property law updates

QLS gratefully acknowledges the assistance of its Property and Development Law Committee in preparing this material. What agencies can I use for e-settlements? LI's live corporate league tables have currently captured 1240 deals for the Financial Year (March-end). Webinar: Residential property law update 2020 (OnDemand) This webinar updates busy conveyancers on topical issues, changing practice and the impact of case law. This contribution is based on commercial property law and practice in England & Wales and generally. The regulation is intended to provide relief to parties to an “affected lease” by way of a number of measures, including guiding rent reduction negotiations, providing a moratorium on evictions for non-payment and access to a dispute resolution process specifically designed for small business tenancy disputes and affected lease disputes. Practical Law Property covers topics including Conveying, Dealing with leasehold land, Development, Finance and security, Energy and sustainability, Regulatory compliance The definition of Delay Event does not specifically refer to a pandemic event; The reference to an ‘act of nature’ may be construed by a court in the context of the other words ‘’tsunami, flood, cyclone earthquake, bushfire” as referring to some other form of natural disaster. For a buyer this will be the payment of the balance purchase price on the day of settlement between 9am and 5pm and for a seller the delivery of the documents in clause 5.3(1) and vacant possession. Since seller is absolute owner of property so he can execute sale deed without consent of his sons,daughters grand children ( 2 ) you need not to get seller legal heirs and dependents sign on sale deed as seller is absolute owner of property. Currently 2 approved service providers offer eConveyancing subscription services and practitioners should contact the providers for further information on how to subscribe and the transactions available: Practitioners wishing to use electronic settlements must register their trust account with QLS. [28 May 2020] The Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 was made and notified on 28 May 2020. Usually force majeure provisions are construed strictly. Practitioners are encouraged to subscribe to the Titles Registry Alerts here, for the most up to date announcements from the Registry. Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020, ‘National Cabinet mandatory code of conduct—SME commercial leasing principles during COVID-19’, Office of the Small Business Commissioner, QLS Courts, Commissions, Tribunals, Titles and Property, GST at settlement - a guide for suppliers and their representatives, GST at settlement - a guide for purchasers and their representatives, Q&As - Temporary changes to foreign investment framework, Treasurer’s media release of 29 March 2020, Titles Registry Alert No. The Titles Office continues to receive documents. Webinar: updates to the Conveyancing Quality Scheme (OnDemand) With a large number of regulations and clauses in the lease, it … “Easy to use drop-down menu that provides for easy research”. For further background information regarding these changes, see page 2 of the Explanatory Notes to the Act. the position held (e.g. [5 May 2020] The Treasurer, Josh Frydenberg, has made a determination under section 1362A of the Corporations Act 2001 modifying the operation of provisions of the Corporations Act 2001, the Corporations Regulations 2001 and other specified rules. Drop Box Lodgement Agreement Example.pdf. In the absence of any of these documents, a detailed written description of processes and procedures as they relate to the obligations of a transfer duty self assessor will be considered; the types of transactions that the applicant intends to lodge, in the ordinary course of business, with reference to this, confirmation as to whether the applicant would like to restrict registration to only those transactions identified by the applicant that they will process in the ordinary course of business (that is, those items selected from the list referred to in item (5) above); and. Existing eLodgment and eConveyancing lodgement channels remain unchanged and are continuing to operate on a business-as-usual basis. It appears that the changes will mean that owners will be required to consider rent concessions for smaller businesses where COVID-19 has had a material impact on turnover. More testimonials. Visit Lexon’s Covid-19 webpage to locate this material. Summaries of the changes can be found on the QLS Courts, Commissions, Tribunals, Titles and Property page and the full details can be found on the QCAT website. 3 does not apply to Urgent Minor Civil Dispute Tenancy Matters to which the Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 applies. Further information regarding the Small Business Commissioner specifically can also be found in this Queensland Government media release (Thursday 23 April 2020). Practitioners are reminded that they can become a registered self-assessor with the Office of State Revenue. On 30 March 2020, the ABA announced that Australia’s banks will extend the six month deferral of loans to businesses with total business loan facilities of up to $10 million (up from the $3 million small business threshold). What is an easement? See Titles Registry Alert No. Please find below links for Drop Box lodgement instructions: All property and title searches continue to be available online, over the phone and via email. These alternative witnessing provisions “Effect of COVID-19 on the witnessing of Land Title Act, Land Act and Water Act Titles Registry instruments - New options for witnessing from 6 April 2020 until further notice” can be found here. Will there be a standard “special condition" for the REIQ contracts? The Titles Registry has issued "Titles Registry Alert 165 “Update - Novel coronavirus (COVID - 19) - continuity of service” as follows: Effective from Tuesday 31 March 2020, Department of Natural Resources, Mines and Energy business centre counters are closed. 167 - Witnessing provisions during COVID-19 (3 April 2020). Further information about the registration process is available here. Lodgement of documents can be done through the post – we recommend by express post so that you are able to track its progress. Thanks to the staff at Property Law Service for your help. This information will be available online. The Alert also discusses aspects to be mindful of when drafting or reviewing conditions attached to contracts and considering limitation dates that may need to be extended as a result of the pandemic. Read more here. Subletting, sharing possession or occupation, Misrepresentation and answers to enquiries, Other miscellaneous points on adverse possession, New lease terms (other than rent and duration), The online resource for property lawyers brought to you b. The ATO has provided the following update about GST at settlement procedures during COVID-19 for buying or selling new residential property or land: purchasers must continue to lodge GST at settlement forms, withhold and pay the required withholding amount at settlement [29 March 2020] The threshold amounts which apply in determining whether particular foreign investments made on or after 10:30 pm (AEST) Sunday, 29 March 2020 are subject to Australia’s foreign investment framework are now $0, following the Treasurer’s announcement. "Far more reliable than using a search engine." This includes understanding the consequences of the current directives issued by Government on social distancing and other health protection measures. The intention is, where possible, to continue to provide Titles Registry services within the context of government directives. This follows an application by Shopping Centre Council of Australia Limited (SCCA) and Scentre Group. Practitioners are reminded that where there are concerns or difficulties about physical attendance, the Business Queensland page, published by the Qld Government, offers information about the following options. Further resources can be found on the Residential Rental Hub online. The purpose of Practice Direction No. ARNECC (Australian Registrars National Electronic Conveyancing Council) has published the notice “Client Authorisation and verification of identity as a result of COVID-19”. Director, Principal, etc) by the person making the application on behalf of the applicant; confirmation that the person making the application has the authority to make the application on behalf of the applicant; confirmation that the person making the application has read and understood the obligations of transfer duty self assessors (. On Tuesday [31 March 2020], over 90% of all lodgements came through one of these two channels, and the documents were processed within our usual client service standards. You can read more about the emergency legislation on the QLS First Reading blog, On Friday April 24, the Government also released the, More information about the release of the Practice Guide can be found in, For further background information regarding these changes, see page 2 of the, commercial and retail tenants to be protected from evictions, to be underpinned by new laws, a three-month rebate of land tax for 2019-20, followed by a three month deferral of land tax 2020-21 for property owners who agree to provide rent relief for tenants affected by the coronavirus downturn (further eligibility criteria apply) – from 14 April 2020, you can apply for land tax relief by going to qld.gov.au/landtax, the freeze on evictions as announced in the National Cabinet decision, to be, for landlords and tenants who can’t reach agreement, there will be compulsory conciliation for COVID-19  related disputes between tenants and landlords through the Residential Tenancies Authority, rental support for tenants unable to access other financial support - new eligibility criteria is now in place for rental grants of up to four weeks rent, or a maximum of $2,000, implement legislative protections that would allow Queenslanders experiencing domestic and family violence to leave a rental property in a hurry, including immediate support to end tenancies quickly, change locks without seeking approval, access bond and separate from co-tenancies will be introduced. The emergency legislation primarily establishes powers to make regulations on a wide range of issues, including authorising regulations with retrospective operation. In light of the constantly changing environment, it is not appropriate or possible for QLS to provide a special condition or conditions which will provide certainty in every matter or suit the needs of every client. 167 “Witnessing provisions during COVID-19”. Visit the Office of the Small Business Commissioner website for more information about small business leasing advice and dispute resolution assistance. the number of transactions the applicant anticipates lodging per annum. The plan could include an offer to defer or reduce rents and other payments, waive interest payments and extend leases. Also see Lexon’s alert 7 of 19/20 dealing with Suspension of Time concepts in the REIQ contract. For the best experience on our site, be sure to turn on Javascript in your browser. [27 April 2020] The Queensland Parliament has passed emergency legislation and regulations in relation to commercial and residential tenancies. However, the average time for the Commissioner to decide the application is 6 business days, once all the required information has been received. For the best experience on our site, be sure to turn on Javascript in your browser. 166 - Electronic Titles Transactions (2 April 2020). A minor amendment has also been made to QCAT Practice Direction No. 165 - business centre counters closed from Tuesday 31 March 2020 (30 March 2020). [28 April 2020]  The Queensland Civil and Administrative Tribunal has issued new practice directions. A list of distributors and other information regarding property and title searches can be found online at https://www.business.qld.gov.au/industries/building-property-development/titles-property-surveying/titles-property/searches-copies. In the meantime, please see the FIRB website summarising these changes, the Treasurer’s media release of 29 March 2020 and the FIRB media release for more information. JavaScript seems to be disabled in your browser. The purpose of these FAQs is to answer (as best we can) common questions from practitioners raised with QLS. Renting commercial property for the first time is a big step for any business, not only because of the big financial commitment you’re making. On 1 January 2021 there will be changes to UK intellectual property law to ensure the smooth departure from EU IP systems. Lodgements previously intended for 53 Albert Street Brisbane. Certain provisions have retrospective operation dating back to 29 March 2020, as outlined in section 2 of the Regulations. SAI Global has provided further information here about the measures they are taking in response to the COVID-19 impacts and to ensure the wellbeing of all is maintained. Lodgement of documents can be done through the post, with no additional fees charged for this service. Property law is the area of law that governs the various forms of ownership and tenancy in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. The purpose of the regulation is to mitigate the effect of COVID-19 and also specifically to give effect to the good faith leasing principles in the ‘National Cabinet mandatory code of conduct—SME commercial leasing principles during COVID-19’. The clause only relates to the inability of a party or their representatives to perform a settlement obligation (as defined), and not to other obligations or to dates for satisfaction of conditions; Settlement obligation is a defined term and is limited to the obligations to be performed at settlement. The government announced yesterday that it is considering making changes to the Property Law Act 2007 in order to assist New Zealand businesses with rent payments. If your practice is insured with Lexon and you are not currently receiving these alerts, email uditi.desai@lexoninsurance.com.au to subscribe. The regulation confers responsibility for the dispute resolution process on the new Small Business Commissioner, created under the COVID-19 Emergency Response Act 2020. No – as from 31 March 2020 and until further notice, all such business centre counters are closed. We pay our respects to the Traditional Owners and keepers of this land and acknowledge all elders past, present and future. The emergency legislation primarily establishes powers to make regulations on a wide range of issues, including authorising regulations with retrospective operation. QLS members are reminded that you can contact the Solicitor Assist program for free legal advice. In addition, every contract and clients’ circumstances are different and bespoke. For enquiries contact the Foreign Investment Review Board (FIRB) on +61 2 6263 3795 (weekdays 9am–12:30pm and 1:30pm-5pm) or email firbenquiries@treasury.gov.au. suppliers must continue to provide written notification to the purchaser if they have a withholding obligation or not and report the sales information in the period the sale was finalised even if their activity statement has a different due date. [24 April 2020]  Further information is now available on the FIRB website regarding temporary changes to the foreign investment framework previously announced by the Treasurer on 29 March 2020, to protect Australia's national interest while dealing with the economic implications arising from the COVID-19 (coronavirus). Please see the “Guidelines for trust account operations” for Property Exchange Australia (PEXA) and Sympli Australia (Sympli) available on the QLS Resources webpage for the approval process and template application letter. For example, where the transferor or mortgagor is in COVID-19 related self-quarantine or self-isolation. 7. Law A Law Society of Scotland survey reveals the extent of the pandemic impact on member firms House viewings rise 2000 per cent as property hunts goes virtual Property The rise is partly due to pent-up demand caused by months of lockdown Electronic lodgement of title transactions (eLodgement) – for online lodgement of Titles Registry forms. This includes a moratorium on evictions. The current Queensland Participation Rules are available on the Electronic lodgement and conveyancing page available here. Our podcasts and bulletins keep you up to date with changes in legislation, case law and regulatory developments in the commercial context. QLS has prepared this Frequently Asked Questions document for our members, available here, which has been updated to include information about companies signing deeds in electronic form (until 6 November 2020) and the enactment of the residential tenancy eviction moratorium. Please see the media statement for more details. The Explanatory Notes are available here. The material and information in this document does not constitute legal advice. Our priorities include: Developing and commenting on law reform and legal policy proposals (including preparing submissions, and liaising with government and other stakeholders in this process) We represent and support our members, promoting the highest professional standards and the rule of law. Alternatively, it may be construed widely to be any event arising as a result of a natural cause and without human intervention. In exceptional circumstances, a Drop Box facility is available. Please also refer to the information below about “Electronic options to support property transactions". 167 “Witnessing provisions during COVID-19”, https://www.qld.gov.au/housing/buying-owning-home/property-land-valuations/property-search, https://www.business.qld.gov.au/industries/building-property-development/titles-property-surveying/titles-property/searches-copies, list of transactions that must be self assessed, Electronic lodgement of title transactions (eLodgement), Client Authorisation and verification of identity as a result of COVID-19, Electronic lodgement and conveyancing page available here, search for your nearest JP or Cdec in your local area. The entire process is electronic and expected to be maintained through OSR’s business continuity arrangements. When advising a client you should keep in mind the following points: You should consider the client’s specific circumstances to decide if a Delay Event is the sole reason a client is unable to perform a Settlement Obligation. You can read more about the emergency legislation on the QLS First Reading blog here. Commercial law updates Learn about the latest changes in the commercial law landscape that may affect your business. As an alternative a Delay Event includes ‘compliance with any lawful direction or order of a government agency’. For Queensland Titles Registry requirements - the Queensland Titles Registry publishes the Land Title Practice Manual which details the required practice and procedures for industry practitioners when preparing and lodging Titles Registry forms. Lexon insured practices will see many of these concepts in active risk tools updated and released over the pandemic period. More information about eConveyancing and eLodgement, including how to register and use these services, is available on the Business Queensland website. If you are concerned about meeting ongoing business requirements in the current environment, then it is recommended that you consider subscribing to eConveyancing or eLodgement.”. 6 of 2020 is to provide for the process for all Minor Civil Dispute Tenancy applications to which the Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 applies. In Firm Updates. Part 61-2700 sets out the Verification of Identity Standard which is substantially the same as the verification of identity standard in schedule 8 of the current Queensland Participation Rules for electronic conveyancing determined under section 23 of the Electronic Conveyancing National Law (Queensland). QLS has also published a short ‘explainer’ video on the QLS Facebook page about the regulation. The JPs in the Community Program has been suspended until further notice to preserve the safety of the community and the volunteer JPs and Cdecs. Our property litigation team will review the most significant landlord and tenant cases from the last 12 months and see what lessons we … Shopping centre owners and managers have been granted interim authorisation to discuss and implement rent relief measures for small to medium shopping centre tenants facing hardship because of the COVID-19 pandemic. Whilst QLS does not recommend or endorse any particular service, we understand the following provide e-settlement services which may assist you in the current circumstances: Practitioners can also register directly with PEXA or Sympli, the two approved service providers of eConveyancing subscription services in Queensland. Practitioners also need to be aware of the guidance published by the ARNECC “Guidance for e-Settlement Subscribers and their instructing practitioners” (available here). The plan could include an offer to defer or reduce rents and other payments, waive interest payments and extend leases. The Titles Registry has advised in its Alert No 166 (2 April 2020) that: “In support of COVID-19 requirements, titles lodgement counters are currently closed, however, existing eConveyancing and eLodgement channels are open and continue to operate on a business-as-usual basis. Please check the ARNECC website for further updates. This follows an application by Shopping Centre Council of Australia Limited (SCCA) and Scentre Group. The instrument is valid for 6 months from 5 May 2020. The new opt-measures apply on the basis of certain conditions, including that for commercial property landlords, they provide an undertaking to the bank that for the period of the interest capitalisation, they will not terminate leases or evict current tenants for rent arrears as a result of COVID19. Material on the Foreign Investment Review Board (FIRB) website is being updated to capture these changes. purchasers must continue to lodge GST at settlement forms, withhold and pay the required withholding amount at settlement. The response of government authorities to the COVID-19 pandemic is changing daily. Lexon will be releasing further targeted tools. The Suspension of Time provision in the REIQ contract applies if a party is unable to perform a settlement obligation solely as a consequence of a Delay Event. See the ABA media release and ABA website for more details. Real Property Update: Broker's License Dipute and Denial of Easement Rights Two recent Pennsylvania appellate court cases that should be of interest to those who operate in the real estate law … On 3 April 2020, the Registrar issued Titles Registry Alert No. [29 March 2020] National Cabinet announced on 29 March 2020 that it has agreed to a moratorium on evictions over the next six months for commercial and residential tenancies in financial distress who are unable to meet their commitments due to the impact of coronavirus. There is no certainty about how long disruption to everyday business will continue. Emergency legislation and residential tenancies: The Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 was notified on Friday 24 April 2020. The temporary changes will reduce the monetary screening threshold to $0 for all foreign investment. Read on for further details on the changes for residential and commercial tenancies. 3). Lodgements previously conducted outside Brisbane. Legal news, updates and law reports from the Law Society Gazette, the publication of record for solicitors in England and Wales QLS has released an on-demand presentation “COVID-19: Commercial leasing regulation explained” (1 CPD point) available here. The Law Society is the independent professional body for solicitors. Titles Registry Alert No. See below (under “Electronic options to support property transactions”) for more information about e-conveyancing, as well as the Business Queensland page, published by the Queensland Government. The explanatory notes for this regulation are available here. The Delay Event must be the sole cause of the inability to settle. The ACCC has allowed shopping centre owners and managers to jointly develop a plan to help their small business tenants, including franchisees and licensees, which have a turnover of up to $50 million pa. 5) or the Movement and Gathering Direction (No. Even if Delay Event is construed as including a pandemic event, there must be a connection between the pandemic and the inability to perform. 165 “Update - Novel coronavirus (COVID-19) - continuity of service” published here for more information. Property and title searches continue to be available online at https://www.qld.gov.au/housing/buying-owning-home/property-land-valuations/property-search, Searches can also be ordered over the phone and via email or through our approved distributors. On Friday April 24, the Government also released the Residential Tenancies Practice Guide, which provides a guide for negotiating arrangements for residential tenancy agreements, including rooming accommodation agreements, for people impacted by the COVID-19 pandemic, in light of the new Regulations. Sign-up and we’ll remember your preferences. Existing eLodgment and eConveyancing lodgement channels remain unchanged and are continuing to operate on a business-as-usual basis. [9 April 2020] The Queensland Government has announced protection measures for both retail and commercial tenants and residential tenants and owners. Settlements are not restricted by the Restrictions on Businesses, Activities or Undertakings Direction (No. 1) 2020 is available here. Whether the clause applies to a particular situation will depend upon a construction of the clause in the context of the contract. Going forward, areas categorized as control or lockdown qualify. 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