Kydon Segal in Eastgardens | Lawyer & law firm

Kydon Segal

Locality: Eastgardens

Phone: +61 2 9344 2000

Address: Suite 601, Level 6 Westfield Office Tower 152 Bunnerong Road Eastgardens 2036 Sydney NSW, Australia 2036 Eastgardens, NSW, Australia

Website: https://www.kydonsegal.com.au/contact

Likes: 218

Add/Update information

Reviews

Tags

• Lawyer & law firm

23.01.2022 Sons inherit Sydney house after the Supreme Court rules in favour of squatter’s rights The Supreme Court of NSW has ruled that two sons will inherit a Sydney house and a vacant block of land near Nowra after their mother assumed control over the land under squatters' rights. The woman first assumed control over the properties after the original owner died in or around 1969 however she did not make a claim under adverse possession to become the legal owner of the land before s...he died. In 1988, one of the woman’s sons moved into the Sydney property with his wife however the mother was recorded as the person responsible for the property. The couple also looked after the block of land near Nowra. In 2016, the couple applied to become the registered owners of the land under and successfully became the true owners of the land. After the mother died, the couple sold the land however, a dispute arose about whether the couple could sell the land without sharing the sale proceeds with the woman's other son. The decision would be determined on whether the property was part of the mother's estate. The Court held that the woman intended to maintain possession of the property and although she allowed her son to occupy the properties, she did not intend to give them to him as a gift. While she did not apply to become the legal owner of the properties, the court held the woman would become the registered proprietor of the properties under adverse possession and her interest in the property would pass onto the executor of her estate. Adverse possession highlights the problems that could arise for property owners if their land is unoccupied or abandoned. Squatting has become increasingly popular and although adverse possession claims are hard to prove, this will not stop potential squatters from making a claim to become the legal owner of a property. #KydonSegalLawyers #News #SquattersRights

22.01.2022 What does the SEPP (Exempt & Complying Code) (CDC) mean for torrens subdivision of dual occupancies approved under the CDC? Just like Council’s LEP, the CDC deals with two different types of approvals, one is an approval to build a dual occupancy. The other is an approval to subdivide a dual occupancy. The section quoted elsewhere on this page (clause 3B.8) (Built form standards) is relevant to whether or not you are able to get CDC approval to build a dual occupancy. It stat...es that in order to get approval to build a dual occupancy your lot must be the greater of not less than 400m2 and the minimum lot size specified in the LEP. Randwick’s LEP specifies a minimum lot size to build a dual occ of 450m2. This section of the CDC does not change the existing status quo when it comes to building a dual occupancy in R2 zones in Randwick Council ie you need a minium of 450m2 to build a dual occ. The relevant section that governs torrens subdivisions of dual occupancies is clause 6.4(d) which states that "if the subdivision relates to a dual occupancy, the area of each resulting lot must be at least (i) 60% of the minimum size specified for the subdivision of land for the purpose of a dual occupancy in the environmental planning instrument that applies to the land, or (ii) if no minimum size is specified200m2. The Randwick LEP specifies a minimum lot size for subdivision of land of not less than 400m2 per lot. This would mean that the minimum lot size necessary to subdivide a dual occupancy under the CDC would be 240m2 per lot ie a total of not less than 480m2. There are a number of other matters that need to be considered before it can be determined whether a property is able to be approved for building and torrens subdivision of a dual occupancy under the CDC. If you are considering such a development you should have your architect or planner check carefully to ensure that it is permissible. As usual, if you have any further questions in relation to this or any other aspect of subdividing a dual occupancy in Randwick Council please do not hesitate to contact me by email [email protected] at Kydon Segal Lawyers.

19.01.2022 NSW - Changes to Stamp Duty 1 August 2020 In an attempt to boost housing construction and support jobs amidst the COVID-19 pandemic, the NSW Government has announced it will temporarily drop stamp duty for first time home buyers on new homes under $800,000, with the concession reducing on higher values before phasing out at $1 million. Further changes were made as the stamp duty threshold on vacant land will rise from $350,000 to $400,000 and will phase out at $500,000. The ...change to thresholds will commence from 1 August 2020 and last for 12-months, only applying to newly built homes and vacant land, not to existing homes. The NSW Government will continue to offer the $10,000 first homeowners grant for people purchasing a new first home worth no more than $600,000 or buying land and building a new first home worth no more than $750,000. Premier Gladys Berejiklian has estimated that more than 6000 first home buyers will benefit from these changes as eligible first home buyers could be saving thousands of dollars.

18.01.2022 TESTIMONIAL TUESDAY! A wonderful message from a recent client of our firm. #KydonSegalLawyers #TesimonialTuesday #Lawyers

16.01.2022 Kydon Segal Lawyers are offering phone and Zoom appointments during this difficult time. Contact us on 9344 2000 to book an appointment with a member of our team! #KydonSegalLawyers #Lawyers

14.01.2022 TESTIMONIAL TUESDAY! An endorsement from a recent client of our firm, Carol Foord. #KydonSegalLawyers #Lawyers #TestimonialTuesday

12.01.2022 KSL NEWS UPDATE On 23 September 2020, the Treasure, Dominic Perrottet and Minister for Finance and Small Business, Damien Tudehope, released a statement confirming the Retail and Commercial Leases (COVID-19) Regulation will be extended until 31 December 2020. The decision to extend support for eligible commercial tenants and landlords was influenced by the ongoing financial distress caused by COVID-19. The extension aims to maintain a balance ...to support tenants and landlords in commercial agreements and strengthen the economy. Landlords will be able to receive a land tax concession for up to 25 per cent when they have provided rent relief to commercial and residential tenants from October to December. The extension means that eligible landlords will be able to apply for a land tax concession for the new period in addition to the concession provided to landlords who offered rent relief to their tenants between April and September. NSW Government has announced the concession will be provided to any unpaid 2020 land tax liability and it will issue refunds to those who have already paid their land tax this year. Damien Tudehope said the extension will provide support to small and medium sized business and said that since rent is one of the biggest fixed costs of running a business, easing this burden will keep businesses in business and keep people in jobs. The NSW Government has also devoted $10 million towards the NSW Small Business Commission as a way to further support small businesses. In addition to this, they have provided extra mediators at the Commission who can assist parties in negotiating fair agreements. At Kydon Segal Lawyers, we have already assisted many landlords and tenants negotiate COVID-19 related rent relief arrangements. Please contact one of our team members if you would like to know more about your rights and obligations. #KydonSegalLawyers #Lawyers See more

09.01.2022 Our deepest condolences to the family and friends of Joe Vizzone and all of the good people at Vizzone Ruggero Twigg Lawyers. Joe was an outstanding lawyer and colleague and a pillar of the local community. His spirit of generosity and volunteerism will be greatly missed. Go well Joe.