Building & Construction Law
Building & Construction Law
Residential building work in NSW is primarily regulated under the Home Building Act 1989 NSW which is a consumer focused piece of legislation designed to protect homeowners. As a builder, you must be aware of your obligations.
We can assist builders with the following types of disputes
- Undertaking building and construction projects often introduces various legal intricacies.
- In NSW, residential building works are primarily regulated by the Home Building Act 1989 (NSW) and other relevant statutes like the more recent Design and Building Practitioners Act 2020. Specifically designed as a consumer protection legislation, the Home Building Act 1989 aims to safeguard homeowners’ rights. As a contractor engaging in residential building activities, you are expected to adhere to various provisions of this Act.
- At Greenline Legal, our expertise encompasses advising a diverse range of builders and trade contractors on their statutory responsibilities. This is particularly significant when the fair market cost and labour for the works exceed the prescribed statutory limit ($20,000). Determining the applicability of the Home Building Act entails a comprehensive examination, which includes a thorough review of the definition of residential building work. On occasion, the Act does not apply as the works by the contractor falls within exclusionary definition of residential building work.
- Depending on the scenario, such exemptions could be advantageous for you. For instance, floor installations in a unit, if not associated with any other work, do not fall under residential building work and are thereby exempted from the Act’s jurisdiction.
Frequently Asked Questions
Obtain the death certificate
Before proceeding with the probate application, you will need an official copy of the death certificate. This document confirms the passing of the deceased.
Locate the will
The original will is crucial to the probate process. Ensure you have the latest version and that it hasn’t been revoked. If you are unable to locate a will then we will prepare an application for a letters of administration.
Identify the executor
The executor is the person named in the will to handle the estate’s administration. If no executor is appointed or willing to act, the court will appoint an administrator who would be the deceased’s next of kin.
Assess the estate
Compile a list of the deceased’s assets, including property, bank accounts, investments, and personal possessions. Likewise, list any outstanding debts or liabilities.
Valuation of assets
Obtain professional valuations of the estate’s assets, especially if it involves complex or valuable properties.
Attend our office to sign the probate application
We will complete the forms for the probate application accurately and thoroughly, and request that you attend our office to sign the documents. During this meeting you will need to provide additional documents such as the death certificate, the original will, asset valuations, and any other required paperwork.
Pay the probate fee
| Probate (less than $100,000) | nil |
| Probate ($100,000 or more, but less than $250,000) | $863.00 |
| Probate ($250,000 or more, but less than $500,000) | $1,171.00 |
| Probate ($500,000 or more, but less than $1,000,000) | $1,797.00 |
| Probate ($1,000,000 but less than $2,000,000.00) | $2,394.00 |
| Probate ($2,000,000 or more but less than $5,000,000.00) | $3,991.00 |
| Probate ($5,000,000 or more) | $6,652.00 |
Submit the application
We will submit the completed application and supporting documents to the Probate Registry on your behalf.
Wait for the grant
The processing time for a grant of probate can vary, but currently the Supreme Court processing time is 3-4 months. During this period, the court will review the application and supporting materials.
Receive the grant of probate
Once approved, you will receive the grant of probate. This document is your legal authority to act as the executor and manage the estate.
Administer the estate
With the grant of probate, you can now distribute the assets as per the instructions in the will and settle any outstanding debts or taxes.
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Thaer Burbar
Property Specialist
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