North Strathfield, Sydney · Est. Allenby Legal

Where legal precision
meets financial
intelligence

Allenby Legal brings together rare dual qualification in law and chartered accountancy — delivering specialist advice across commercial, tax, small business, wills & estates, and property law from our North Strathfield offices.

Practice Areas

  • Commercial Law
  • Tax Law & Structuring
  • Small Business Law
  • Wills & Estates
  • Property Law

A rare combination of
expertise and precision

01

Dual Qualified

Our practice combines solicitor expertise with chartered accountancy — giving you integrated legal and financial advice that most law firms simply cannot offer. This dual lens is especially powerful for tax matters, commercial transactions, and estate planning.

02

15+ Years Specialist Experience

Deep domain expertise in commercial and tax law, built across private practice, boutique advisory, and in-house institutional roles. We bring a sophistication to complex matters that generalist firms cannot replicate.

03

Partner-Level Attention

As a specialist sole practice, your matter is handled directly by a senior qualified professional — not passed to a junior. Every client receives thoughtful, considered advice from the outset, regardless of the size of the matter.

04

Commercially Minded

We understand that legal advice must serve business objectives. Our recommendations are grounded in practical commercial reality — not theoretical legal positions that create obstacles rather than solutions.

05

Western Sydney Specialists

Based in North Strathfield, we serve clients across the Inner West, Strathfield, Burwood, Auburn, and greater Western Sydney — with fee structures and accessibility that reflect the needs of our community.

06

Transparent Pricing

Fixed-fee arrangements available for many services. We discuss costs openly at the outset so there are no surprises. Our advice is competitively priced without compromising the quality of a specialist firm.

Specialist services for every legal need

From complex commercial transactions and tax structuring to protecting your family's future through estate planning — Allenby Legal provides the full legal and financial service spectrum that growing businesses and individuals in Sydney need.

Commercial Law

Contracts, corporate structuring, joint ventures, shareholders agreements for businesses of all sizes.

Tax Law

Tax structuring, ATO disputes, SMSF, entity planning, and specialist advice for high-net-worth individuals and business entities.

Small Business

Business setup, commercial leasing, employment agreements, franchise matters, and day-to-day legal support for SMEs.

Wills & Estates

Wills, powers of attorney, estate administration, probate, and succession planning with tax-integrated estate structuring.

Property Law

Residential and commercial conveyancing, property development, easements, stamp duty advice, and off-the-plan transactions.

Allenby Legal — built on deep specialist expertise

Allenby Legal is a specialist Sydney law firm founded to serve clients who need more than generalist legal advice. Our practice was built on the conviction that the most valuable legal counsel integrates both the law and the financial consequences of every decision.

Based in North Strathfield, we serve individuals, families, small businesses, and corporate clients across Sydney's Inner West and Western Sydney corridors. Our team combines legal and chartered accountancy qualifications that are genuinely rare in the Australian legal market.

15+
Years Experience
2x
Dual Qualified
5
Practice Areas
NSW
Sydney Based

The team at Allenby Legal

Priya Gangatharan — Principal Solicitor, Allenby Legal

Priya Gangatharan

Principal Solicitor

Dual-qualified solicitor and chartered accountant with over 15 years of specialist experience in commercial law, tax advisory, and estate planning. Priya brings an institutional-grade sophistication to every client engagement, whether advising ASX-listed companies or individual families planning their estates.

Aaron Kim — Paralegal, Allenby Legal

Aaron Kim

Paralegal

Aaron supports the practice across commercial, property, and wills matters. His meticulous approach to document preparation and transaction management ensures clients experience smooth, timely progress on their matters.

Sabina Sharma — Paralegal, Allenby Legal

Sabina Sharma

Paralegal

Sabina manages client liaison, estate administration support, and compliance documentation. Her attention to detail and client-centred approach ensure that every matter is handled with care and efficiency from start to finish.

What our clients say

"

Allenby Legal's dual expertise in law and accounting was invaluable when we restructured our investment trust. They identified tax outcomes that our previous advisers had completely missed. The advice paid for itself many times over.

Managing Director, Sydney Family Office Tax & Commercial Structuring
"

We engaged Allenby Legal for our commercial lease and business purchase. The level of detail and commercial savvy in their advice was remarkable — they negotiated terms we didn't know were even on the table. A genuinely outstanding firm.

Director, Western Sydney Hospitality Group Commercial Law & Small Business
"

After a confusing experience with a generalist firm, Allenby Legal's approach to our estate planning was refreshing. They explained every decision, integrated our superannuation and tax position, and produced a plan that genuinely works for our family.

Retired Couple, Inner West Sydney Wills, Estates & Succession Planning

North Strathfield

Our home base. Serving the local community with specialist legal and tax advice close to home.

Strathfield & Burwood

Trusted by businesses and families across the Strathfield and Burwood LGAs for over two decades.

Inner West Sydney

Commercial, property, and estate matters for clients throughout Ashfield, Concord, Five Dock, and beyond.

Greater Western Sydney

Accessible specialist legal services for clients across Parramatta, Auburn, Homebush, and the broader region.

Book a consultation with Allenby Legal

We'd love to hear from you

Whether you have a specific legal matter in mind or simply want to explore how our expertise can help you, we welcome an initial conversation. Initial consultations allow us to understand your needs and provide a clear sense of how we can assist.

Office Address

1/5 George Street
North Strathfield NSW 2137

Phone

0493 118 980

Practice Area

Commercial Law
Sydney Solicitors

Specialist commercial legal advice for businesses across Sydney — from start-up to established enterprise. Allenby Legal brings an integrated legal and accounting lens to every commercial matter.

Need urgent commercial advice?

Our North Strathfield office provides responsive commercial law services for Sydney businesses. Enquire today for an initial consultation.

Commercial Law Services in Sydney

Allenby Legal provides comprehensive commercial law advice to businesses and entrepreneurs across Sydney and NSW. Our practice is distinguished by its dual legal and chartered accountancy qualification — meaning commercial contracts and structures are always reviewed through both a legal and financial lens. This integrated approach routinely identifies risks and opportunities that a purely legal analysis would miss.

Whether you are entering a major commercial contract, acquiring a business, restructuring your corporate group, or resolving a commercial dispute, Allenby Legal delivers precise, commercially astute advice that serves your business objectives.

Commercial Contracts & Agreements

Commercial contracts are the foundation of every business relationship. We draft, review, and negotiate a full range of commercial agreements — from simple supply contracts to complex, multi-party arrangements. Our approach to contract drafting is meticulous: every clause is considered for its commercial, legal, and tax implications before it reaches your counterparty.

  • Supply and distribution agreements
  • Service and consultancy agreements
  • Joint venture agreements
  • Shareholders and unitholders agreements
  • Confidentiality and non-disclosure agreements (NDAs)
  • Licensing and intellectual property agreements
  • Partnership and agency agreements

Corporate Structuring & Business Acquisitions

Getting your corporate structure right from the outset — or restructuring as your business grows — has profound legal, operational, and tax consequences. Our dual legal and accounting expertise makes Allenby Legal particularly well-placed to advise on structuring decisions that must balance asset protection, tax efficiency, and governance requirements. We advise on business acquisitions and sales, including due diligence, sale agreements, and post-completion integration.

  • Company and trust establishment and restructuring
  • Business sale and acquisition (asset and share sales)
  • Due diligence reviews
  • Corporate governance frameworks
  • Director and shareholder disputes

Commercial Dispute Resolution

When commercial relationships break down, you need a legal team that understands the business and financial stakes — not just the legal arguments. We advise on breach of contract claims, shareholder disputes, partnership dissolution, and debt recovery. Our preference is for early, cost-effective resolution — whether through negotiation, mediation, or, where necessary, litigation support.

Why Choose Allenby Legal for Commercial Law?

Sydney has many commercial law firms. What distinguishes Allenby Legal is the depth of our specialist knowledge combined with the accessibility and attention of a boutique practice. Every commercial matter is handled by a senior, dual-qualified professional — not delegated to a junior associate. Our North Strathfield base means we are conveniently located for businesses across the Inner West and Western Sydney, with fees structured to reflect the commercial realities of our market.

Commercial Law — Frequently Asked Questions

Do I need a lawyer to review a commercial contract? +
While you are not legally required to have a lawyer review a contract, failing to do so carries real risk. Commercial contracts are legally binding documents — even clauses that appear standard can have significant financial consequences. At Allenby Legal, our commercial contract reviews are thorough, efficient, and priced competitively. We explain every issue in plain language and recommend practical amendments.
What is the difference between a share sale and an asset sale? +
In a share sale, you buy the company itself — including all its assets, liabilities, contracts, and history. In an asset sale, you buy specified assets of a business rather than the entity. Each structure has different legal, tax, and commercial implications for buyer and seller. Allenby Legal's dual legal and accounting expertise is particularly valuable in this analysis.
How long does a business acquisition typically take? +
A straightforward small business acquisition can be completed in 4–8 weeks. More complex transactions with detailed due diligence, regulatory approvals, or financing conditions typically take 3–6 months. Allenby Legal works efficiently to move transactions forward without sacrificing necessary rigour.
Can Allenby Legal help with commercial disputes without going to court? +
Absolutely. Most commercial disputes can and should be resolved without litigation. We actively pursue negotiated settlements, formal mediation, and other alternative dispute resolution mechanisms that are faster, less expensive, and less damaging to business relationships than court proceedings. Litigation support is available where necessary.
Practice Area

Tax Law &
Structuring Advice

Specialist tax law and structuring advice from a dual-qualified solicitor and chartered accountant. One of Sydney's genuinely rare practices combining legal and accounting qualifications — delivering integrated advice that most firms cannot offer.

Specialist Tax Legal Advice

Unlike most tax lawyers, our principal is also a chartered accountant. This makes a material difference in the quality and commerciality of tax advice.

Tax Law Services — Sydney Specialist

Allenby Legal is one of Sydney's genuinely specialist tax law practices. Our principal solicitor holds both a legal qualification and a chartered accountancy designation — a combination that is rare in Australian private practice and that materially elevates the quality of tax advice we provide. Tax law without deep accounting knowledge frequently misses the financial substance that matters most to clients.

Our tax practice covers the full spectrum from tax structure advice and entity planning through to personal tax planning, restructuring, and ATO audit and dispute management. We serve high-net-worth individuals, family trusts, self-managed superannuation funds (SMSFs), investment funds, and corporate groups.

Tax Structuring & Investment Advice

This is the area of deepest expertise at Allenby Legal — built over 15 years across private practice and institutional roles. We advise on the tax treatment of managed investment schemes, unit trusts, listed investment companies, and private fund structures.

  • Investment trust structuring and taxation
  • Unit trust and discretionary trust taxation
  • SMSF establishment, structuring, and tax compliance
  • Capital gains tax (CGT) planning and concessions
  • Division 7A and related-party loans
  • Carry forward losses and tax consolidation

Tax Structuring & Entity Planning

The right legal structure for your wealth or business — whether a company, trust, partnership, or combination — has profound and lasting tax consequences. We analyse structuring options across both their legal and tax dimensions, providing advice that is integrated rather than siloed. This is particularly valuable for business owners, property investors, and high-net-worth individuals with complex affairs.

  • Corporate group structuring and consolidation
  • Family trust establishment and taxation
  • Property ownership and tax structures
  • Business succession and exit tax planning
  • Negative gearing and investment property tax advice
  • Income splitting and asset protection structures

ATO Disputes & Objections

An ATO audit or amended assessment can be a stressful and financially significant event. Allenby Legal provides authoritative representation in ATO disputes — from responding to risk reviews and audit requests through to formal objections and appeals in the Administrative Review Tribunal. Our deep knowledge of tax law and ATO administrative practices means we engage effectively with the ATO on your behalf.

  • ATO audit response and management
  • Objections to amended assessments
  • Private binding ruling applications
  • Voluntary disclosure management
  • Tax debt negotiation and payment plans

The Allenby Legal Difference in Tax

Most tax lawyers can read a tax statute. Very few can simultaneously analyse the accounting entries that underpin a transaction and understand why a particular tax outcome flows from them. Our chartered accountancy qualification means we routinely identify issues and opportunities that a purely legal approach misses. For complex tax matters, this difference is material.

Tax Law — Frequently Asked Questions

What is the difference between a tax lawyer and a tax accountant? +
A tax lawyer provides legal advice on tax obligations, disputes, and structuring — with authority to represent clients before courts and tribunals. A tax accountant typically focuses on compliance, returns, and bookkeeping. Allenby Legal's principal holds both qualifications, providing advice that integrates legal and financial perspectives — something neither a lawyer alone nor an accountant alone can offer.
When should I engage a tax lawyer rather than my accountant? +
A tax lawyer becomes essential when: you are facing an ATO audit or dispute; you need a private binding ruling; you are undertaking a significant transaction or restructure with material tax consequences; you have a complex trust or investment structure; or there is potential personal liability for tax obligations. For these matters, legal privilege (which accounting advice does not attract) is also an important consideration.
Is tax planning legal? +
Legitimate tax planning — arranging your affairs within the law to minimise tax — is entirely legal and is what we do at Allenby Legal. This is distinct from tax evasion (which is illegal) and tax avoidance schemes that rely on contrived arrangements (which may be targeted by Part IVA of the ITAA 1936). Our advice is always grounded in what the law permits and what can be sustainably maintained.
Do you advise on SMSF tax matters? +
Yes. Self-managed superannuation funds involve complex compliance obligations and present significant tax planning opportunities. We advise on SMSF establishment and structuring, pension strategies, contribution rules, investment restrictions, and the interaction between SMSF assets and estate planning. Our accounting background makes us particularly effective in this area.
Practice Area

Small Business
Legal Services Sydney

Practical, affordable legal support for Sydney small businesses — from start-up through to sale. We understand the pressures small business owners face and provide efficient, commercially focused advice that actually moves your business forward.

Small Business Legal Support

Fixed-fee arrangements available for many small business services. Speak to us about your needs and we'll provide a clear cost estimate upfront.

Legal Services for Small Business Owners in Sydney

Small businesses are the backbone of the Australian economy, and they deserve access to high-quality legal advice — not just whatever a generalist firm has available. Allenby Legal has built a specific practice focus on small and medium-sized enterprises (SMEs), providing the kind of commercially informed legal advice that helps businesses make better decisions, manage risk, and grow with confidence.

Our North Strathfield location makes us readily accessible to business owners across Western Sydney, the Inner West, and surrounding suburbs. We offer flexible engagement models including fixed-fee arrangements for predictable, budgetable legal support.

Business Setup & Structuring

The legal structure you choose when starting a business has lasting implications for liability, tax, and the ability to bring in partners or investors down the track. Many small business owners choose the wrong structure initially and pay the price in restructuring costs and tax inefficiency later. We provide clear, practical advice on your options — sole trader, partnership, company, or trust — and ensure the structure you choose matches your commercial objectives and growth plans.

  • Company incorporation and business name registration
  • Trust establishment (discretionary, unit, hybrid)
  • Partnership agreements and joint ventures
  • Shareholder and co-founder agreements
  • Business succession planning
  • Franchise agreements — entry and exit advice

Commercial Leasing for Small Business

Your commercial lease may be the most significant ongoing commitment your business makes. Yet many small business owners sign leases without independent legal review — often on terms weighted heavily in favour of the landlord. Allenby Legal reviews and negotiates commercial leases on behalf of tenants, identifying onerous clauses, seeking improved terms, and ensuring you understand the full extent of your obligations before you sign.

  • Commercial and retail lease review and negotiation
  • Disclosure statement review (Retail Leases Act)
  • Lease assignment on business sale
  • Lease renewal and option negotiation
  • Rent reduction and dispute resolution
  • Make-good obligations advice

Employment & Contractor Agreements

Employment law in Australia is complex and the consequences of getting it wrong — particularly misclassifying contractors or failing to meet Award obligations — can be significant. We draft and review employment contracts, consultant agreements, and restraint of trade clauses, and advise on the legal distinction between employees and contractors in light of recent High Court and legislative changes.

Business Sale & Purchase

Buying or selling a small business is one of the most significant transactions most business owners will undertake. We advise on all aspects of the transaction — from heads of agreement through due diligence, sale contracts, employee transfer obligations, lease assignment, and settlement. Our dual legal and accounting expertise is particularly valuable in assessing the tax implications of sale structures for both buyer and seller.

Day-to-Day Business Legal Support

Small businesses need ongoing legal support — not just for major transactions but for the day-to-day commercial and legal issues that arise in running a business. Allenby Legal is available as an ongoing trusted adviser for commercial contracts, customer and supplier disputes, regulatory compliance, and general business legal questions.

Small Business Law — Frequently Asked Questions

Should I operate my small business as a company or a trust? +
This is one of the most important decisions a small business owner makes, and the right answer depends on your specific circumstances — including the nature of the business, your personal tax position, asset protection needs, and future plans. Companies offer a flat 25% (base rate) tax rate and limited liability. Trusts offer flexible income distribution but have different liability and compliance requirements. Allenby Legal provides tailored advice on this question, integrating legal and tax considerations.
Do I need a lawyer to buy a small business? +
You are not legally required to use a lawyer, but the risks of not doing so are substantial. Business sale contracts contain many provisions that can expose buyers to significant liability — including warranties, indemnities, restraint of trade, and conditions on the transfer of key contracts and leases. A thorough legal review of a business purchase can prevent costly mistakes and is strongly recommended.
What protections exist for retail tenants in NSW? +
The Retail Leases Act 1994 (NSW) provides significant protections for retail tenants — including mandatory disclosure obligations on landlords, minimum five-year lease terms, limitations on certain outgoings, and dispute resolution through the NSW Small Business Commissioner. However, these protections are only useful if you know what they are. We advise retail tenants on their rights and ensure landlords comply with their obligations.
Can I use a template employment contract from the internet? +
You can, but it carries risk. Generic templates often fail to reflect the National Employment Standards correctly, don't account for the applicable Modern Award, and may include restraint of trade or intellectual property clauses that are unenforceable or poorly drafted. A properly drafted employment contract protects both you and your employee — and provides certainty about the terms of the relationship.
Practice Area

Wills, Estates &
Succession Planning

Thoughtful, integrated estate planning that protects your family's future. Our dual legal and accounting expertise means wills and succession plans are always designed with tax consequences in mind — not just legal formality.

Protect What Matters Most

A properly structured estate plan does far more than just distribute assets. It minimises tax, protects beneficiaries, and provides certainty for the people you love.

Wills, Estates & Succession Planning in Sydney

Estate planning is about more than writing a will. A comprehensive estate plan ensures that your assets pass to the right people, in the right way, at the right time — with the minimum possible tax cost and the maximum possible certainty. At Allenby Legal, we bring an integrated legal and accounting perspective to estate planning that most firms simply cannot replicate.

We serve individuals, couples, families, and business owners across Sydney — from straightforward wills for young families through to complex multi-generational succession plans involving trusts, superannuation, business interests, and international assets.

Wills & Testamentary Planning

Every adult should have a current, properly executed will. Without one — or with an outdated one — your estate may not pass as you intend, family members may face expensive and emotionally draining disputes, and significant tax and duty costs may apply unnecessarily. We draft wills that are legally robust, clearly expressed, and designed to achieve your specific objectives. We also advise on testamentary trusts — a powerful tool that can protect inheritance from relationship breakdown, protect minor beneficiaries, and deliver significant tax savings.

  • Simple and complex will drafting
  • Testamentary discretionary trusts
  • Superannuation death benefit nominations and strategies
  • Blended family estate planning
  • Charitable giving and specific bequests
  • International assets and cross-border estate issues

Powers of Attorney & Guardianship

Incapacity planning — ensuring that trusted people can manage your affairs and make medical decisions for you if you lose capacity — is as important as planning for death. NSW law provides for Enduring Powers of Attorney, Enduring Guardianship, and Advance Care Directives. We ensure these documents are properly executed and reflect your specific wishes and the particular needs of your family.

  • General and Enduring Powers of Attorney (NSW)
  • Enduring Guardianship appointments
  • Advance Care Directives
  • Capacity planning for elderly family members
  • Financial management orders (Guardianship Tribunal)

Estate Administration & Probate

When a loved one passes away, the legal and administrative process of distributing their estate can be complex and time-consuming — particularly at an already difficult time. We guide executors through the probate process efficiently and compassionately — from applying for a grant of probate through to the final distribution of estate assets.

  • Probate applications (NSW Supreme Court)
  • Letters of Administration (intestate estates)
  • Estate asset collection and distribution
  • Contested estates and family provision claims
  • Trust administration and wind-up

Tax-Integrated Estate Planning

Many estate plans are drafted without adequate consideration of the tax consequences — particularly capital gains tax, superannuation death benefits tax, and stamp duty on transfers of assets. Our chartered accountancy qualification means we always consider the tax dimension of estate plans — identifying structures and strategies that can legitimately reduce the tax cost of transferring wealth between generations. This integration of legal and tax advice is one of the most distinctive things Allenby Legal offers in this space.

Wills & Estates — Frequently Asked Questions

What happens if I die without a will in NSW? +
If you die without a valid will (intestate), your estate is distributed according to a statutory formula under the Succession Act 2006 (NSW) — not according to your wishes. The formula prioritises a spouse and children but may produce results that differ significantly from your intentions, particularly in blended family situations. Letters of Administration must also be obtained, which adds cost and delay to the administration process.
What is a testamentary trust and should I have one? +
A testamentary trust is a trust created by your will that comes into effect on your death. They can provide significant benefits — particularly for substantial estates: income can be distributed to beneficiaries (including minors) at lower marginal tax rates; assets are protected from beneficiary relationship breakdown or bankruptcy; and professional trustee arrangements can manage assets for young or vulnerable beneficiaries. They are particularly worth considering for estates exceeding $500,000 or where beneficiaries have complex needs.
Does my superannuation form part of my estate? +
Superannuation does not automatically form part of your estate — it is held in trust by your superannuation fund and is distributed according to your binding death benefit nomination (BDBN) or, if you have no valid nomination, at the trustee's discretion. This makes proper superannuation death benefit planning critical, particularly given the tax implications of benefits paid to non-dependent beneficiaries. Allenby Legal advises on BDBN strategies as part of comprehensive estate planning.
Can a family member challenge my will? +
Yes. Under the Succession Act 2006 (NSW), eligible persons — including a spouse, de facto partner, children (including adult children), and some former spouses — can bring a family provision claim if they believe they have not been adequately provided for by your estate. A well-drafted will with appropriate explanatory notes, combined with a proper estate plan, can reduce the risk of a successful claim, though it cannot eliminate it entirely.
Practice Area

Property Law &
Conveyancing Sydney

Experienced property law advice for residential and commercial transactions across Sydney. We provide rigorous conveyancing, property development advice, and stamp duty counsel — always with a clear eye on the financial as well as legal dimensions of your transaction.

Buying or Selling Property?

Don't sign a contract without legal review. Even residential property contracts in NSW contain provisions that may expose buyers to risk. We offer prompt contract review for time-sensitive transactions.

Property Law Services — Sydney NSW

Property transactions are among the largest financial commitments most people will make. Whether you are buying your first home, investing in residential property, developing commercial land, or structuring a complex property portfolio, Allenby Legal provides the specialist legal support your transaction deserves.

Our property law practice integrates legal expertise with a deep understanding of the financial and tax dimensions of property transactions — including stamp duty, capital gains tax, land tax, and the tax treatment of different property ownership structures. This integrated approach distinguishes us from conveyancers and generalist property lawyers who may miss the financial consequences of the transactions they facilitate.

Residential Conveyancing

We act for buyers and sellers in residential property transactions across Sydney and NSW — from simple established home purchases through to off-the-plan acquisitions and complex title matters. Our conveyancing service is thorough and efficient, delivering the certainty and peace of mind that a transaction of this significance deserves.

  • Contract of sale review (buyers)
  • Contract preparation (sellers)
  • Off-the-plan contract advice
  • Title searches and due diligence
  • Exchange and settlement management
  • First home buyer advice and grant eligibility
  • Transfer duty (stamp duty) advice and calculations

Commercial Property

Commercial property transactions involve additional complexity — including GST, development conditions, planning regulations, and lease structures. We act for buyers, sellers, and developers in commercial property transactions, applying our integrated legal and financial expertise to protect your position and maximise the commercial outcome of each transaction.

  • Commercial property purchase and sale
  • GST and commercial property transactions
  • Development site acquisitions
  • Subdivision and strata title matters
  • Section 88 agreements and easements
  • Commercial lease preparation and review
  • Property development agreements (DA, JVs)

Property Investment Structures & Tax

The structure through which you own investment property — individually, jointly, via a company, trust, or SMSF — has significant ongoing tax consequences, including land tax, capital gains tax on eventual sale, and income tax on rental income. Allenby Legal advises on property investment structures that optimise tax outcomes, provide appropriate asset protection, and are designed for your long-term investment strategy.

  • Property investment trust structures
  • SMSF property acquisition advice
  • Land tax planning and advice
  • Capital gains tax (CGT) property advice
  • Stamp duty exemptions and concessions (NSW)
  • Transfers between family members — duty implications

Property Disputes

Property disputes — boundary disputes, easement issues, vendor misrepresentation, and neighbour disputes — can be stressful and financially significant. We advise on options for resolution and represent clients in negotiations and, where necessary, proceedings.

Property Law — Frequently Asked Questions

What is the difference between a solicitor and a conveyancer for a property purchase? +
A licensed conveyancer is limited to conveyancing work and cannot advise on wider legal issues that may arise in a transaction. A solicitor can conduct conveyancing and advise on any legal issue that arises — including title defects, GST questions, easement issues, and structure. For complex transactions, or where any doubt exists about the title or structure, a solicitor provides a more comprehensive service.
Do I pay stamp duty on an off-the-plan purchase in NSW? +
Yes, transfer duty (previously known as stamp duty) generally applies to off-the-plan purchases. However, there are potential concessions — particularly for first home buyers — and the duty is calculated on the dutiable value at the time of the contract (which may be lower than the completed value). We advise on all duty implications before you exchange contracts, so there are no surprises.
Can I buy investment property in my SMSF? +
Yes, but there are strict rules. SMSF property must meet the sole purpose test and the property cannot be acquired from, or leased to, a related party (with exceptions for business real property). Borrowing within an SMSF to buy property — through a limited recourse borrowing arrangement (LRBA) — is permitted but complex. Allenby Legal advises on SMSF property acquisition, combining legal and accounting expertise.
What should I look for when reviewing a residential contract in NSW? +
Key issues include: the accuracy of the property description and title; planning certificate entries (zoning, development conditions); s149 certificate matters; drainage and survey diagrams; inclusions and exclusions; special conditions that limit your rights; cooling off provisions; and any registered encumbrances or restrictions on title. We provide thorough contract reviews with a clear written report of all issues and recommended action.
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