BUYING A PROPERTY 

This types of licensingis generally preferred when a business requires a flexible, temporary, or short-term retailing premise. However, it usually imposes greater implications for the tenant such as the amount of rent, outgoings, repairs and maintenance. This type of arrangement is most common for ‘pop-up’ stores and food trucks operating on someone's premises.

These leases are entered into between the lessor (landlord), the lessee (tenant) and sometimes, guarantors providing personal guarantees on behalf of the tenant, for the purposes of the tenant occupying a commercial or an industrial property. Leasing a commercial premise will generally carry with it a series of additional obligations, which each party must be clear on prior to signing the lease. The terms of a commercial or industrial lease will generally change from agreement to agreement and can be impacted by factors such as size of the premises, rent, demand for the premise, and market demand.

These type of leases in NSW are regulated by the Retail Leases Act 1994 (NSW), however each state has its own respective legislation regulating retail leases. Retail leases only apply to premises with a lettable square meterage that is 1000 or less and businesses operating a retail shop business. Unlike commercial leases, retail leases are strictly governed by the Retail Leases Act and carry additional obligations imposed on landlords, such as obligations of disclosure, as well as greater protections for tenants. Schedule 1 of the Retail Leases Act defines what constitutes a retail shop business. If your business is not defined under Schedule 1 then it is unlikely to be a retail lease and you should obtain legal advice for clarity.

Our team can offer a range of assistance on any commercial or retail matter including drafting/reviewing assignment, variation, novation or surrendering of leases; negotiating with and drafting lease agreements; registering leases with the relevant State land titles office (such as NSW Land and Registry Services); understanding and providing advice on duties imposed on landlords and tenants pursuant to the relevant lease; enforcement of lease terms when breached; disputes between landlords and tenants; and subleasing a currently leased premise.

Consult with a financial advisor to understand the implications of your purchase. This includes reviewing the proposed levies and any potential depreciation schedules. Usually with off the plan you will pay 10% deposit upon exchange and the balance paid when completion is complete.

Investigate the developer’s reputation and previous projects. Look for reviews and testimonials from past buyers. Also, check for any proposed infrastructure projects or changs in the area that could impact the property's value.

Have our lawyers review the contract with you. Pay attention to the sunset clause, which outlines the timeframe for completion, and any conditions that may allow the developer to change plans or cancel the contract.

At Innova Legal we offer our clients fixed pricing when buying property. Our professional costs are $1,600.00 for a standard property (house or unit) and $1,800.00 for off the plan.

Evaluate the property’s location concerning amenities such as transport, schools, and shopping. Consider how the area may develop in the future.

Visit display units to get a sense of the quality and layout. Ask detailed questions about materials, finishes, and any potential changes that may occur during construction. These are usually included in the contract so it's important to make sure what they are offering and what is documented in the contract is consistent.

We will arrange a consultation (either in person, over the phone or online) and will guide you through the selling process from beginning to end.

If you have a mortgage over the property, we will liaise with your mortgage lender to arrange the discharge of the mortgage, ensuring that the transfer of ownership is transparent and straightforward.

It is very common for prospective buyers to request amendments to a contract for sale. In such case we will consider every request received and discuss the request with you.

We will prepare the contract for sale for your real estate agent and interested buyers. The contract will include all title documentation, dealings, plan images and zoning certificates as required by law. We will also prepare a set of special conditions which are specific to your sale and favourable to you.

We will arrange settlement of your property ensuring the transfer of title occurs and the balance of settlement funds are received. We will ensure any outstanding rates/levies etc are paid up to and including the settlement date (as required by law) and release the balance of funds to you.

We will acquire all necessary documents including the Foreign Resident Capital Gains Withholding Clearance Certificate and clear Land Tax Certificates, ensuring a seamless transaction.

We will arrange a building and pest inspection reports to give you complete peace of mind when it comes to ensuring the structural soundness of the property and the presence of any pests (including termites).

​Once you are satisfied with the terms of the contract and the condition of the property, we will arrange exchange of contracts which is the step that legally binds the sale. At this point you will need to make payment of the deposit to secure the property and sign the contract if you haven't already done so.

We will handle the collection of all essential legal documents from the seller's representative, including Foreign Resident Capital Gains Withholding Clearance Certificates and clear Land Tax documentation, ensuring a transparent and compliant transaction.

Once you have found the property you wish to purchase you can request a contract from the real estate agent. We will review the contract, negotiate the contract as may be necessary and give you advice on the terms you are agreeing to. If you are purchasing a property via auction it is highly encouraged that you obtain the contract before the auction because if you are the successful buyer you will need to sign the contract at the auction and the contract becomes unconditional at that point which means we cannot negotiate the terms.

If not included in the contract, we can arrange for a survey report which confirms the boundaries of a property, shows the location of structures and improvements in relation to those boundaries, and provides dimensions of the property.

​Once contracts have exchanged, we will conduct exhaustive property searches and enquiries with various government bodies, to uncover whether there are any planned proposals that could affect your property. This includes confirming that the property title is clear (free from any encumbrances or issues) and identify potential issues like outstanding rates, taxes and council notices.

​If you will have an incoming mortgagee, we will also engage with your financial broker to facilitate the smooth processing of all necessary mortgage documents, ensuring you are fully prepared to calculate your future mortgage payments.

​Our team will coordinate the final settlement of your purchase, including the transfer of remaining funds, the adjustment of rates and the transfer of ownership of the property to you. Once settlement is complete we will contact you to collect keys to your new property!

At Innova Legal we offer our clients fixed pricing when buying property. Our professional costs are $1,600.00 for a standard property (house or unit) and $1,800.00 for off the plan.

​If you are purchasing strata title, we streamline the process of inspecting records and obtaining detailed strata reports, ensuring you have all the necessary information about the property's management and maintenance history.

​We guide you through the stamp duty payment process, including any first home buyer grants or concessions applicable to you.

We will arrange the settlement adjustments which is the process of 'splitting' the costs of certain land charges on a property, such as rates, land tax, water charges and body corporate levies. The process ensures that you are not paying for these charges for the periods you did not own the property.

While both are essential tools in estate planning wills, an Enduring Guardianship differs from a Power of Attorney in its scope. An Enduring Power of Attorney is responsible for financial decisions, whereas an Enduring Guardian is appointed to make personal decisions, including funeral arrangements and healthcare choices. This distinction ensures comprehensive coverage in your estate planning wills.

Selecting an enduring guardian is a critical decision. This person should be someone you trust deeply to respect your personal decisions and act in your best interests. They can be a close family member, a friend, or anyone who has the appropriate mental capacity and is over 18 years old. There are some exceptions to who can be your enduring guardian.

Creating an enduring guardianship involves filling out a document which is signed in the presence of an authorised witness. An authorised witness can be: ● An Australian legal practitioner; ● A Registrar of the NSW Local Court; ● An overseas-registered foreign lawyer; or ● An approved employee of NSW Trustee & Guardian. The document must clearly state what decisions the guardian can make and the circumstances in which their authority becomes effective, usually when a person has lost capacity.

Seeking advice from an experienced estate lawyer is crucial in establishing an Enduring Guardianship. Our legal team can guide you through the legal requirements, ensure your document is correctly completed, and advise on complex situations, like appointing multiple guardians or making specific conditions for the guardian’s role so that your wishes are protected.

At Innova Legal we offer fixed pricing on our Enduring Guardianship services starting at just $350.00.

An Enduring Guardian can make various decisions on your behalf. These include: ● Living Arrangements: Determining where the principal will live, which could include choosing between staying at home with support, moving into a care facility, or other living arrangements. ● Health Care: Making decisions about the principal's overall health care, including selecting health care providers and approving or refusing specific types of health care. ● Medical Treatment Consent: Giving or refusing consent for medical treatments, surgeries, or other medical procedures. ● End-of-Life Care: Decisions regarding palliative care, life support, and other end-of-life treatments in accordance with the principal's wishes or advance directives. ● Diet and Personal Care: Managing aspects of the principal’s daily routine, including diet, dress, and personal care. ● Social Activities: Making decisions about the principal's participation in social, cultural, or religious activities. ● Therapy and Rehabilitation: Approving or declining various forms of therapy and rehabilitation services. ● Access to Support Services: Arranging access to support services like home nursing, meal services, or transportation for medical appointments. ● Privacy and Dignity Matters: Ensuring the principal's privacy and dignity are maintained in all aspects of care and living. ● Legal Matters Related to Personal Care: Handling legal issues directly related to the principal's personal care and well-being. ● Advance Health Directives: Following the guidelines outlined in any advance health directives provided by the principal, if applicable. It's important to note that the scope of decisions an Enduring Guardian can make will depend on the terms specified in the Enduring Guardianship document and the laws of the relevant jurisdiction. The principal can specify and limit the powers given to their Enduring Guardian based on their personal preferences and circumstances. For this reason it is important to obtain professional legal advice so that the wishes of the principal are reflected in the Enduring Guardianship document.

Yes, as long as you have the mental capacity, you can revoke or change the appointment of your Enduring Guardian. It's important to review this decision regularly, especially after significant life changes or when the appointed guardian's circumstances change.

Individuals: You can appoint any individual who is at least 18 years of age and has capacity to understand their obligations and responsibilities as an attorney. This person should be someone you trust implicitly as they will have the power to deal with your financial and legal affairs. Trustee Companies: A trustee company can also be appointed as an attorney. This can be beneficial if you have complex financial affairs or if it is not suitable to appointment an individual. NSW Trustee and Guardian: The NSW Trustee and Guardian can be appointed as an attorney, particularly in situations where there is no suitable individual to appoint or if there is a need for an independent and impartial attorney. The NSW Trustee and Guardian will charge a fee for their service. A Lawyer, accountant, or other qualified professionals: You can appoint a qualified professional who has experience in acting as attorney such as a lawyer or an accountant. If you appoint a professional as your attorney, they will charge a fee for their services.

While both are essential tools in estate planning wills, an Enduring Guardianship differs from a Power of Attorney in its scope. An Enduring Power of Attorney is responsible for financial decisions, whereas an Enduring Guardian is appointed to make personal decisions, including funeral arrangements and healthcare choices. This distinction ensures comprehensive coverage in your estate planning wills.

An Attorney has a number of obligations, including but not limited to: ● Keeping the principal's money and property separate from their money and property. ● Keep accurate accounts and records of all dealings with the principal’s money and property. This can help to ensure transparency and accountability ● Not to use the principal’s property or money for their own benefit unless the principal has given their informed consent for this. ● Not to give gifts or confer benefits to others unless expressly authorised by the principal. If authorised, such gifts or benefits must be reasonable in the circumstances, taking into account the principal's finances and the size of their estate. ● Always act in the best interests of the principal. ● Always act honestly in all matters concerning the principal’s financial affairs.

At Innova Legal we offer fixed pricing on our Power of Attorney services starting at just $350.00.

● Make financial decisions on behalf of the principal after their death. The Power of Attorney document ceases to be effective upon the death of the principal and the role as Attorney ends. When the principal dies and they have left a Will, the Will would specify who is to take over the responsibility of managing the finances and property. This person is called the Executor and Trustee. ● Making a Will. An Attorney cannot make or alter a Will on behalf of the principal. It may be possible for an Attorney to make an application to the Court for a Will to be made or amended on behalf of the principal. In this case, the Court would make an Order for what is called a ‘Statutory Will’. However, the Court would only order a ‘Statutory Will’ if it finds that if the person had capacity, they would have made a Will with the same provisions or the same amendments as the ‘Statutory Will’. ● Make decisions about the principal's health care and lifestyle. Decisions made under a Power of Attorney are limited to financial and legal decisions. Decisions concerning health care and lifestyle are generally covered by an Enduring Guardianship. ● Voting. An Attorney cannot vote on behalf of the appointor in elections. ● Consent to Marriage or Divorce. An Attorney cannot consent to a marriage or a divorce on behalf of the appointor. ● Adoption: An Attorney cannot make decisions about the adoption of children.

It is possible that the person whom you appoint to be your Attorney could die before you, lose mental capacity, become bankrupt, resign or otherwise be unable or unwilling to continue to act as your Attorney for the remainder of your lifetime. When this happens, the Power of Attorney document will cease to have effect as there is no one else appointed under the document who can step in to make decisions on your behalf. For this reason, you can also appoint a substitute Attorney to assume this role if your first choice of Attorney is unable or unwilling to act.

The types of decisions that an Attorney can make on your behalf can include, but are not limited to: ● Buying or selling property: Your attorney can buy, sell, lease, mortgage or manage real estate on your behalf. ● Managing financial affairs: This can include operating your bank accounts, paying your bills, investing your money, and managing your taxes. ● Legal matters: Your attorney can represent you in legal proceedings, sign legal documents on your behalf, and make decisions related to some legal issues you may have. ● Business decisions: If you own a business, your attorney can make decisions related to the operation of your business. ● Gifts and donations: Your attorney can make gifts or donations on your behalf, and must be reasonable in the circumstances, taking into account your finances and the size of your estate.

Yes, in NSW you can cancel your Power of Attorney in New South Wales. This process is known as revocation. To revoke a Power of Attorney, you must have mental capacity at the time of revocation. This means you must have sound mind and be able to understand the nature and effect of the revocation. The revocation should be in writing and should clearly state your intention to revoke the Power of Attorney. Once the revocation is in writing, it should be given to the attorney to inform them that they no longer have the authority to act on your behalf. If you do not give notice to the attorney, then they would still be able to continue to use your former Power of Attorney and manage your property and money without your consent. Other relevant third parties must also be notified of the Revocation. For example, if the Attorney was making withdrawals from your bank account, then the bank would have to be aware of the Revocation and that the Attorney is no longer authorised to access your bank account. Likewise, if the Power of Attorney was registered with the NSW Land Registry Services (NSWLRS) for property transactions, then the revocation needs to be registered with the NSWLRS.

Creating a power of attorney involves completing a form and signing it in the presence of a witness over the age of 18. It is important to note that If the power of attorney involves real estate, it may need to be registered with the NSW Land Registry Services (registration fee will apply)

Once an application for probate has been made, the Supreme Court will review the application and, if satisfied with the validity of the will, issues a grant of probate. Once the grant of probate is issued, the executor can then administer the estate by carrying out the affairs of the deceased person, identifying the deceased person’s assets, arranging for their collection, paying any outstanding expenses and liabilities, finding the beneficiaries named in the will, and making sure you comply with all of the legal and taxation requirements. The Supreme Court Rules 1970, Part 78 Rule 16 govern the timeframe for lodging probate. If an application for probate is filed after 6 months from the date of death of the deceased, an explanation must be given to the court accounting for the delay. This can be done by either including an explanation in the affidavit of executor or lodging a separate Affidavit of Delay.

Before making an application with the Supreme Court, you must first publish a "Notice of Intended Application" on the NSW Online Registry at least 14 days before lodging the application with the Supreme Court. Once the 14 days have passed, the executor may file an application with the Supreme Court, including a death certificate, a Will, Codicils (updates to the original Will) and an Estate Inventory (a list of all the assets).

Applying for probate is a complicated legal process with numerous steps requiring expert legal knowledge, including drafting affidavits and lodging notices and documents with the Supreme Court. This can be time consuming or overwhelming for family members to navigate alone, especially in a time of emotional upheaval and turmoil. While anyone can prepare a probate application and lodge it with the relevant Court, most people will engage a lawyer and ensure they do it correctly.

For a Will to be valid, the Will maker must sign it in the presence two witnesses, who must also sign it in the presence of the Will maker. Ideally, the Will maker and witnesses should sign every page and use the same pen.

Our legal team will work with you to make sure that your Will is drafted in accordance with your wishes, kept up to date and valid, even after significant changes in your life (such as divorce, buying or selling a house or re-marrying).

In Australia, there are a different types of wills each serving different purposes and catering to varying estate planning needs: Simple Wills: These are straightforward and uncomplicated, suitable for individuals with relatively simple estates and clear wishes for asset distribution. Joint (or Mutual) Wills: These are made by two people, often couples, on terms that reflect each other's wishes, ensuring a consistent approach to estate planning. Testamentary Trust Wills: A testamentary trust will combines a will with a discretionary trust deed, creating a trust that comes into effect after the will-maker's death. The will specifies the assets to be transferred into the trust, the trustees (who manage the trust and assets), the beneficiaries, and the terms of the trust, including how and when distributions are made. There are two types of Testamentary Trust Wills: Discretionary Trusts: The trustee has discretion in how and when to distribute income and capital to beneficiaries. Protective Trusts: Beneficiaries have less control over the trust and are typically used to protect vulnerable beneficiaries. Statutory Wills: In cases where an individual lacks the legal capacity to make a will, The Succession Act 2006 (NSW) (“Act”) (s18) empowers the Supreme Court of NSW to authorise (or revoke) a will on behalf of a person who lacks testamentary capacity. The Supreme Court may

There is no public registry of Wills in NSW, but a number of private providers offering will registration facilities are in operation. NSW Trustee & Guardian offers a secure storage service for Wills, Power of Attorney and Enduring Guardianship documents called Will Safe.

A person who dies without a Will is said to have died “intestate”. The unfortunate consequence of dying intestate in NSW that the testamentary wishes of the deceased are not considered. In NSW, the assets of the deceased are distributed according to intestacy rules legislated in the Succession Act 2006. When someone dies intestate in NSW, the Supreme Court of New South Wales will provide letters of administration authorising an administrator to distribute the assets of the estate. The deceased’s assets will be distributed principally to any next of kin, usually being the spouse and children of the deceased. If the deceased was married, or in a de facto or domestic relationship at the time of their death, then the spouse will inherit the entire estate (after any liabilities have been discharged). Even when the deceased has children with their current spouse, the spouse still inherits the whole estate. The exception to this rule occurs when the deceased has a spouse and also children from another relationship. In that case, the spouse inherits the deceased’s personal effects, a CPI-adjusted statutory legacy, and half of the remaining estate. The remainder is distributed to the children from another relationship. It should be noted that any property that was held by the deceased in joint tenancy will automatically transfer to the surviving party after their death. This is usually the case for a marital home, which is generally owned jointly by spouses. If a person dies intestate without issue or spouse in NSW, then other relatives may inherit according to a legislated order of succession. First in line to inherit are the parents of the deceased, followed by any siblings, then nephews and nieces, grandparents, uncles and aunts and finally cousins. If no eligible relation is identified, the assets of the deceased estate are inherited by the state. It is a common misconception that young and healthy adults do not need a Will. The sad reality of life is that accidents happen, and lives are taken far too soon. For this reason it is important for anybody with any assets (including property, superannuation and savings) to have a valid will in place.