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January 31, 2023 · Mingqiang

When the Landlord Sells the Property During the Lease: How Tenants Can Protect Their Rights

The Australian rental market continues to heat up, and disputes between tenants and landlords may increase accordingly. Under the Residential Tenancies Act 2010 and the Residential Tenancies Regulation 2019, tenants have solid legal grounds to protect their rights throughout the tenancy. Today we look at what rights tenants are entitled to when a landlord sells the property during a fixed-term lease.

January 25, 2023 · Mingqiang

Commercial Lease Near Expiry Without Renewal: What Landlords and Tenants Need to Do

For small business owners, a common issue is that a shop lease is about to expire, but they may not plan to renew — so what should be done next?

January 24, 2023 · Mingqiang

Retail Lease Renewal Options: What You Must Know

When running a retail business in Australia, if you need to lease business premises, you will generally need to enter into a retail lease. Under the Retail Leases Act 1994 (NSW), a retail lease begins when a person starts to occupy a retail shop or begins paying rent as the tenant under the lease. The following focuses on retail leases and the key considerations around renewal options.

January 20, 2023 · Mingqiang

When Buying Property in Australia, Should You Engage a Lawyer or a Conveyancer?

Buying property is a relatively complex matter that requires careful attention. Because the process involves many procedures, even a small oversight can easily lead to losses. For example, in our previous article The Pros and Cons of Buying Off-the-Plan Property in Australia, we mentioned that property contracts typically include a 5% tolerance clause for off-the-plan floor area — meaning the final area of the property is permitted to vary by up to 5% from the area shown in the pre-contract provided to the buyer.

January 20, 2023 · Mingqiang

Caveat — An Effective Tool to Protect Your Property Interests

A Caveat is a legal document used to assert a person's interest in a property. As a formal declaration of interest, a caveat can delay a property transaction and can even freeze the target real estate to prevent any sale that would harm the interest holder's rights.

January 19, 2023 · Mingqiang

How to Distinguish Between Property Ownership and the Right to Occupy

This might sound simple: person A purchases a property in their own name and lives in it without renting it out to anyone else. In that situation, you could say they hold both the property right (ownership) and the right to occupy. But does owning the title to a property always mean you also hold the right to occupy it? Today we take a look at the distinction.

January 18, 2023 · Mingqiang

After divorce, do step-parents have parenting responsibility for the child?

Divorce is a complex process, and among divorce-related issues the care of the children is always the most important. Today we discuss: if one party is the child's step-parent, does that party have parenting responsibility for the child under the law? Must they pay child support? And if that party wishes to see the child or live with the child, what should they do?

January 13, 2023 · Mingqiang

2023 Australia New Benefits Policy Summary! These Changes Take Effect from 1 January 2023!

A new year has arrived. What new benefits does Australia have in 2023? What updates and changes have been made to the various benefits policies? Today we take stock of them — each one is relevant to every friend living in Australia. Note that the benefits policies mentioned in this article all take effect in Australia from 1 January 2023.

January 12, 2023 · Mingqiang

What You Think Is Discipline May Be Abuse — In Australia, Child Abuse Can Lead to PR Cancellation and Deportation!

Recently, social media has been buzzing with the alleged child abuse case involving a certain celebrity. It was reported that while she was caring for the children, they sustained nose injuries and abrasions, and the children's father filed a report and sued for abuse.

December 29, 2022 · Mingqiang

How Is Property Divided After Divorce in Australia?

Beyond the divorce process itself and disputes over child custody, property division is one of the most important issues separating couples in Australia need to consider. Many people hope to secure the maximum property entitlements after divorce, and disputes of all kinds are not uncommon during this process. Drawing on the provisions of Australian law, this article sets out the principles that govern how property is divided after divorce.

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