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Category: NSW

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Inheritance in Family Law Property Settlements
Former spouses dealing with the division of the property pool in family law property settlement matters are ordinarily, and understandably, going through a difficult and acrimonious period of their lives....
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Navigating Urban Heat Island Mitigation: Key Land and Environment Court Decisions in Penrith
This article examines two decisions of the Land and Environment Court, one very recent and the other relatively recent, where the Court considered planning controls designed to mitigate the “urban...
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Tribunal's Call: Strata Development Decrees
A Closer Look at the Tribunal’s Power to Order an Owners Corporation to Consent to a Development Application  It is common for owners living in strata schemes to want to...
Heritage Article 19 APR 2024 Blog
Navigating Heritage: The Challenge of Development Consent for Demolishing Contributory Items in Conservation Areas
A recent decision of the Land and Environment Court demonstrates the difficulty in obtaining development consent to demolish a contributory item within a Heritage Conservation Area. In the case of...
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Revelop Expands Portfolio with Strategic Acquisition of Pemulwuy Marketplace
Madison Marcus is proud to have advised Revelop on the strategic acquisition of Pemulwuy Marketplace. Situated 26 kilometres from the Sydney CBD, this key asset is anchored by a robust...
Pre-Lease Article 14 MAR 24 Blog
Securing Your Space: A Tenant's Roadmap to Pre-Lease Negotiations and Lease Safeguards
Unlocking Lease Agreements: Understanding Tenant Rights and Responsibilities What is a Lease? A lease is a legally binding contract under which a property owner (landlord) grants a tenant the right...
Project Intervene 07 NOV 2023 LI
Supreme Court refuses stay application despite concurrent court proceedings and ‘Project Intervene’ investigations of alleged defective building works
The recent introduction of Project Intervene, an initiative implemented by the NSW Building Commissioner with the overarching objective of resolving issues concerning serious defects in residential buildings without the extensive...
Oral Evidence 14 DEC 2023 LI
The shift in how evidence of a conversations is recalled in NSW Court proceedings
When a witness is giving evidence in civil proceedings, this is usually done in the form of an affidavit. General longstanding practice in NSW when preparing an affidavit is that...
NAVIGATING THE CHANGING LANDSCAPE- PROJECT INTERVENE of LinkedIn Post (Madison Marcus)
Navigating the Changing Landscape: Project Intervene
In the world of construction and development in New South Wales, a name that often sparks curiosity, concern, or even fear is David Chandler, the Building Commissioner. But is there...
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CAN A SCHEME CURRENTLY UNDER COMPULSORY APPOINTMENT BE CONSIDERED DYSFUNCTIONAL?
Most are well aware that the Tribunal has the power pursuant to section 237 of the Strata Schemes Management Act 2015 to appoint a strata managing agent to exercise the functions of...
PEG Case Law Update 31 JUL 23 LI
Case Law Update – Physical Commencement of a Development Consent 
A recent decision of the Land and Environment Court in Fabemu (No 2) Pty Ltd v Kiama Municipal Council [2023] NSWLEC 79 is an example of the pitfalls in attempting...
Strata Article 14 MAR 2023 Blog v2
COST RECOVERY BY-LAWS –
ARE THEY ENFORCEABLE?
Article by James Moir We are often asked to prepare “cost recovery” by-laws to recover costs that an owners corporation incurs as a result of by-law breaches. The costs sought...
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CASE WIN
Anthony Malouf’s client was awarded a payout after falling between a moving train and the platform when her bag was caught in the door. Ms Chol was awarded more than...
Client Alert Article 24 JUN 22
ALERT ON CHANGES TO NSW PROPERTY TAXES
NSW STATE BUDGET FOR 2022-2023 Article written by David Low / CHANGES TO CERTAIN NSW STATE PROPERTY TAXES IN 2022 BUDGET: DO THEY AFFECT YOU? For certain first home buyers:...
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CONSTRUCTION AND INFRASTRUCTURE LAW
The world of construction and infrastructure is very complex. If you need a construction lawyer in Australia, we, at Madison Marcus, can assist you. Call us now.
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Bechara Shamieh, Finalist in Australasian Lawyer's 'Most Influential Lawyers' of 2021
This year has been difficult for many, but Bechara Shamieh is setting the bar high at Madison Marcus. As the Director of Madison Marcus, Bechara Shamieh has been instrumental in furthering the firm’s...
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MADISON MARCUS X BUILDING COMMISSIONER PANEL WEBINAR
The Building Commissioner’s powers are extensive and are broadening under changes to the governing legislation.  Many builders and developers have already experienced a vigorous audit process after receiving Prohibition Orders. The...
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James Moir Promoted to Director at Madison Marcus
  We are proud to announce that James Moir has been appointed as a Director at Madison Marcus. James leads the Strata Division of Madison Marcus and was admitted as a solicitor...
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RESIDENTIAL TENANCY
THE FOLLOWING SUPPORT IS AVAILABLE FOR ELIGIBLE IMPACTED TENANTS
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Proposed Stamp Duty Overhaul
The NSW government has today announced its 2020-21 budget. A part of the budget announcement by NSW Treasurer Dominic Perrottet was a proposal to reform the State’s archaic stamp duty...
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NSW GOVERNMENT TO OPEN NOMINATIONS FOR SUBCLASS 491 SKILLED WORK REGIONAL (PROVISIONAL) APPLICATIONS FOR A LIMITED PERIOD
The NSW Government has announced that between Monday, 15th June 2020 to Tuesday, 23rd June 2020, applicants will be able to directly apply for nomination under the subclass 491 visa.
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COVID-19 UPDATE - CHANGES TO THE WAY CERTAIN LEGAL DOCUMENTS ARE SIGNED AND WITNESSED IN NSW
New regulations have been enacted to reduce face-to-face contact and make it easier for people to stay home and reduce physical interactions while, still completing important transactions during the COVID-19...
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CONSTRUCTION & INFRASTRUCTURE UPDATE: ARE YOUR PAYMENT CLAIMS IN ORDER?
A recent decision in the NSW Supreme Court is a timely reminder that payment claims served under a construction contract must be for work performed or related goods and services.
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PLANNING E ALERT: REFORMS TO DEVELOPMENT CONTRIBUTIONS AND LEVIES
Back in November, the NSW Premier, Gladys Berejiklian, highlighted four crucial areas of reform to the NSW planning system for 2020, including addressing the uncertainty of developer contributions to propel...
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CAN YOU HOLD FACE-TO-FACE STRATA MEETINGS DURING THE COVID-19 CRISIS?
Our Strata team is constantly being asked about what types of meetings can be held during the Government restrictions brought about due to COVID-19. The Strata Regulations make allowances for...
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COVID-19 CRISIS: CREDITOR’S STATUTORY DEMANDS – COURT DECISION POTENTIALLY CATASTROPHIC FOR CREDITORS.
In the current COVID-19 climate, with so many businesses facing hardship and insolvency, many businesses and individuals are looking for ways to recoup monies owed and keep their own businesses...
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THE COVID-19 IMPACT ON PLANNING AND DEVELOPMENT IN NSW
The NSW Minister for Planning and Public Spaces, Rob Stokes, has recently issued a number of Ministerial Orders in response to COVID-19 which effects the way planning and development will...
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COVID-19 UPDATE 8 APRIL: SUPPORT AVAILABLE TO NSW SMALL BUSINESSES
The NSW COVID-19 Small Business Support Grant of $10,000 will be available to eligible NSW small business owners.
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COVID-19 Crisis - 2 April Summary: Some good news for NSW Developers, Builders & Contractors and Federal Industrial and Workplace Relations Changes
The NSW Government announced today, 2 April 2020, that it has eased hours of work restrictions on construction sites, dark kitchens & food trucks.
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COVID-19 Update - 2nd April
Key information for businesses in Australia.
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COVID-19 Crisis - 30 March 2020
Key information for businesses in Australia.
MM COVID-19 Update: New measures to protect tenants in NSW
Madison Marcus' experts are closely monitoring developments during the COVID-19 Crisis and how they will impact our clients. We have summarised the key legislative developments that have occurred this week,...
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Changes to Residential Tenancy Laws effective from 23 March 2020.
Residential Tenancy laws govern the tenant’s renting experience, while contemporaneously ensuring that Landlords can effectively manage their properties. The changes effected, seek to circumvent disputes arising over repairs and maintenance,...
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COVID-19 Crisis Poses Risk to Real Estate
How could the COVID-19 Crisis affect real estate in New South Wales? These unprecedented circumstances create many concerning and uncertain issues of which to be aware of.
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COVID-19 Coronavirus Update: Be Empowered
We have empowered our office, our teams and our clients with the best and most sophisticated legal practice software and remote working technology that allows for a seamless client experience...
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Madison Marcus response to COVID-19 Pandemic
  Madison Marcus has taken several precautionary measures to ensure the health and safety of our staff and clients throughout the COVID-19 Coronavirus Pandemic. Like all community conscious businesses, our...
Michael Mournehis Associate announcement
Madison Marcus promotes Michael Mournehis to Associate
The Board of Madison Marcus is delighted to announce the promotion of Michael Mournehis to Associate in our Commercial Litigation team.
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Madison Marcus appoints Benoir Bayssari as youngest ever Director.
The Board of Madison Marcus is delighted to announce the appointment of Benoir Bayssari as a Director of the Firm.