05 October 2009

Strata common property

The owners corporation can decide by special resolution that it is inappropriate for a particular item to be part of the common property. This decision must not affect the safety or appearance of the strata scheme.
The owners corporation looks after common property and does all the repairs. This includes replacing and renewing common property when needed.
For a checklist of common property see this FairTrading NSW link.


24 September 2009

Retail Tenancy

Retail Tenancy Unit (RTU) is a part of the NSW Department of State and Regional Development. Their site is designed to assist the retail leasing industry in NSW to prevent and resolve tenancy disputes. It also provides useful links to the major retail industry associations.
See the FAQ about retail tenancies deep in their infokit. Many of these answers have been provided by industry advisors and organisations.
However, it is a pity that the FAQ information is wrapped in a large Flash file because you will need an up-to-date Flash viewer to see it and it could take some time to download depending on the speed of your internet connection.

09 September 2009

Help the lawyer do a good job

When giving your lawyer* instructions (the history of your matter) make sure you do these things:
  1. Focus on what you are trying to achieve. (Give full and clear instructions)
  2. Make notes before you meet and bring them to the meeting. (Be prepared)
  3. Show your lawyer any documents which you think might be relevant to the matter. (Be honest and lawful)
  4. Let your lawyer know if you do not understand anything said to you. (Ask questions)
  5. Keep notes of your meeting with your lawyer. (Keep your own case file)
  6. Think carefully about what your lawyer has said to you and make sure that the advice given suits your circumstances.
  7. Trust your lawyer and follow their instructions.
Also let your lawyer know if the circumstances of your matter change, or if your contact details change.
Understand the fees and costs and keep in contact.

Do not hide details for fear of embarrassment it is important to let the lawyer know all the details upfront in order to give you accurate advice.
Remember, your communications with your lawyer are confidential.


* A lawyer in the USA is called a solicitor in the UK.
We are not sure which term is best and like most people in Australia we use either.

19 August 2009

Identification required

There is a fundamental problem of how to verify the identity of a person who claims the right to deal with property.
Customer identification is now a part of every conveyance. As part of this you may need to produce "bank type" information when buying or selling property.
Here is the short guide to what is needed:
And here is a longer version:

See also:

17 May 2009

@luchetti_law on Twitter

Like Mosman Council..
..we are also aware of the changing nature of communication. Our use of Twitter will be influenced by our client's response to it. At the moment we think that people who have the care of an older relative may welcome having this access to our services.

22 April 2009

Property Valuations

Valuations are important for both Council Rates and Land Tax. The Valuation part of the NSW Lands Department has some useful publications.
There are newsletters each January and July which include a review of the key property markets.
The site also has this Fact Sheet; Information about your Notice of Valuation
and these brochures:
Your land value and Your land value review guide

09 March 2009

Mortgage Stress

NSW Legal Aid has a handbook to guide those having problems with their mortgage. It is particularly useful if you can see problems arising in the future. It will help you by explaining the range of options available and also provides sample documents. It also lets you know where you can get further assistance.
Note that the handbook is not designed to help you choose a mortgage and it offers general information, not legal advice.
NSW Legal Aid Mortgage Stress Handbook