Equitable Accounting and Co-Ownership Rights

Parkas v Shankar [2025] NSWSC 1140 (BC202515437) Abstract The New South Wales Supreme Court decision in Parkas v Shankar represents a significant contribution to the jurisprudence surrounding co-ownership of real property and the equitable principles governing contribution claims. This case provides important clarification on the rights of co-owners to recover expenditures for improvements and repairs, […]

Division 296 Superannuation Tax: Critical Changes You Need to Understand

Major Changes Announced – 13 October 2025 UPDATE: On 13 October 2025, the government announced significant amendments to the Better Targeted Superannuation Concessions (BTSC) measure in response to stakeholder feedback. These changes fundamentally address the most serious concerns raised by the superannuation industry, particularly regarding the taxation of unrealised gains. The proposed Division 296 legislation […]

Can You Get Out of a Business Loan by Claiming Fraud?

Corporate Lending Dispute: NSW Supreme Court Reinforces Protection for Lenders Under Corporations Act Overview In a recent decision, the New South Wales Supreme Court provided important guidance on the protection afforded to lenders when dealing with companies, reinforcing that parties can rely on statutory assumptions under the Corporations Act unless they have actual knowledge of […]

Landlord’s Consent to Assignment: NSW Supreme Court Sets Clear Boundaries on Unreasonable Refusal

Recent decision clarifies when landlords overstep in blocking lease assignments A recent New South Wales Supreme Court decision has provided important guidance for commercial tenants seeking to assign their leases, finding that landlords cannot use the consent process to extract collateral advantages or impose unreasonable conditions beyond the lease terms. The Case: Exceed Education v […]

NSW Surcharge Purchaser Duty – A Timely Reminder on Foreign Status Disclosure

NSW Surcharge Purchaser Duty – A Timely Reminder on Foreign Status Disclosure Purchasers of residential-related property in New South Wales must exercise caution when declaring their foreign status. A recent decision by the NSW Civil and Administrative Tribunal on 4 August 2025 highlights the serious consequences of incorrect disclosure. Case Spotlight: Phan v Chief Commissioner […]

Checklist for preparing to sell your home

Checklist for preparing to sell your home   Preparing to sell your house involves careful planning and attention to detail. Here’s CML Lawyers comprehensive checklist to guide you through the process:     1.       Evaluate Your Finances completed Determine how much you owe (if anything) on your current mortgage. ☐ Calculate your estimated equity in […]

Checklist for first home buyers

Buying your first home can be an exciting but daunting process. Here’s CML Lawyers easy to follow checklist tailored for first home buyers to make the buying process as easier as possible: 1.       Financial Assessment completed Calculate your budget: Determine how much you can afford to spend on your first home. Consider factors like your […]

STRATA LAW – Off the Plan Doesn’t Go To Plan

STRATA LAW – Off the Plan Doesn’t Go To Plan   Retail Unit Manifestly different from Plan   Many investors buy “off the plan”. It can be a good way to get in early, but what if it doesn’t all go to plan when it is built?   In 2017, a buyer bought a retail […]