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Trade Secrets

Breaking News: RTA reforms introduced to Parliament

29/11/2023
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Hi Damien The Cook Government introduced a Bill to Parliament this afternoon regarding the planned reforms to the Residential Tenancies Act announced in May. I would like to make it clear that this is an Amendment Bill and the changes are what we have expected and previously communicated. There are many details, such as those regarding modifications, that still have to be prescribed by Regulations and we continue to engage with the Government on these matters. In general, the Bill covers: Banning rent bidding...

New definition of financial year for strata companies

24/10/2023
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As part of the strata reforms that commenced on 1 May 2020 a new definition of financial year for a strata company was inserted in section 3 of the Strata Titles Act 1985 as follows: Financial year for a strata company means – (a) If the scheme by-laws are silent on the matter, the period of 12 months ending on 30 June; or (b) If the scheme by-laws specify a period of 12 months ending on a different date as...

Aboriginal Heritage Act 2021-New laws to take effect from 1 July 2023

26/6/2023
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The implementation of laws with respects to Aboriginal Heritage Act 2021 across WA in the coming weeks has highlighted disclosure concerns for the conveyancing industry which was raised by the AICWA back in 2022 following enquiries from members. The expectation of the Act is that current land owners and prospective buyers will need to carry out their own due diligence to determine their proximity to an Aboriginal heritage site before undertaking certain activities relating to moderate to high ground disturbing...

WA Duplicate Certificate of Title gets expiry date.

10/5/2023
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As advised in CIB 392 on 22 November 2022, Duplicate Certificates of Title (Duplicate Titles) will no longer be used from August 2023. On 7 August 2023, Duplicate Titles will be removed from the land conveyancing process in Western Australia. This is part of the changes made by the Transfer of Land Amendment Act 2022 and aligns WA with ongoing advancements in electronic conveyancing around Australia. Please note that current registration requirements continue to apply for all documents lodged until the changes take effect....

Looking to Buy a house- consider pre-contract Building Inspection before sign on the line

23/3/2023
Written by

Under the current normal Buying a property process in WA, a buyer will sign a contract -also known as an Offer and Acceptance (O&A) to buy a House, Land, or Strata lot, and they may include as a condition their desire for a Building Inspection or Survey done, usually at their own cost, after it goes unconditional. The standard REIWA annexure if included in the negotiation of the O&A allows for a Pre-purchase Building Inspection. However, it is usually limited...

Author, Damien McDonnell

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Damien McDonnell betrothed to my first true love & father to 5 fantastic little persons and one food obsessed beagle.

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