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March 31, 2020

remote computer; video conferencing, online signing; health and wellbeing;

Please note that in the interest of providing a safe work environment for our staff we will not attend the Settlement Room as it is not possible to employ social distancing when in this room. Settlements will be completed using PEXA.

Verification of Identity will be undertaken using the services by Australia Post or other VOI agents.  If the spread of Covid19 intensifies we may use Whatsapp, Skype and video-conferencing technology such as Zoom in order to complete your identity verification.

September 27, 2019

Investing with family - the importance of writing it down
There have been two recent cases in the Supreme Court of New South Wales that reinforce the importance of documenting agreements between family members to avoid disputes later on.

Nguyen v Nguyen
The facts
This case involved an agreement between a brother and sister that was never written down.
The siblings agreed to buy a residential property in the brother’s sole name, but they were both borrowers under the mortgage.   The sister negotiated the sale price with the seller and paid the deposit to the estate agent, stamp duty and other fees in the transaction.  The sister lived on the property with her family for several years and made repairs and improvements to the
property using her own funds. Years later, she vacated the property and a tenant moved in. After the tenant vacated the property, the brother changed the locks.  Inevitably, the dispute proceeded to court. The brother argued he was the sole registered owner and that his sister only ever occupied the property as his tenant. The sister argued she and her brother were the joint owners of the property.

The decision
As there was no written agreement between the siblings, the Court was required to infer the agreement they reached years before. The outcome was that, while the property was registered solely in the brother’s name, he held 40% of that property on constructive trust for his sister. Interestingly, the outcome was that neither of them were correct in their understanding of their agreement and the
Court decided that a mix of their two positions was the correct one.

Henley v Bone

The facts

This case involved real estate held in the name of Gregory Henley at his death.Gregory’s mother had sold her business in Victoria and was thinking about relocating to northern New South Walesto live near Gregory. She had made a trip to the area to look at properties but was unsuccessful in her search. Gregory later found a property that his mother liked, and his mother transferred funds to him to pay the deposit.Gregory signed the contract in his own name and completed the transaction using more money from his mother.Gregory’s mother had no contact with the vendor, the vendor’s agent or the conveyancer and Gregory completed all communications and signed all documents himself.After settlement, Gregory occupied the property for a short period of time before vacating and his mother moving in.Gregory later died intestate and his mother claimed the property was held by Gregory on trust for her.

The decision
The Court found that no trust for the mother existed. Gregory was the registered and beneficial owner of the property but had intended to allow his mother to continue to treat the property as her own.
After these proceedings, the matter remained unresolved. The property remained an asset of Gregory’s estate but his mother was entitled to continue to occupy the property.

Why are these cases relevant?
Both these cases involve proceedings that could have been avoided if the intentions of the parties had been clearly documented from the outset. Putting an agreement in writing is also a good opportunity for the parties to think about all things that might be relevant to a proposed arrangement and consider an exit strategy for themselves.

Cooper Grace Ward - Steven Jell, Scott Hay-Bartlem, Clinton Jack and Hayley Mitchell

The facts
This case involved real estate held in the name of Gregory Henley at his death.
Gregory’s mother had sold her business in Victoria and was thinking about relocating to northern New South Wales
to live near Gregory. She had made a trip to the area to look at properties but was unsuccessful in her search.
Cooper Grace Ward - Steven Jell, Scott Hay-Bartlem, Clinton Jackson and Hayley Mitchell

January 30, 2019

PEXA (Property Exchange Australia) is Australia’s online property exchange network. 

It allows Conveyancers to complete your settlement electronically.
Whether you are buying or selling, all parties including your Bank are invited to participate on the PEXA electronic platform and you can follow your settlement while it is taking place...

For further information on PEXA, please follow this link 



If you require any assistance please call us on 8363 4481, we can help you with selling, buying, land divisions, leases and much more. 

Buying just got a whole lot easier...

  • On-time settlement

    PEXA's automatic online document checks give you greater certainty that your settlement will occur as scheduled, allowing you to take ownership of your new property.

  • Peace of mind

    In the manual world, documents registering your ownership are typically not lodged until days or sometimes weeks after settlement. With PEXA, this happens instantly giving you peace of mind.

  • No more bank cheques

    PEXA eliminates the need for bank cheques saving you time and money.

January 1, 2019

Welcome to 2019.  The beginning of the new year is the most popular time to set your goals. Perhaps your new year's resolution is to buy a new home or perhaps an investment home.  At FM Conveyancing we can help you achieve this goal call us to discuss your plans and see how we can help you achieve your goals.

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