Catherine Henry Lawyers is expanding its award-winning health law service to better serve people in the Hunter and other parts of regional NSW to seek justice or compensation from rogue doctors and other instances of poor health care.
Erin Woodward has joined Catherine Henry Lawyers as a Senior Associate. Erin will work in Taree and at the firm’s principal office in Newcastle.
Erin said Catherine Henry Lawyers was representing a number of clients in cases against a number of high-profile, disgraced, rogue doctors including gynaecologist and obstetrician Dr Emil Gayed, cosmetic surgeon Dr Les Blackstock, and pelvic mesh doctor Richard Reid, as well as other medical negligence cases.
Catherine Henry Lawyers principal, Catherine Henry, said having a personal injury lawyer of Erin’s calibre will help her firm better service its current health law clients in Newcastle but also in its expansion into Taree, Port Macquarie and northern NSW. Erin has more than 16 years’ experience in the personal injury field. She has a Bachelor of Law, a Graduate Diploma of Legal Practice and is a Law Society of NSW Accredited Specialist in Personal Injury Law.
Catherine said too many people living in regional NSW are reluctant to make complaints or to seek answers or justice from health professionals for fear of “rocking the boat”.
“We not only help people who have been victim of botched surgery but also those who experience birth trauma, receive incorrect prescription of drugs or anaesthetic, experience inappropriate behavior by a healthcare professional, or need assistance in accessing medical records,” Catherine said.
She said failed medical products is also an increasing area of interest for the firm and it is representing a number of women who had vaginal or pelvic mesh procedures.
“It is important for people to take a stand and hold doctors and local health professionals to account.”
“Those who have had substandard medical treatment are also entitled to compensation.”
“Litigation is also a very powerful tool in forcing changes to health care practices.”
Catherine has decades of experience in health and medical law, in both Sydney and the Hunter, working on many high-profile cases, particularly in relation to women’s health. Her firm’s expertise was recognised late last year when she and senior associate Lucy Wilk made the prestigious Doyle’s Guide list of NSW’s top 16 medical negligence plaintiff lawyers. Catherine Henry Lawyers is the only firm headquartered in Northern NSW and one of only two firms based outside of Sydney to make the list.
The team also includes specialist health law solicitors Tom Hunter-Leahy, Hayley O’Brien and Liza Stewart as well as an in house registered nurse Alex Wilson.
“Having inhouse clinical expertise means that, unlike other firms, we are able to quickly get to the crux of the case because we know what the clinical practice should have been and the right questions to ask to establish the liability of the health care professional or health facility.”
“We have a 100 per cent success rate with health and medical law cases, making us the health law team in the Hunter and Northern NSW.”
Catherine said the firm’s recently launched free, e-resource to help women navigate the legal system has a large section on health law matters.
The post Catherine Henry Lawyers expands health law service appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

Hearings of the Royal Commission into Aged Care Quality and Safety were held in Adelaide during February and March with more than 28 key witnesses taking part.
The first public hearings in February focused on key features of the aged care, quality, safety and complaints system, how that system works in practice and at a general level. During March the focus was on aged care in the home.
Underlying themes and issues
Senior Counsel Assisting, Mr Peter Gray QC, said the following issues were highlighted by the evidence presented at the hearings:

How the current aged care system is failing to meet community expectations.
The impact of Australia’s changing demographics on the aged care system.
Specific clinical concerns arise in caring for older people, including the skills required of doctors, nurses and personal care attendants.
Creating an aged care sector which properly cares for Australians with dementia.
The current aged care funding model and proposed alternate approaches to managing the funding of aged care.
The importance of an aged care system which values the choices of individuals receiving care and is people-centric.
Aged care staff resourcing, quantity and quality.

The stats speak for themselves
The number of Australians over 85 is expected to double by 2066, according to Justine Boland of the Australian Bureau of Statistics. Their number will increase from 2.2% to 4.4% of the population.
The number of people with dementia continues to increase. Dementia Australia Chief Executive Maree McCabe said there were about 436,000 Australians living with dementia today and by 2050 that number would surge to 1.1 million.
Mr Paul Versteege, Policy Manager of the Combined Pensioners and Superannuants Association, said that the inability to access aged care because of the vast undersupply of places and packages is itself a safety issue. The Commonwealth Department of Health spent about $18 billion on aged care in 2017, with $12.2 billion of that going to residential care. Over 83,500 beds will be needed in the next 10 years, according to Mr Richter of the Aged Care Guild.
Associate Professor Edward Strivens, President of the Australian and New Zealand Society for Geriatric Medicine, told the Commission that psychotropic drugs (antidepressants, antipsychotics and sedatives) are often the first port of call to restrict or sedate movements. He said they should be used as a last resort and the reasons behind behaviour needed to be looked at.  “When all you have is a hammer, every problem looks like a nail,” Associate Professor Strivens told the Commission. Medications were also causing more falls, strokes and deaths.
International studies have found that about 80% of residents are prescribed psychotropic medications, with 10-20% efficacy rate. Last month, Commonwealth Minister for Aged Care Ken Wyatt announced new regulations around the use of physical and chemical restraints in nursing homes.
Aged and Community Services Australia Chief Executive Patricia Sparrow said the workforce needed to triple by 2050 in order to meet the needs of an ageing population. Attracting, retaining and training staff is problematic. Staff are underpaid; remuneration and funding are said to be inadequate.
Elder abuse is an important area to be addressed by the Royal Commission. The Department of Health confirmed there were 3,773 reported assaults in 2017/18, with those numbers likely the tip of the iceberg according to Paul Versteege.
Home care
The Adelaide Aged Care Royal Commission heard evidence regarding the difficulties in accessing Commonwealth funded Home Care packages. These assist with household modifications such as shower fittings plus shopping, groceries and medication supply. Average waiting periods are 18 to 24 months, which Professor McCallum of Seniors Australia described as a “running sore” and “profoundly critical failure.” A person assessed by the Aged Care Assessment Team at Level 2 might require Level 4 assistance by the time the package arrived.
Dr Sarah Russell of Aged Care Matters this month published ‘Older People Living Well
with In-Home Support’. The report documents her research on the Commonwealth Home Support Programme and has feedback from recipients of home care. Dr Russell identified several systemic problems with home care packages, including:

Inability to access reliable information
High fees
Unclear financial statements
No benchmark for costs (e.g. hourly rates)
Lack of audits
Poor quality of some services
Poor communication
Staffing issues – inadequate training, insufficient numbers, high turnover of case managers and support workers
Ineffective complaints system
Policy of full cost recovery

Future hearings in 2019
The Aged Care Royal Commission will conduct hearings in all capital cities, plus several regional locations, from May through to December. The location of each hearing will be announced progressively during the year as arrangements are finalised.
Catherine Henry Lawyers look forward to the Commission examining these important issues further. Be sure to follow along as we provide regular updates on our blog page.
The post Adelaide hearings of the Royal Commission now complete appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

Buying a property “off the plan” allows you to secure a property – that may not yet be built – at today’s prices and that does not need to be fully paid for immediately. It usually means that you can also have a say in the interior finishes, too.
Despite these clear possible advantages, those purchasing “off the plan” properties should always proceed with caution and be aware of the following:
There is no “standard contract” for “off the plan” purchases
All contracts for buying real estate should be thoroughly reviewed, even “standard contracts” for existing properties, but for “off the plan” purchases, each contract will be completely unique, and it is even more vital that the contract is carefully reviewed by an experienced legal adviser prior to you signing on the dotted line.
You cannot see what you are buying
The fact that you cannot see what you are actually buying makes the level of detail in the contract so much more important. Also, developers often want to reserve the right to alter existing plans and to substitute inclusions in certain instances, so you need to understand your rights if these changes go too far and alter the character of the property you thought you were purchasing.
NSW legislation now requires a disclosure statement that includes a plan be attached to the contract for sale, and protection for ‘off the plan’ buyers in this realm is set to increase further with the parliament proposing the additional requirement of attaching, amongst other things, a schedule of finishes. Prior to completion, vendors are now required to give notice to the buyer of any material changes to the disclosure statement and provide the buyer with a registered plan and any other documents registered with it. Buyers will be able to rescind the contract and get their deposit back if they can establish that they would not have entered into the contract if they had been aware of the changes or inaccuracies
What can you do if the property is not completed on time?
“Off the plan” contracts will usually have a clause stating that the developer will do their best to complete the project by a certain date, often referred to as the “Sunset date”. If the property is not completed by the Sunset date, then ‘off the plan’ contracts usually allow either the purchaser or the developer to cancel the contract. There are usually provisions in the contract to allow the vendor to extend the sunset date under certain circumstances.
Money, money, money…
You should also think carefully about whether your financial circumstances are likely to change in a way that would impact on your ability to get finance to complete the purchase when the time comes. Also, you need to factor in paying stamp duty which will be due the earlier of either 12 months after the contract date or the completion date for owner occupiers and 3 months after the contract date for investors.
We can help
If you are thinking about buying an “off the plan” property, please don’t hesitate to get in touch with our property law expert, Monique Smiles on 4929 3995.
The post Buying Off The Plan appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

Buying your first home is a huge deal. No doubt you have never taken on such a large debt before in your life, and you may be feeling unsure about all the legal jargon and the steps involved in the purchase, too.
For example, you may be wondering:
What is conveyancing?
Conveyancing is the term given to the legal process of transferring the title of a property from the vendor to the purchaser. This legal process involves giving pre-purchase advice on the contract, the work done between exchange of contracts and settlement and the time and directly following settlement, too. This process happens whether you are buying your first home or selling your house.
Why is pre-purchase legal advice so important?
Once you have paid the deposit and both you and the vendor have given each other signed contracts of sale of the property, you are said to have exchanged contracts. When this occurs, both you and the vendor are bound by all of the terms in the contract. This means that it is vital that you have a solicitor review the contract to identify any clauses that may be against your interests and to advise you to include certain clauses to protect yourself. In addition, the solicitor will be able to identify if there are any issues with the land itself that you may not have been aware of, such as restricted use of the land, being in a mine subsidence area or any uncertified renovations or swimming pools.
What is the “cooling off” period?
The standard contract for the purchase of land provides for the purchaser to be able to terminate the contract within 5 days of exchange without incurring a penalty (you might be required to forfeit the holding deposit if paid). If you are purchasing at an auction, however, there is no cooling off period. The parties might agree to waive the cooling off period or extend the period.
What will my solicitor need to do between exchange and settlement?
During the time between exchange and settlement, your solicitor will need to conduct all their due diligence inquires – checking that all of the documentation is in order. They will also liaise with your lenders and prepare the settlement figures, making sure that all of the necessary information has been placed into the online portal ready for settlement.
Will they need to contact me a lot?
Many First Home Buyers start to get nervous between exchange and settlement because they haven’t heard from their solicitor. However, in conveyancing, no news is generally good news, and your solicitor is quietly working away in the background getting everything ready.
As the settlement date approaches, your solicitor will prepare a settlement sheet. This lists all the monies that are to be paid to various parties at settlement including things such as working out adjustments that need to be made to the settlement monies for council and water rates so that you take over the property with no debts attached to it.
Around this time, monies for stamp duty will be required to be paid in preparation for settlement.
Almost all settlements these days take place online, and you are not required to attend at all. Your solicitor will call you to let you know when it has settled, and the vendor’s solicitor will let the real estate agent know that they can release the keys to you.
Still got questions?
Don’t’ hesitate to get in touch with our property law expert, Monique Smiles on 4929 3995 who is always happy to answer your questions and can help guide you through the process of buying your first home.
The post Buying your first home – steps in conveyancing appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

Helping your children buy a home – or borrowing from the Bank of Mum and Dad – what happens if their relationship breaks down?
High home prices mean that more and more parents are helping their children pay the deposit for their first home. Last year, 55% of first home buyers received financial assistance from family. The “Bank of Mum and Dad” was estimated to have provided finance of around $20 billion.
Giving our children financial assistance if we can afford it makes sense, and we all want to see our children get ahead, but there are risks you should be aware of if your child’s relationship breaks down.
An important distinction – was the money a gift or a loan?
When a divorcing or separating couple come before the Family Court for a property settlement, the Court first needs to determine the assets and liabilities of the couple.
If the money you have provided for a house deposit is regarded by the Court as a gift, then this money will form part of the assets of the separating and divorcing couple. The Court will, however, likely regard the money as a contribution made by your child and, depending on how long ago the money was gifted and what it was used for, the Court may make an adjustment in the settlement figures in your child’s favour to reflect this. However, there is no guarantee that your child would be awarded the benefit of the full amount of the money.
However, if the Court determines that the money was a loan from you to your child, from the “Bank of Mum and Dad”, then it would be seen as a liability. This would reduce the amount available for division between your child and their partner. Usually, your child will indemnify their partner against liability for the debt to you as part of the property settlement. The fact that they take on the debt will mean that they will receive more of the assets available for distribution.
You need to document it
If the money that you provide to your child is a loan, then you should document it with a Loan Agreement. The Loan Agreement needs to provide for things such as:

The amount loaned
The terms of repayment (it could state that the money is repayable in full in the event of that your child separates from their partner)
Payment of interest

If there is no document, then you might struggle to prove that the money provided was a loan, unless there have been regular loan repayments.
I’ve already given my child money – what can I do?
If you have already provided money to your child, it is not too late to take steps to ensure that it stays in the family. You could organise for your child to repay the money that you have given to them, and then enter into a formal Loan Agreement for the same amount of money before transferring the money back to them. In the event that this is not possible, you could execute a Deed of Acknowledgment of Loan, whereby the money is acknowledged as a debt owing to you.
We can help
If you are thinking about helping your children out financially or if you are experiencing a relationship breakdown, don’t hesitate to get in touch with our Accredited Family Specialist, Alan Wright on 4929 3995.
The post The Bank of Mum and Dad and your Property Settlement appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

The NSW Government has adopted the First Home Buyer Assistance Scheme. This Scheme allows certain first home buyers to claim a stamp duty exemption or concession on their purchases, and relates to buying an existing home, new home or vacant land in which a home is to be built.
A first home buyer can apply for a full stamp duty exemption for homes valued less than $650,000.00. For homes valued between $650,000.00 and $800,000.00, the first home buyer can apply for a stamp duty concession (reduced stamp duty). The amount is dependent on the value of the home.
In respect to vacant land, a first home buyer can apply for a full stamp duty exemption for land valued less than $350,000.00. For land that is valued between $350,000.00 and $450,000.00, a first home buyer can apply for a stamp duty concession.
In order to be eligible to apply for an exemption or concession, you must satisfy the following:

The date of the Contract is on or after 1 July 2017;
You are an individual and above the age of 18 years;
You must not have owned property and never have received an exemption or concession previously;
You must be an Australian Citizen or permanent resident (if purchasing with another, this only applies to at least one first home buyer); and
You must move into the property within 12 months after purchasing the property and live in the property for at least six continuous months (this just needs to apply to at least one first home buyer). If you are a member of the Defence Force and the other persons your purchasing the property with are on the NSW electoral roll, then you are not required to meet the living requirements.

If you are purchasing a property with another person who is not eligible for the scheme, you can still be eligible if you are purchasing at least 50% of the property.
If circumstances change and you are unable to move into the property within the prescribed period and/or live in the property for at least six continuous months, you are no longer eligible under the scheme and will be required to be pay the outstanding stamp duty applicable. Non-disclosure of your change of circumstances can result in further penalties being imposed.
The NSW Government has also adopted the First Home Owner Grant (New Homes) Scheme. This scheme allows for a first home buyer who is buying or building a new home to apply for a $10,000.00 grant.
In order to be eligible for the grant, there must be a contract to purchase a new home, building contract or it applies to an owner building their own home. The purchase price of the new home must be less than $600,000.00 and in respect to purchasing land to build a new home, the total price of the land and home must not exceed $750,000.00.
Similar to that of the stamp duty exemption and concession outlined above, the first home buyer must meet the following criteria to be eligible:

You are an individual and above the age of 18 years;
You or your spouse must not have owned property and never have received the grant previously;
You must be an Australian Citizen or permanent resident (this just needs to apply to at least one first home buyer); and
You must move into the property within 12 months after purchasing the property and live in the property for at least six continuous months (this just needs to apply to at least one first home buyer). If you are building a new home, then you have 12 months after construction is complete. If you are a member of the Defence Force and the other persons your purchasing the property with are on the NSW electoral roll, then you are not required to meet the six months living requirement.

If a first home buyer purchases an existing home that has been significantly renovated (majority of the house has been removed or replaced) and has not been lived in since the renovations, then the first home buyer, if they satisfy the above requirements, will also be eligible to make a claim for the grant.
If circumstances change and you are unable to move into the property within the prescribed period and/or live in the property for at least six continuous months, you are no longer eligible and will be required to repay the grant. Non-disclosure of your change of circumstances can result in further penalties being imposed.
Ordinarily, your financial institute will assist with applying for the grant. In the event that you require assistance with the grant and/or applying for a stamp duty exemption or concession as a first home buyer, please contact our property team on 02 4929 3995.
The post I am a first home buyer – what am I entitled to? appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

Hearings of the Royal Commission into Aged Care Quality and Safety were held in Adelaide during February and March with more than 28 key witnesses taking part.
The first public hearings in February focused on key features of the aged care, quality, safety and complaints system, how that system works in practice and at a general level. During March the focus was on aged care in the home.
Underlying themes and issues
Senior Counsel Assisting, Mr Peter Gray QC, said the following issues were highlighted by the evidence presented at the hearings:

How the current aged care system is failing to meet community expectations.
The impact of Australia’s changing demographics on the aged care system.
Specific clinical concerns arise in caring for older people, including the skills required of doctors, nurses and personal care attendants.
Creating an aged care sector which properly cares for Australians with dementia.
The current aged care funding model and proposed alternate approaches to managing the funding of aged care.
The importance of an aged care system which values the choices of individuals receiving care and is people-centric.
Aged care staff resourcing, quantity and quality.

The stats speak for themselves
The number of Australians over 85 is expected to double by 2066, according to Justine Boland of the Australian Bureau of Statistics. Their number will increase from 2.2% to 4.4% of the population.
The number of people with dementia continues to increase. Dementia Australia Chief Executive Maree McCabe said there were about 436,000 Australians living with dementia today and by 2050 that number would surge to 1.1 million.
Mr Paul Versteege, Policy Manager of the Combined Pensioners and Superannuants Association, said that the inability to access aged care because of the vast undersupply of places and packages is itself a safety issue. The Commonwealth Department of Health spent about $18 billion on aged care in 2017, with $12.2 billion of that going to residential care. Over 83,500 beds will be needed in the next 10 years, according to Mr Richter of the Aged Care Guild.
Associate Professor Edward Strivens, President of the Australian and New Zealand Society for Geriatric Medicine, told the Commission that psychotropic drugs (antidepressants, antipsychotics and sedatives) are often the first port of call to restrict or sedate movements. He said they should be used as a last resort and the reasons behind behaviour needed to be looked at.  “When all you have is a hammer, every problem looks like a nail,” Associate Professor Strivens told the Commission. Medications were also causing more falls, strokes and deaths.
International studies have found that about 80% of residents are prescribed psychotropic medications, with 10-20% efficacy rate. Last month, Commonwealth Minister for Aged Care Ken Wyatt announced new regulations around the use of physical and chemical restraints in nursing homes.
Aged and Community Services Australia Chief Executive Patricia Sparrow said the workforce needed to triple by 2050 in order to meet the needs of an ageing population. Attracting, retaining and training staff is problematic. Staff are underpaid; remuneration and funding are said to be inadequate.
Elder abuse is an important area to be addressed by the Royal Commission. The Department of Health confirmed there were 3,773 reported assaults in 2017/18, with those numbers likely the tip of the iceberg according to Paul Versteege.
Home care
The Adelaide Aged Care Royal Commission heard evidence regarding the difficulties in accessing Commonwealth funded Home Care packages. These assist with household modifications such as shower fittings plus shopping, groceries and medication supply. Average waiting periods are 18 to 24 months, which Professor McCallum of Seniors Australia described as a “running sore” and “profoundly critical failure.” A person assessed by the Aged Care Assessment Team at Level 2 might require Level 4 assistance by the time the package arrived.
Dr Sarah Russell of Aged Care Matters this month published ‘Older People Living Well
with In-Home Support’. The report documents her research on the Commonwealth Home Support Programme and has feedback from recipients of home care. Dr Russell identified several systemic problems with home care packages, including:

Inability to access reliable information
High fees
Unclear financial statements
No benchmark for costs (e.g. hourly rates)
Lack of audits
Poor quality of some services
Poor communication
Staffing issues – inadequate training, insufficient numbers, high turnover of case managers and support workers
Ineffective complaints system
Policy of full cost recovery

Future hearings in 2019
The Aged Care Royal Commission will conduct hearings in all capital cities, plus several regional locations, from May through to December. The location of each hearing will be announced progressively during the year as arrangements are finalised.
Catherine Henry Lawyers look forward to the Commission examining these important issues further. Be sure to follow along as we provide regular updates on our blog page.
The post Adelaide hearings of the Royal Commission now complete appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

Helping your children buy a home – or borrowing from the Bank of Mum and Dad – what happens if their relationship breaks down?
High home prices mean that more and more parents are helping their children pay the deposit for their first home. Last year, 55% of first home buyers received financial assistance from family. The “Bank of Mum and Dad” was estimated to have provided finance of around $20 billion.
Giving our children financial assistance if we can afford it makes sense, and we all want to see our children get ahead, but there are risks you should be aware of if your child’s relationship breaks down.
An important distinction – was the money a gift or a loan?
When a divorcing or separating couple come before the Family Court for a property settlement, the Court first needs to determine the assets and liabilities of the couple.
If the money you have provided for a house deposit is regarded by the Court as a gift, then this money will form part of the assets of the separating and divorcing couple. The Court will, however, likely regard the money as a contribution made by your child and, depending on how long ago the money was gifted and what it was used for, the Court may make an adjustment in the settlement figures in your child’s favour to reflect this. However, there is no guarantee that your child would be awarded the benefit of the full amount of the money.
However, if the Court determines that the money was a loan from you to your child, from the “Bank of Mum and Dad”, then it would be seen as a liability. This would reduce the amount available for division between your child and their partner. Usually, your child will indemnify their partner against liability for the debt to you as part of the property settlement. The fact that they take on the debt will mean that they will receive more of the assets available for distribution.
You need to document it
If the money that you provide to your child is a loan, then you should document it with a Loan Agreement. The Loan Agreement needs to provide for things such as:

The amount loaned
The terms of repayment (it could state that the money is repayable in full in the event of that your child separates from their partner)
Payment of interest

If there is no document, then you might struggle to prove that the money provided was a loan, unless there have been regular loan repayments.
I’ve already given my child money – what can I do?
If you have already provided money to your child, it is not too late to take steps to ensure that it stays in the family. You could organise for your child to repay the money that you have given to them, and then enter into a formal Loan Agreement for the same amount of money before transferring the money back to them. In the event that this is not possible, you could execute a Deed of Acknowledgment of Loan, whereby the money is acknowledged as a debt owing to you.
We can help
If you are thinking about helping your children out financially or if you are experiencing a relationship breakdown, don’t hesitate to get in touch with our Accredited Family Specialist, Alan Wright on 4929 3995.
The post The Bank of Mum and Dad and your Property Settlement appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

Buying your first home is a huge deal. No doubt you have never taken on such a large debt before in your life, and you may be feeling unsure about all the legal jargon and the steps involved in the purchase, too.
For example, you may be wondering:
What is conveyancing?
Conveyancing is the term given to the legal process of transferring the title of a property from the vendor to the purchaser. This legal process involves giving pre-purchase advice on the contract, the work done between exchange of contracts and settlement and the time and directly following settlement, too. This process happens whether you are buying your first home or selling your house.
Why is pre-purchase legal advice so important?
Once you have paid the deposit and both you and the vendor have given each other signed contracts of sale of the property, you are said to have exchanged contracts. When this occurs, both you and the vendor are bound by all of the terms in the contract. This means that it is vital that you have a solicitor review the contract to identify any clauses that may be against your interests and to advise you to include certain clauses to protect yourself. In addition, the solicitor will be able to identify if there are any issues with the land itself that you may not have been aware of, such as restricted use of the land, being in a mine subsidence area or any uncertified renovations or swimming pools.
What is the “cooling off” period?
The standard contract for purchase of land provides for the purchaser to be able to terminate the contract within 5 days of exchange without incurring a penalty. This means that you will be able to cancel the contract and get your deposit back. If you are purchasing at an auction, however, there is no cooling off period.
What will my solicitor need to do between exchange and settlement?
During the time between exchange and settlement, your solicitor will need to conduct all their due diligence inquires – checking that all of the documentation is in order. They will also liaise with your lenders and prepare the settlement figures, making sure that all of the necessary information has been placed into the online portal ready for settlement.
Will they need to contact me a lot?
Many First Home Buyers start to get nervous between exchange and settlement because they haven’t heard from their solicitor. However, in conveyancing, no news is generally good news, and your solicitor is quietly working away in the background getting everything ready.
About 10 days before settlement, you can expect to receive what is known as a “settlement sheet”. This lists all the monies that are to be paid to various parties at settlement including things such as working out adjustments that need to be made to the settlement monies for council and water rates so that you take over the property with no debts attached to it.
Around this time, you will also be required to deposit the stamp duty money into the trust account in preparation for settlement.
Almost all settlements these days take place online, and you are not required to attend at all. Your solicitor will call you to let you know when it has settled, and the vendor’s solicitor will let the real estate agent know that they can release the keys to you.
Still got questions?
Don’t’ hesitate to get in touch with our property law expert, Monique Smiles on 4929 3995 who is always happy to answer your questions and can help guide you through the process of buying your first home.
The post Buying your first home – steps in conveyancing appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

Buying a property “off the plan” allows you to secure a property – that may not yet be built – at today’s prices and that does not need to be fully paid for immediately. It usually means that you can also have a say in the interior finishes, too. In addition, these properties are often somewhat cheaper than similar properties that are ready for occupation as a reward for locking in your purchase early and sight unseen.
Despite these clear possible advantages, those purchasing “off the plan” properties should always proceed with caution and be aware of the following:
There is no “standard contract” for “off the plan” purchases
All contracts for buying real estate should be thoroughly reviewed, even “standard contracts” for existing properties, but for “off the plan” purchases, each contract will be completely unique, and it is even more vital that the contract is carefully reviewed by an experienced legal adviser prior to you signing on the dotted line.
You cannot see what you are buying
The fact that you cannot see what you are actually buying makes the level of detail in the contract so much more important. Also, developers often want to reserve the right to alter existing plans and to substitute inclusions in certain instances, so you need to understand your rights if these changes go too far and alter the character of the property you thought you were purchasing.
NSW legislation now requires a disclosure statement that includes a plan be attached to the contract for sale, and protection for ‘off the plan’ buyers in this realm is set to increase further with the parliament proposing the additional requirement of attaching, amongst other things, a schedule of finishes. At least 21 days prior to completion, vendors are now required to give notice to the buyer of any material changes to the disclosure statement and provide the buyer with a registered plan and any other documents registered with it. Buyers will be able to rescind the contract and get their deposit back if they can establish that they would not have entered into the contract if they had been aware of the changes or inaccuracies
What can you do if the property is not completed on time?
“Off the plan” contracts will usually have a clause stating that the developer will do their best to complete the project by a certain date, often referred to as the “Sunset date”. If the property is not completed by the Sunset date, then ‘off the plan’ contracts usually allow either the purchaser or the developer to cancel the contract. In order to protect “off the plan” purchasers, legislation was introduced in 2015 requiring developers to give you 28 days’ notice in writing of their intention to rescind the contract, and they can only do so if you agree to it or if they get an order of the Supreme Court of NSW permitting the rescission.
 Money, money, money…
You should also think carefully about whether your financial circumstances are likely to change in a way that would impact on your ability to get finance to complete the purchase when the time comes. Also, you need to factor in paying stamp duty which will be due the earlier of either 15 months after the contract date or the completion date for owner occupiers and 3 months after the contract date for investors.
We can help
If you are thinking about buying an “off the plan” property, please don’t hesitate to get in touch with our property law expert, Monique Smiles on 4929 3995.
The post Buying Off The Plan appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.

The NSW Government has adopted the First Home Buyer Assistance Scheme. This Scheme allows certain first home buyers to claim a stamp duty exemption or concession on their purchases, and relates to buying an existing home, new home or vacant land in which a home is to be built.
A first home buyer can apply for a full stamp duty exemption for homes valued less than $650,000.00. For homes valued between $650,000.00 and $800,000.00, the first home buyer can apply for a stamp duty concession (reduced stamp duty). The amount is dependent on the value of the home.
In respect to vacant land, a first home buyer can apply for a full stamp duty exemption for land valued less than $350,000.00. For land that is valued between $350,000.00 and $450,000.00, a first home buyer can apply for a stamp duty concession.
In order to be eligible to apply for an exemption or concession, you must satisfy the following:

The date of the Contract is on or after 1 July 2017;
You are an individual and above the age of 18 years;
You must not have owned property and never have received an exemption or concession previously;
You must be an Australian Citizen or permanent resident (if purchasing with another, this only applies to at least one first home buyer); and
You must move into the property within 12 months after purchasing the property and live in the property for at least six continuous months (this just needs to apply to at least one first home buyer). If you are a member of the Defence Force and the other persons your purchasing the property with are on the NSW electoral roll, then you are not required to meet the living requirements.

If you are purchasing a property with another person who is not eligible for the scheme, you can still be eligible if you are purchasing at least 50% of the property.
If circumstances change and you are unable to move into the property within the prescribed period and/or live in the property for at least six continuous months, you are no longer eligible under the scheme and will be required to be pay the outstanding stamp duty applicable. Non-disclosure of your change of circumstances can result in further penalties being imposed.
The NSW Government has also adopted the First Home Owner Grant (New Homes) Scheme. This scheme allows for a first home buyer who is buying or building a new home to apply for a $10,000.00 grant.
In order to be eligible for the grant, there must be a contract to purchase a new home, building contract or it applies to an owner building their own home. The purchase price of the new home must be less than $600,000.00 and in respect to purchasing land to build a new home, the total price of the land and home must not exceed $750,000.00.
Similar to that of the stamp duty exemption and concession outlined above, the first home buyer must meet the following criteria to be eligible:

You are an individual and above the age of 18 years;
You or your spouse must not have owned property and never have received the grant previously;
You must be an Australian Citizen or permanent resident (this just needs to apply to at least one first home buyer); and
You must move into the property within 12 months after purchasing the property and live in the property for at least six continuous months (this just needs to apply to at least one first home buyer). If you are building a new home, then you have 12 months after construction is complete. If you are a member of the Defence Force and the other persons your purchasing the property with are on the NSW electoral roll, then you are not required to meet the six months living requirement.

If a first home buyer purchases an existing home that has been significantly renovated (majority of the house has been removed or replaced) and has not been lived in since the renovations, then the first home buyer, if they satisfy the above requirements, will also be eligible to make a claim for the grant.
If circumstances change and you are unable to move into the property within the prescribed period and/or live in the property for at least six continuous months, you are no longer eligible and will be required to repay the grant. Non-disclosure of your change of circumstances can result in further penalties being imposed.
Ordinarily, your financial institute will assist with applying for the grant. In the event that you require assistance with the grant and/or applying for a stamp duty exemption or concession as a first home buyer, please contact our property team on 02 4929 3995.
The post I am a first home buyer – what am I entitled to? appeared first on Lawyer Newcastle | Catherine Henry Lawyers Health and Relationship Lawyers.