Since 2017, the NSW Government has progressively mandated the use of electronic conveyancing (eConveyancing), which is an efficient and secure way of conducting settlement and lodgement transactions within the digital environment. On 11 October 2021, New South Wales will complete its transition to 100% eConveyancing following new mandates by the NSW Government.
In completing this transition, we will see a number of changes to the NSW Land Titles system. We have summarised the changes and the implications for Charity and Not-For-Profit organisations.
Makinson d’Apice is proud to announce that Paul Evans, Indran Sinnadurai and the Estate Planning & Litigation team have been ranked in Doyles’ 2021 listings of leading NSW Wills, Estates & Succession Planning lawyers and law firms, and leading NSW Wills & Estates Litigation lawyers and law firms.
Paul was ranked by Doyles as one of only four Preeminent Wills, Estates & Succession Planning lawyers in NSW.
The Treasury Laws Amendment (2021 Measures No 2) Bill 2021 (Bill) which amends the Income Tax Assessment Act 1997 (ITAA 1997) was passed by both Houses of the Parliament on 2 September 2021 and awaits assent. Schedule 1 of the Bill makes charity registration a precondition for DGR endorsement.
The ACT Government has introduced the Leases (Commercial and Retail) COVID-19 Emergency Response Declaration 2021 (“The Declaration”) which came into effect on 2 September 2021. We have highlighted the key points in our latest article.
The Victorian Government has now published the Commercial Tenancy Relief Scheme Regulations 2021 (“the Regulations”), providing detailed certainty to commercial landlords and tenants as to the rent relief framework announced earlier this month. Although this year’s Regulations share the same principle concepts as the Victorian regulations in 2020 and the Code, much further detail has been inserted to ensure cooperative and transparent conduct between landlords and tenants.
We are really pleased to announce that Nicholas Regener who leads the firm’s specialist Administrative and Public Law team has been ranked in Doyles’ 2021 listing of Leading Administrative and Public Law Lawyers in Australia.
The 2021 listing details lawyers practising in Administrative Law, Public Law, Freedom of Information & Judicial Review matters across all Australian legal markets (only 25 lawyers are listed) who have been identified by clients and peers for their expertise and abilities in these areas.
Electronic execution and split execution of documents is again permitted after The Treasury Laws Amendment (2021 Measures No.1) Bill 2021 (the Bill) passed both houses on 10 August 2021.
The Bill provides that electronic execution and split execution of documents under section 127 of the Corporations Act 2001 (Cth) (Corporations Act) is again permitted. Royal assent was provided on 13 August 2021 and therefore the amendments contained in the Bill came into effect on 14 August 2021.
The NSW Government has announced the Retail and Other Commercial Leases (COVID-19) Amendment Regulation 2021 (Regulation). Previously the NSW Government only provided for a prohibition on evictions as noted in our previous article linked here. The amendment Regulation provides an obligatory framework for landlords’ to provide rent relief to “impacted lessees” by applying similar principles to the 2020 COVID-19 rent relief scheme.
The Regulation has extended the prescribed period in which this framework applies to commence on 13 July 2021 and end on 13 January 2022 (previously 20 August 2021).
The Victorian Government has announced the re-introduction of legislative framework to provide for further rent relief between commercial landlords and tenants in response to the ongoing COVID-19 pandemic. The current scheme expired on 28 March 2021.
We expect new Regulations will be announced shortly and further certainty as to the details of the framework will be provided at the same time. However, we anticipate this scheme will largely mirror the previous COVID-19 relief package. We have summarised the expected details of the new scheme.
Charities are required to file their Annual Information Statements (AIS) with the Australian Charities and Not-for-profits Commission (ACNC) each year. We have summarised the recent changes to Charities’ reporting obligations that you should be aware of.
On 14 July 2021, the NSW Government enacted the Retail and Other Commercial Leases (COVID-19) Regulation 2021 (Regulation) following the announcements of the 2021 COVID-19 NSW Support Package for retail and commercial tenants and landlords.
The Regulation provides clarity on who is an impacted lessee and the prescribed period in which the prohibition on lockouts and evictions on impacted lessees applies (without having first attempted mediation). We note retail and commercial leases are treated in the same manner.
We have summarised the Regulation in our latest Property article.
