Pandelis Tiliakos, Barrister-at-Law in Sydney, Australia | Public figure

Pandelis Tiliakos, Barrister-at-Law

Locality: Sydney, Australia

Address: Second Floor Wentworth Chambers - Level 2, 180 Phillip Street, Sydney NSW 2000 2000 Sydney, NSW, Australia

Website: http://www.thebarristersydney.com.au

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24.01.2022 Appellate: Altering a Propertys Categorisation The Court of Appeal recently heard an appeal from the Land and Environment Court where a property developer managed to successfully alter the categorisation, for rating purposes, of various developments in Sydney from business to residential. The main issues in the Land and Environment Court were: 1. Proper construction of the phrase dominant use for residential accommodation in section 516(1)(a) of the Local Government... Act 1993 (NSW) (the LGA). 2. Correctness of the Courts decision in Meriton Apartments Pty Ltd v Parramatta City Council [2003] NSWLEC 309 (the Parramatta case). 3. Whether the applicants activities on the land, including demolition of an existing building, excavation of the land, construction of a new mixed-use building and residential apartments, answer the statutory descriptions in section 516 of the LGA. Sheahan J in the Land and Environment Court accepted the construction of the phrase dominant use for residential accommodation from the Parramatta case, being, the physical purpose for which the land is used rather than another purpose of the owner/occupier in using the land. As such, it was found that activities implementing a development consent, which will ultimately lead to a residential development of a type not excluded by section 516 of the LGA, dictate that the land be categorised for rating purposes as for residential accommodation. Now we sit tight and wait for the Court of Appeals decision with respect to at least these three issues!!! If you need a hand with anything discussed, please do not hesitate to contact me by: Email: [email protected] Phone: (02) 9232 4466 Website: www.thebarristersydney.com.au Facebook: @thebarristersydney Instagram: Pandelis Tiliakos, Barrister-at-Law Liability Limited by a scheme approved under Professional Standards Legislation.

22.01.2022 Recently presented a CPD seminar titled Accessing your Neighbours Land to Develop Your Own. Focus is on the Access to Neighbouring Land Act 2000 (NSW) and section 88K of the Conveyancing Act 1919 (NSW). Contact CPDforme.com.au if youre keen on listening.... Liability Limited by a scheme approved under Professional Standards Legislation.

14.01.2022 Corporate & Commercial: Setting Aside Statutory Demands The statutory demand process is one of many ways a company can be wound up. A creditor usually kicks off the ordeal by issuing a statutory demand on the debtor for a debt(s) that exceeds $2,000. If the debtor fails to comply with the statutory demand, the creditor may seek an order from the Court that the debtor is insolvent and should be wound up. ...Continue reading

10.01.2022 Building & Construction: Entire Contracts When entering into a contractual arrangement for the provision of building services, a home owner should carefully consider the manner in which the works will be undertaken on the property as well as their subsequent obligation to remunerate the builder. In the instance that a building contract is for an entire job quoted at a fixed price, the home owner is technically not required to remunerate the builder until the works are completed. Exceptions to this principle naturally apply. Beech-Jones J in Phillips v Tobias Partners Pty Ltd [2013] NSWSC 496 summarises this principle in his judgment at [21]. Liability Limited by a scheme approved under Professional Standards Legislation.

10.01.2022 Privileged to have been a special guest speaker at the Cappello Rowe Breakfast Seminar. Thank you to Cappello Rowe Lawyers for organising the seminar. If you are interested in attending one of Cappello Rowe Lawyers seminars, like their page and click attending.... Liability Limited by a scheme approved under Professional Standards Legislation.

09.01.2022 Property: Relief Against Forfeiture Starting up a business can be difficult. There are a wide multitude of factors that need to be considered and weighed up before taking the deep plunge into the wide world of commerce. One of the most crucial questions is where do I set up the business? Location is everything these days and if you find a good spot, you need to hold on to it with both hands. So, you take out a 5-year lease to ensure that you have some type of longevity. But...Continue reading

08.01.2022 Property: Disputes Arising From Co-Ownership Purchasing property in todays market can be difficult. The usual tough decisions concerning where, when and how to purchase a property are sometimes riddled with concealed potholes. For this reason, and many others, it is imperative that any issues pertaining to the purchase of a property are ironed out well before you sign on the dotted line and settlement comes about to ensure that disputes do not arise down the track. I re...cently appeared for a gentleman who had a dispute with his daughter concerning a property they purchased as co-owners. Co-ownership, for those unfamiliar with the phrase, is when a parcel of land is purchased and owned by two or more parties as joint tenants or as tenants in common. The gentleman decided that he wanted out of the co-ownership arrangement but his daughter refused to facilitate the sale of the property because their issue was trivial and had it become a matter of pride. Whatever that meant. In this case, the gentleman filed an application in the Supreme Court of New South Wales asking the Court to appoint trustees to force the sale, or partition, of the property. He relied on section 66G of the Conveyancing Act 1919 (NSW) which provides that: on the application of any one or more of the co-owners, appoint trustees [for the property] to be held by them on the statutory trust for sale or on the statutory trust for partition. Except for very special cases, a co-owner is entitled to an order under this section as of right (Re Fettell (1952) 52 SR (NSW) 221). There are however circumstances where such an order may be refused including an application in breach of contract, apparent inconsistency with a proprietary or fiduciary obligation and estoppel. One only has to look at the recent decision in Harris v Harris [2014] NSWSC 1766 to understand the type of hurdles a resisting party faces in defending these types of applications. If you would like to discuss anything to do with applying to the Court for the sale or partitioning of a property, please do not hesitate to contact me by: Email: [email protected] Phone: (02) 9232 4466 Wesbite: www.thebarristersydney.com.au Facebook: @thebarristersydney Instagram: Pandelis Tiliakos, Barrister-at-Law Liability Limited by a scheme approved under Professional Standards Legislation.

08.01.2022 Building & Construction: Security of Payments Act When served with a payment claim pursuant to section 13 of the Building and Construction Industry Security of Payments Act 1999 (NSW) (the Act), keep in mind that timing is of the essence and crucial to your clients chances of defending the claim. A party on whom a payment claim is served may reply to the claim by serving a payment schedule. This must be done within the time stipulated by the relevant construction contract ...or within 10 business days after the payment claim is served whichever time expires earlier. If a payment schedule is not served in time, the party on whom a payment claim was served becomes liable to pay the claimed amount on the due date for the progress payment. The party who served the payment claim may recover the unpaid portion of the claim as a debt in any court of competent jurisdiction or make an adjudication application under section 17(1)(b) of the Act. The recent decision in Ampcontrol SWG Pty Limited v Gujarat NRE Wonga Pty Limited (formerly Gujarat NRE FCGL Pty Limited) [2013] NSWSC 707 highlights the importance of promptly serving a payment schedule. Liability Limited by a scheme approved under Professional Standards Legislation.

05.01.2022 Property: What is a Disposition? Section 7 of the Conveyancing Act 1919 (NSW) (CA) provides definitive guidance on the terms assurance and disposition. An assurance includes a conveyance and a disposition otherwise than by will. A disposition includes a conveyance and also an acknowledgment under section 83 of the Probate and Administration Act 1898 (NSW), vesting instrument, declaration of trust, disclaimer, release and every other assurance of property by any instrument ...Continue reading

05.01.2022 Building & Construction: Accessing Your Neighbours Land to Develop Your Own Over the past decade, the building and construction industry in Australia has experienced unprecedented growth, making it the fourth largest contributor to the national economy. With new commercial and residential developments commencing almost daily, the likelihood of disputes materialising between the respective stakeholders is on the rise. In my experience in the field of building and construction...Continue reading

03.01.2022 Property: Modifying or Extinguishing Easements The past few months have been quite busy, particularly on the lecturing front. Fortunately (for my sanity at least) most of the seminars Ive presented have concentrated on really interesting parts of the Conveyancing Act 1919 (NSW) (CA) like options, relief against forfeiture and (my personal favourite) the creation of easements. I had a matter cross my desk earlier this week that really caught my eye. Modifying or extinguishi...Continue reading

02.01.2022 Hi Facebook Followers! Welcome to my Facebook Page. My name is Pandelis Tiliakos and I am a Barrister on Second Floor Wentworth Chambers.... This Page will be used to provide my followers with updates on various aspects of the law and occasionally my day-to-day activities as a Barrister in Sydney. Keep in mind that the information and content on my Page is intended only to provide a summary and general overview on matters of interest. It is not intended to be comprehensive nor does it constitute legal advice. You should always seek legal advice before acting or relying on any information or content found on my Page. Liability limited by a scheme approved under Professional Standards Legislation.

01.01.2022 Property: What is a Disposition? Section 7 of the Conveyancing Act 1919 (NSW) (‘CA’) provides definitive guidance on the terms assurance and disposition. An assurance includes a conveyance and a disposition otherwise than by will. A disposition includes a conveyance and also an acknowledgment under section 83 of the Probate and Administration Act 1898 (NSW), vesting instrument, declaration of trust, disclaimer, release and every other assurance of property by any instrument ...Continue reading