor proposes to charge $750.00 or less, excluding GST and disbursements, for the completion of legal work, then there is no requirement for the solicitor to make any type of formal costs disclosure.

Where the costs for the legal work are expected to be between $750.00 and $3,000.00, again, excluding GST and disbursements, then the solicitor must make written disclosure of the costs by providing the client with a Uniform Standard Disclosure Form. A Uniform Standard Disclosure Form is a short form of disclosure, generally one to two pages, which sets out the costs to be charged for the legal work.

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