You can prepare your own version of pages 1 - 4 of this contract. Except as permitted under the Copyright Act 1968 (Cth) or consented to by the copyright owners (including by way of guidelines issued from time to time), no other part of this contract may be reproduced without the specific written permission of The Law Society of New South Wales and The Real Estate Institute of New South Wales.
Contract for the sale and purchase of land 2022 edition
TERM MEANING OF TERM
vendor’s agent McLachlan Partners
453 The Entrance Road Long Jetty NSW 2261
vendor
NSW DAN:
Phone +61 2 4332 1155
Ref Bruce McLachlan
43-49 Ocean Parade Pty Ltd ACN 616 421 553 as trustee for Ocean Parade Unit Trust ABN 78 362 676 331
Email andrew.ferguson@sparke.com.au date for completion See Additional Condition 51 land (address, plan details and title reference)
Apartment [Insert] The Elysian, 43-49 Ocean Parade, The Entrance NSW 2261 being proposed Lot [ ] in an unregistered Strata Plan which is part of Lot 1 in 1091741
☒ VACANT POSSESSION ☐ subject to existing tenancies
improvements
☒ strata unit ☒ carspace ☐ storage space attached copies ☐ documents in the List of Documents as marked or numbered:
A real estate agent is permitted by legislation to fill up the items in this box in a sale of residential property. inclusions Refer to Schedule of Finishes and Fixtures (Attachment 3)
purchaser
guarantor
purchaser’s solicitor
Purchaser’s name
Purchaser address
Guarantor’s name OR Select ‘Not applicable’ Guarantor address
Purchaser's solicitor name
Purchaser’s solicitor address
$Price
$Deposit
Phone
Fax
Ref
Email
Purchaser’s sol phone
Purchaser’s sol fax
Purchaser’s sol ref
Purchaser’s sol email price deposit balance
$Balance
contract date
Where there is more than one purchaser ☐ JOINT TENANTS
(10% of the price, unless otherwise stated)
(if not stated, the date this contract was made)
☐ tenants in common ☐ in unequal shares, specify:
buyer’s agent: Insert buyer’s agent name OR Not applicable
Note: Clause 20.15 provides “Where this contract provides for choices, a choice in BLOCK CAPITALS applies unless a different choice is marked.”
SIGNING PAGE
Executed as an Agreement
Vendor:
Executed by 43-49 Ocean Parade Pty Ltd as trustee for Ocean Parade Unit Trust ABN 78 362 676 331 in accordance with section 127 of the Corporations Act 2001 (Cth) by: ) ) ) ) )
Signature of Director
Joseph Nakat
Print name of Director
Signature of Director
Niraj Singh
Print name of Director
Purchaser:
Signed, sealed and delivered by [Insert individual's name] in the presence of: ) ) )
Signature of Witness
Print name of Witness
Executed by [Insert corporation name] ACN [Insert ACN number] in accordance with section 127 of the Corporations Act 2001 (Cth) by: ) ) ) ) )
Signature of Director
Print name of Director
Guarantor:
Signed, sealed and delivered by [Insert individual's name] in the presence of: ) ) )
☒ 9 sewer lines location diagram (sewerage service diagram)
☐ 10 document that created or may have created an easement, profit à prendre, restriction on use or positive covenant disclosed in this contract
☐ 11 planning agreement
☐ 12 section 88G certificate (positive covenant)
☐ 13 survey report
☐ 14 building information certificate or building certificate given under legislation
☐ 15 occupation certificate
☐ 16 lease (with every relevant memorandum or variation)
☐ 17 other document relevant to tenancies
☐ 18 licence benefiting the land
☐ 19 old system document
☐ 20 Crown purchase statement of account
☐ 21 building management statement
☒ 22 form of requisitions
☐ 23 clearance certificate
☐ 24 land tax certificate
Home Building Act 1989
☐ 38 strata renewal proposal
☐ 39 strata renewal plan
☐ 40 leasehold strata - lease of lot and common property
☐ 41 property certificate for neighbourhood property
☐ 42 plan creating neighbourhood property
☐ 43 neighbourhood development contract
☐ 44 neighbourhood management statement
☐ 45 property certificate for precinct property
☐ 46 plan creating precinct property
☐ 47 precinct development contract
☐ 48 precinct management statement
☐ 49 property certificate for community property
☐ 50 plan creating community property
☐ 51 community development contract
☐ 52 community management statement
☐ 53 document disclosing a change of by-laws
☐ 54 document disclosing a change in a development or management contract or statement
☐ 55 document disclosing a change in boundaries
☐ 56 information certificate under Strata Schemes Management Act 2015
☐ 57 information certificate under Community Land Management Act 2021
☒ 58 disclosure statement - off the plan contract
☐ 59 other document relevant to off the plan contract
Other
☒ 60 Floor Plan, Schedule of Fixtures and Fittings
☐ 25 insurance certificate
☐ 26 brochure or warning
☐ 27 evidence of alternative indemnity cover
Swimming Pools Act 1992
☐ 28 certificate of compliance
☐ 29 evidence of registration
☐ 30 relevant occupation certificate
☐ 31 certificate of non-compliance
☐ 32 detailed reasons of non-compliance
HOLDER OF STRATA OR COMMUNITY SCHEME RECORDS – Name, address, email address and telephone number [TBC]
CERTIFICATE
(Pursuant to Section 66W of the Conveyancing Act 1919)
I, of
Solicitor/Conveyancer, certify as follows:
1. I am a solicitor/licensed conveyancer currently adm itted to practise in New South Wales
2. I am giving this certificate in accordance with Section 66W of the Conveyancing Act 1919 with reference to a Contract for sale of property:
Property: Apt «Unit_» (Lot «Strata_Lot») The Elysian, 43-49 Ocean Parade
Vendor: 43-49 Ocean Parade Pty Limited ACN 615 677 873 as trustee for Ocean Parade Unit Trust ABN 78 362 676 331
Purchaser: «Purchaser_1_Name» and «Purchaser_2_Name» in order that there is no cooling off period in relation to that Contract
3. I do not act for the Vendor and am not employed in the legal practice of a solicitor acting for the Vendor nor am I a member or employee of a firm of which a solicitor acting for the Vendor is a member or employee.
4. I have explained to the Purchaser:
(i) The effect of the Contract for the purchase of the Property;
(ii) The nature of this certificate; and
(iii) The effect of giving this certificate to the vendor is that there is no cooling off period in relation to the Contract
Dated:
Solicitor/Conveyancer
Apartment Variation Schedule – The Elysian
This schedule, if completed and signed by the purchaser, varies the Schedule of Finishes and Fixtures as set out below
Date:
Purchaser(s): «Purchaser_1_Name» and «Purchaser_2_Name»
Apt «Unit_» (Lot «Strata_Lot») The Elysian
Upgrade
Conditions
1. The purchaser must complete and sign this Variation Schedule on or before the date of this contract
2. In accordance with clause 46 of this contract, the purchase price noted on the front page of the contract will include the cost of the upgrades. Refer to the Schedule of Finishes and Fixtures for details of the upgrades. Note: if no upgrades are selected when the contract is issued, the purchase price noted on the front page of the contract will need to be increased by the amounts shown for any upgrades selected prior to exchange.
3. All amounts include GST.
Purchaser(s) Acceptance
Disclosure Statement – Off the Plan Contracts
This is the approved form for the purposes of s66ZM of the Conveyancing Act 1919.
VENDOR 43-49 Ocean Parade Pty Lim ited ACN 615 677 873 as trustee for Ocean Parade Unit Trust ABN 78 362 676 331
PROPERTY Apt «Unit_», Lot «Strata_Lot», The Elysian, 43-49 Ocean Parade, The Entrance NSW 2261
TITLE STRUCTURE
Will the lot be a lot in a strata scheme? ☐ No ☒ Yes
Will the lot also be subject to a Strata Management Statement or Building Management Statement? ☐ No ☒ Yes
Will the lot form part of a community, precinct or neighbourhood scheme? ☒ No ☐ Yes If Yes, please specify scheme type:
DETAILS
Completion
The later of: 21 days from registration of the Registration Documents; and 21 days after issue if Occupation Certificate Refer to clause(s): 51
Is there a sunset date? ☐ No ☒ Yes
Does the purchaser pay anything more if they do not complete on time? ☐ No ☒ Yes
Has development approval been obtained?
Can this date be extended?
Provide details, including relevant clause(s) of contract:
☐ No ☒ Yes Development Approval No:
Has a principal certifying authority been appointed? ☒ No ☐ Yes
Can the vendor cancel the contract if an event preventing or enabling the development does or does not occur? ☐ No ☒ Yes
ATTACHMENTS
Provide details:
No ☒ Yes Refer to clause(s): 50 and 51
Notice to complete costs – clause 52
Interest on delayed completion – clause 53
DA95/2003
Provide details, including relevant clause(s) of contract:
(s66ZM(2) of the Conveyancing Act 1919)
Vendor may rescind before the Commencement Date – clause 43
Vendor may rescind CP date – clause 44
Vendor may rescind if Registration Documents not registered by Registration Date – clause 48 or Extended Registration Date – clause 49
The following prescribed documents are included in this disclosure statement (select all that apply)
☒ draft plan
☒ s88B instrument proposed to be lodged with draft plan
draft community/precinct/neighbourhood/ development contract
draft strata management statement
☒ draft strata by-laws ☐ draft building management statement
☐ draft strata development contract
NOTE: These floor plans are for illustration purposes only and are subject to change. Any furniture or inclusions depicted in these floor plans is not included in the sale of the Property.
RESIDENCE LOCATION
RESIDENCE
COURTYARD
PRIVATE OPEN SPACE
TOTAL STRATA LOT AREA Ground Floor Unit
RESIDENCE LOCATION
RESIDENCE
BEDROOMS BATHROOMS
BEDROOMS BATHROOMS
BEDROOMS BATHROOMS
RESIDENCE
BEDROOMS BATHROOMS
RESIDENCE LOCATION
BEDROOMS BATHROOMS
RESIDENCE
BEDROOMS BATHROOMS
RESIDENCE LOCATION
BEDROOMS BATHROOMS
BEDROOMS BATHROOMS
RESIDENCE
BEDROOMS BATHROOMS
RESIDENCE LOCATION
BEDROOMS BATHROOMS
RESIDENCE LOCATION
BEDROOMS BATHROOMS
BEDROOMS BATHROOMS
RESIDENCE LOCATION
BEDROOMS BATHROOMS
RESIDENCE LOCATION
BEDROOMS BATHROOMS
RESIDENCE
BEDROOMS BATHROOMS
RESIDENCE
BEDROOMS BATHROOMS
BEDROOMS BATHROOMS
RESIDENCE
BEDROOMS BATHROOMS
RESIDENCE LOCATION
BEDROOMS BATHROOMS
RESIDENCE
BEDROOMS BATHROOMS
BEDROOMS BATHROOMS
RESIDENCE
BEDROOMS BATHROOMS
RESIDENCE
BEDROOMS BATHROOMS
BEDROOMS BATHROOMS
RESIDENCE
BEDROOMS BATHROOMS
BEDROOMS BATHROOMS
RESIDENCE
BEDROOMS BATHROOMS
RESIDENCE LOCATION RESIDENCE BALCONY
BEDROOMS BATHROOMS
RESIDENCE LOCATION
BEDROOMS BATHROOMS
BEDROOMS BATHROOMS
RESIDENCE
BEDROOMS BATHROOMS
RESIDENCE
BEDROOMS BATHROOMS
BEDROOMS BATHROOMS
RESIDENCE
BEDROOMS BATHROOMS
BEDROOMS BATHROOMS
RESIDENCE LOCATION RESIDENCE
BEDROOMS BATHROOMS
RESIDENCE LOCATION
BEDROOMS BATHROOMS
BEDROOMS
BEDROOMS BATHROOMS
BEDROOMS BATHROOMS
BEDROOMS
RESIDENCE LOCATION
BEDROOMS BATHROOMS
RESIDENCE LOCATION
BEDROOMS BATHROOMS
RESIDENCE BALCONY
RESIDENCE LOCATION
BEDROOMS BATHROOMS
RESIDENCE LOCATION
BEDROOMS BATHROOMS
RESIDENCE
RESIDENCE LOCATION
BEDROOMS BATHROOMS
RESIDENCE BALCONY
IMPORTANT NOTICE TO VENDORS AND PURCHASERS
Before signing this contract you should ensure that you understand your rights and obligations, some of which are not written in this contract but are implied by law.
WARNING—SMOKE ALARMS
The owners of certain types of buildings and strata lots must have smoke alarms, or in certain cases heat alarms, installed in the building or lot in accordance with regulations under the Environmental Planning and Assessment Act 1979. It is an offence not to comply. It is also an offence to remove or interfere with a smoke alarm or heat alarm. Penalties apply.
WARNING—LOOSE-FILL ASBESTOS INSULATION
Before purchasing land that includes residential premises, within the meaning of the Home Building Act 1989, Part 8, Division 1A, built before 1985, a purchaser is strongly advised to consider the possibility that the premises may contain loose-fill asbestos insulation, within the meaning of the Home Building Act 1989, Part 8, Division 1A. In particular, a purchaser should—
(a) search the Register required to be maintained under the Home Building Act 1989, Part 8, Division 1A, and
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(b) ask the relevant local council whether it holds records showing that the residential premises contain loose-fill asbestos insulation.
For further information about loose-fill asbestos insulation, including areas in which residential premises have been identified as containing loose-fill asbestos insulation, contact NSW Fair Trading.
Cooling off period (purchaser’s rights)
1 This is the statement required by the Conveyancing Act 1919, section 66X. This statement applies to a contract for the sale of residential property.
2 EXCEPT in the circumstances listed in paragraph 3, the purchaser may rescind the contract before 5pm on—
(a) for an off the plan contract the tenth business day after the day on which the contract was made, or
(b) in any other case—the fifth business day after the day on which the contract was made.
3 There is NO COOLING OFF PERIOD—
(a) if, at or before the time the contract is made, the purchaser gives to the vendor, or the vendor’s solicitor or agent, a certificate that complies with the Act, section 66W, or
(b) if the property is sold by public auction, or
(c) if the contract is made on the same day as the property was offered for sale by public auction but passed in, or (d) if the contract is made in consequence of the exercise of an option to purchase the property, other than an option that is void under the Act, section 66ZG.
4 A purchaser exercising the right to cool off by rescinding the contract forfeits 0.25% of the purchase price of the property to the vendor.
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5 The vendor is entitled to recover the forfeited amount from an amount paid by the purchaser as a deposit under the contract. The purchaser is entitled to a refund of any balance.
DISPUTES
If you get into a dispute with the other party, the Law Society and Real Estate Institute encourage you to use informal procedures such as negotiation, independent expert appraisal, the Law Society Conveyancing Dispute Resolution Scheme or mediation (for example mediation under the Law Society Mediation Program).
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AUCTIONS
Regulations made under the Property and Stock Agents Act 2002 prescribe a number of conditions applying to sales by auction.
WARNINGS
1. Various Acts of Parliament and other matters can affect the rights of the parties to this contract. Some important matters are actions, claims, decisions, licences, notices, orders, proposals or rights of way involving:
APA Group
Australian Taxation Office
Council
County Council
Department of Planning and Environment
Department of Primary Industries
Electricity and gas
Land and Housing Corporation
Local Land Services
NSW Department of Education
NSW Fair Trading
Owner of adjoining land
Privacy
Public Works Advisory
Subsidence Advisory NSW
Telecommunications
Transport for NSW
Water, sewerage or drainage authority
If you think that any of these matters affects the property, tell your solicitor.
2. A lease may be affected by the Agricultural Tenancies Act 1990, the Residential Tenancies Act 2010 or the Retail Leases Act 1994.
3. If any purchase money is owing to the Crown, it will become payable before obtaining consent, or if no consent is needed, when the transfer is registered.
4. If a consent to transfer is required under legislation, see clause 27 as to the obligations of the parties.
5. The vendor should continue the vendor’s insurance until completion. If the vendor wants to give the purchaser possession before completion, the vendor should first ask the insurer to confirm this will not affect the insurance.
6. Most purchasers will have to pay transfer duty (and, sometimes, if the purchaser is not an Australian citizen, surcharge purchaser duty) on this contract. Some purchasers may be eligible to choose to pay first home buyer choice property tax instead of transfer duty. If a payment is not made on time, interest and penalties may be incurred.
7. If the purchaser agrees to the release of deposit, the purchaser’s right to recover the deposit may stand behind the rights of others (for example the vendor’s mortgagee).
8. The purchaser should arrange insurance as appropriate.
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9. Some transactions involving personal property may be affected by the Personal Property Securities Act 2009.
10. A purchaser should be satisfied that finance will be available at the time of completing the purchase.
11. Where the market value of the property is at or above a legislated amount, the purchaser may have to comply with a foreign resident capital gains withholding payment obligation (even if the vendor is not a foreign resident). If so, this will affect the amount available to the vendor on completion.
12. Purchasers of some residential properties may have to withhold part of the purchase price to be credited towards the GST liability of the vendor. If so, this will also affect the amount available to the vendor. More information is available from the ATO.
The vendor sells and the purchaser buys the property for the price under these provisions instead of Schedule 3 Conveyancing Act 1919, subject to any legislation that cannot be excluded.
1 Definitions (a term in italics is a defined term) 1.1 In this contract, these terms (in any form) mean –adjustment date the earlier of the giving of possession to the purchaser or completion; adjustment figures details of the adjustments to be made to the price under clause 14; authorised Subscriber a Subscriber (not being a party’s solicitor) named in a notice served by a party as being authorised for the purposes of clause 20.6.8; bank the Reserve Bank of Australia or an authorised deposit-taking institution which is a bank, a building society or a credit union; business day any day except a bank or public holiday throughout NSW or a Saturday or Sunday; cheque a cheque that is not postdated or stale; clearance certificate a certificate within the meaning of s14-220 of Schedule 1 to the TA Act, that covers one or more days falling within the period from and including the contract date to completion;
completion time the time of day at which completion is to occur; conveyancing rules the rules made under s12E of the Real Property Act 1900; deposit-bond a deposit bond or guarantee with each of the following approved by the vendor –
● the issuer;
● the expiry date (if any); and
● the amount;
depositholder vendor's agent (or if no vendor's agent is named in this contract, the vendor's solicitor, or if no vendor’s solicitor is named in this contract, the buyer’s agent); discharging mortgagee any discharging mortgagee, chargee, covenant chargee or caveator whose provision of a Digitally Signed discharge of mortgage, discharge of charge or withdrawal of caveat is required in order for unencumbered title to the property to be transferred to the purchaser; document of title document relevant to the title or the passing of title; ECNL the Electronic Conveyancing National Law (NSW); electronic document a dealing as defined in the Real Property Act 1900 which may be created and Digitally Signed in an Electronic Workspace; electronic transaction a Conveyancing Transaction to be conducted for the parties by their legal representatives as Subscribers using an ELN and in accordance with the ECNL and the participation rules; electronic transfer a transfer of land under the Real Property Act 1900 for the property to be prepared and Digitally Signed in the Electronic Workspace established for the purposes of the parties’ Conveyancing Transaction;
FRCGW percentage the percentage mentioned in s14-200(3)(a) of Schedule 1 to the TA Act (12.5% as at 1 July 2017);
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FRCGW remittance a remittance which the purchaser must make under s14-200 of Schedule 1 to the TA Act, being the lesser of the FRCGW percentage of the price (inclusive of GST, if any) and the amount specified in a variation served by a party; GST Act A New Tax System (Goods and Services Tax) Act 1999; GST rate the rate mentioned in s4 of A New Tax System (Goods and Services Tax Imposition - General) Act 1999 (10% as at 1 July 2000);
GSTRW payment a payment which the purchaser must make under s14-250 of Schedule 1 to the TA Act (the price multiplied by the GSTRW rate);
GSTRW rate the rate determined under ss14-250(6), (8) or (9) of Schedule 1 to the TA Act (as at 1 July 2018, usually 7% of the price if the margin scheme applies, 1/11th if not); incoming mortgagee any mortgagee who is to provide finance to the purchaser on the security of the property and to enable the purchaser to pay the whole or part of the price; legislation an Act or a by-law, ordinance, regulation or rule made under an Act; manual transaction a Conveyancing Transaction in which a dealing forming part of the Lodgment Case at or following completion cannot be Digitally Signed; normally subject to any other provision of this contract; participation rules the participation rules as determined by the ECNL; party each of the vendor and the purchaser; property the land, the improvements, all fixtures and the inclusions, but not the exclusions; planning agreement a valid voluntary agreement within the meaning of s7.4 of the Environmental Planning and Assessment Act 1979 entered into in relation to the property; populate to complete data fields in the Electronic Workspace; 43-49
requisition an objection, question or requisition (but the term does not include a claim); rescind rescind this contract from the beginning; serve serve in writing on the other party; settlement cheque an unendorsed cheque made payable to the person to be paid and –
● issued by a bank and drawn on itself; or
● if authorised in writing by the vendor or the vendor's solicitor, some other cheque; solicitor in relation to a party, the party's solicitor or licensed conveyancer named in this contract or in a notice served by the party; TA Act Taxation Administration Act 1953; terminate terminate this contract for breach; title data the details of the title to the property made available to the Electronic Workspace by the Land Registry; variation a variation made under s14-235 of Schedule 1 to the TA Act; within in relation to a period, at any time before or during the period; and work order a valid direction, notice or order that requires work to be done or money to be spent on or in relation to the property or any adjoining footpath or road (but the term does not include a notice under s22E of the Swimming Pools Act 1992 or clause 22 of the Swimming Pools Regulation 2018).
1.2 Words and phrases used in this contract (italicised and in Title Case, such as Conveyancing Transaction, Digitally Signed, Electronic Workspace, ELN, ELNO, Land Registry, Lodgment Case and Subscriber) have the meanings given in the participation rules
2 Deposit and other payments before completion
2.1 The purchaser must pay the deposit to the depositholder as stakeholder.
2.2 Normally, the purchaser must pay the deposit on the making of this contract, and this time is essential.
2.3 If this contract requires the purchaser to pay any of the deposit by a later time, that time is also essential.
2.4 The purchaser can pay any of the deposit by –
2.4 1 giving cash (up to $2,000) to the depositholder;
2.4 2 unconditionally giving a cheque to the depositholder or to the vendor, vendor's agent or vendor's solicitor for sending to the depositholder; or
2.4.3 electronic funds transfer to the depositholder’s nominated account and, if requested by the vendor or the depositholder, providing evidence of that transfer.
2.5 The vendor can terminate if –
2.5.1 any of the deposit is not paid on time;
2.5.2 a cheque for any of the deposit is not honoured on presentation; or
2.5.3 a payment under clause 2.4.3 is not received in the depositholder’s nominated account by 5.00 pm on the third business day after the time for payment. This right to terminate is lost as soon as the deposit is paid in full.
2.6 If the vendor accepts a deposit-bond for the deposit, clauses 2.1 to 2.5 do not apply.
2.7 If the vendor accepts a deposit-bond for part of the deposit, clauses 2.1 to 2.5 apply only to the balance.
2.8 If any of the deposit or of the balance of the price is paid before completion to the vendor or as the vendor directs, it is a charge on the land in favour of the purchaser until termination by the vendor or completion, subject to any existing right.
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2.9 If each party tells the depositholder that the deposit is to be invested, the depositholder is to invest the deposit (at the risk of the party who becomes entitled to it) with a bank, in an interest-bearing account in NSW, payable at call, with interest to be reinvested, and pay the interest to the parties equally, after deduction of all proper government taxes and financial institution charges and other charges.
3 Deposit-bond
3.1 This clause applies only if the vendor accepts a deposit-bond for the deposit (or part of it).
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3.2 The purchaser must provide the deposit-bond to the vendor’s solicitor (or if no solicitor the depositholder) at or before the making of this contract and this time is essential.
3.3 If the deposit-bond has an expiry date and completion does not occur by the date which is 14 days before the expiry date, the purchaser must serve a replacement deposit-bond at least 7 days before the expiry date. The time for service is essential.
3.4 The vendor must approve a replacement deposit-bond if –
3.4.1 it is from the same issuer and for the same amount as the earlier deposit-bond; and
3.4.2 it has an expiry date at least three months after its date of issue.
3.5 A breach of clauses 3.2 or 3.3 entitles the vendor to terminate. The right to terminate is lost as soon as –
3.5.1 the purchaser serves a replacement deposit-bond; or
3.5.2 the deposit is paid in full under clause 2.
3.6 Clauses 3.3 and 3.4 can operate more than once.
3.7 If the purchaser serves a replacement deposit-bond, the vendor must serve the earlier deposit-bond
3.8 The amount of any deposit-bond does not form part of the price for the purposes of clause 16.5
3.9 The vendor must give the purchaser any original deposit-bond –
3.9.1 on completion; or
3.9.2 if this contract is rescinded
3.10 If this contract is terminated by the vendor –
3.10.1 normally, the vendor can immediately demand payment from the issuer of the deposit-bond; or 3.10.2 if the purchaser serves prior to termination a notice disputing the vendor’s right to terminate, the vendor must forward any original deposit-bond (or its proceeds if called up) to the depositholder as stakeholder.
3.11 If this contract is terminated by the purchaser –
3.11.1 normally, the vendor must give the purchaser any original deposit-bond; or 3.11.2 if the vendor serves prior to termination a notice disputing the purchaser’s right to terminate, the vendor must forward any original deposit-bond (or its proceeds if called up) to the depositholder as stakeholder.
4 Electronic transaction
4.1 This Conveyancing Transaction is to be conducted as an electronic transaction unless –4.1.1 the contract says this transaction is a manual transaction, giving the reason, or 4.1.2 a party serves a notice stating why the transaction is a manual transaction, in which case the parties do not have to complete earlier than 14 days after service of the notice, and clause 21.3 does not apply to this provision, and in both cases clause 30 applies.
4.2 If, because of clause 4.1.2, this Conveyancing Transaction is to be conducted as a manual transaction –4.2.1 each party must –● bear equally any disbursements or fees; and ● otherwise bear that party’s own costs; incurred because this Conveyancing Transaction was to be conducted as an electronic transaction; and 4 2.2 if a party has paid all of a disbursement or fee which, by reason of this clause, is to be borne equally by the parties, that amount must be adjusted under clause 14.
4.3 The parties must conduct the electronic transaction –
4.3.1 in accordance with the participation rules and the ECNL; and 4.3.2 using the nominated ELN, unless the parties otherwise agree. This clause 4.3.2 does not prevent a party using an ELN which can interoperate with the nominated ELN
4.4 A party must pay the fees and charges payable by that party to the ELNO and the Land Registry
4.5 Normally, the vendor must within 7 days of the contract date create and populate an Electronic Workspace with title data and the date for completion, and invite the purchaser to the Electronic Workspace
4.6 If the vendor has not created an Electronic Workspace in accordance with clause 4.5, the purchaser may create and populate an Electronic Workspace and, if it does so, the purchaser must invite the vendor to the Electronic Workspace.
4.7 The parties must, as applicable to their role in the Conveyancing Transaction and the steps taken under clauses 4.5 or 4.6 –
4.7.1 promptly join the Electronic Workspace after receipt of an invitation;
4.7.2 create and populate an electronic transfer;
4.7.3 invite any discharging mortgagee or incoming mortgagee to join the Electronic Workspace; and 4.7.4 populate the Electronic Workspace with a nominated completion time
4.8 If the transferee in the electronic transfer is not the purchaser, the purchaser must give the vendor a direction signed by the purchaser personally for that transfer.
4.9 The vendor can require the purchaser to include a covenant or easement in the electronic transfer only if this contract contains the wording of the proposed covenant or easement, and a description of the land burdened and benefited.
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4.10 If the purchaser must make a GSTRW payment or an FRCGW remittance, the purchaser must populate the Electronic Workspace with the payment details for the GSTRW payment or FRCGW remittance payable to the Deputy Commissioner of Taxation at least 2 business days before the date for completion.
4.11 Before completion, the parties must ensure that –
4.11.1 all electronic documents which a party must Digitally Sign to complete the electronic transaction are populated and Digitally Signed;
4.11.2 all certifications required by the ECNL are properly given; and
4.11.3 they do everything else in the Electronic Workspace which that party must do to enable the electronic transaction to proceed to completion.
4.12 If the computer systems of any of the Land Registry, the ELNO, Revenue NSW or the Reserve Bank of Australia are inoperative for any reason at the completion time agreed by the parties, a failure to complete this contract for that reason is not a default under this contract on the part of either party
4.13 If the computer systems of the Land Registry are inoperative for any reason at the completion time agreed by the parties, and the parties choose that financial settlement is to occur despite this, then on financial settlement occurring –
4.13.1 all electronic documents Digitally Signed by the vendor and any discharge of mortgage, withdrawal of caveat or other electronic document forming part of the Lodgment Case for the electronic transaction are taken to have been unconditionally and irrevocably delivered to the purchaser or the purchaser’s mortgagee at the time of financial settlement together with the right to deal with the land; and
4 13.2 the vendor is taken to have no legal or equitable interest in the property
4.14 If the parties do not agree about the delivery before completion of one or more documents or things that cannot be delivered through the Electronic Workspace, the party required to deliver the documents or things –
4.14.1 holds them on completion in escrow for the benefit of; and
4.14.2 must immediately after completion deliver the documents or things to, or as directed by; the party entitled to them.
5 Requisitions
5.1 If a form of requisitions is attached to this contract, the purchaser is taken to have made those requisitions
5.2 If the purchaser is or becomes entitled to make any other requisition, the purchaser can make it only by serving it –
5.2.1 if it arises out of this contract or it is a general question about the property or title - within 21 days after the contract date;
5.2.2 if it arises out of anything served by the vendor - within 21 days after the later of the contract date and that service; and
5.2.3 in any other case - within a reasonable time.
6 Error or misdescription
6.1 Normally, the purchaser can (but only before completion) claim compensation for an error or misdescription in this contract (as to the property, the title or anything else and whether substantial or not).
6.2 This clause applies even if the purchaser did not take notice of or rely on anything in this contract containing or giving rise to the error or misdescription.
6.3 However, this clause does not apply to the extent the purchaser knows the true position.
7 Claims by purchaser
Normally, the purchaser can make a claim (including a claim under clause 6) before completion only by serving it with a statement of the amount claimed, and if the purchaser makes one or more claims before completion –
7.1 the vendor can rescind if in the case of claims that are not claims for delay –
7.1.1 the total amount claimed exceeds 5% of the price;
7.1.2 the vendor serves notice of intention to rescind; and
7.1.3 the purchaser does not serve notice waiving the claims within 14 days after that service; and
7.2 if the vendor does not rescind, the parties must complete and if this contract is completed –
7.2.1 the lesser of the total amount claimed and 10% of the price must be paid out of the price to and held by the depositholder until the claims are finalised or lapse;
7.2.2 the amount held is to be invested in accordance with clause 2.9;
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7.2.3 the claims must be finalised by an arbitrator appointed by the parties or, if an appointment is not made within 1 month of completion, by an arbitrator appointed by the President of the Law Society at the request of a party (in the latter case the parties are bound by the terms of the Conveyancing Arbitration Rules approved by the Law Society as at the date of the appointment);
7.2.4 the purchaser is not entitled, in respect of the claims, to more than the total amount claimed and the costs of the purchaser;
7.2.5 net interest on the amount held must be paid to the parties in the same proportion as the amount held is paid; and
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7.2.6 if the parties do not appoint an arbitrator and neither party requests the President to appoint an arbitrator within 3 months after completion, the claims lapse and the amount belongs to the vendor.
8 Vendor's rights and obligations
8.1 The vendor can rescind if –
8.1.1 the vendor is, on reasonable grounds, unable or unwilling to comply with a requisition;
8.1.2 the vendor serves a notice of intention to rescind that specifies the requisition and those grounds; and
8.1.3 the purchaser does not serve a notice waiving the requisition within 14 days after that service
8.2 If the vendor does not comply with this contract (or a notice under or relating to it) in an essential respect, the purchaser can terminate by serving a notice. After the termination –
8.2.1 the purchaser can recover the deposit and any other money paid by the purchaser under this contract;
8.2.2 the purchaser can sue the vendor to recover damages for breach of contract; and
8.2.3 if the purchaser has been in possession a party can claim for a reasonable adjustment.
9 Purchaser's default
If the purchaser does not comply with this contract (or a notice under or relating to it) in an essential respect, the vendor can terminate by serving a notice. After the termination the vendor can –
9.1 keep or recover the deposit (to a maximum of 10% of the price);
9.2 hold any other money paid by the purchaser under this contract as security for anything recoverable under this clause –
9.2.1 for 12 months after the termination; or
9.2.2 if the vendor commences proceedings under this clause within 12 months, until those proceedings are concluded; and
9.3 sue the purchaser either –
9.3.1 where the vendor has resold the property under a contract made within 12 months after the termination, to recover –
● the deficiency on resale (with credit for any of the deposit kept or recovered and after allowance for any capital gains tax or goods and services tax payable on anything recovered under this clause); and
● the reasonable costs and expenses arising out of the purchaser's non-compliance with this contract or the notice and of resale and any attempted resale; or
9.3.2 to recover damages for breach of contract.
10 Restrictions on rights of purchaser
10.1 The purchaser cannot make a claim or requisition or rescind or terminate in respect of –
10.1.1 the ownership or location of any fence as defined in the Dividing Fences Act 1991;
10.1.2 a service for the property being a joint service or passing through another property, or any service for another property passing through the property (‘service’ includes air, communication, drainage, electricity, garbage, gas, oil, radio, sewerage, telephone, television or water service);
10.1.3 a wall being or not being a party wall in any sense of that term or the property being affected by an easement for support or not having the benefit of an easement for support;
10.1.4 any change in the property due to fair wear and tear before completion;
10.1.5 a promise, representation or statement about this contract, the property or the title, not set out or referred to in this contract;
10.1.6 a condition, exception, reservation or restriction in a Crown grant;
10.1.7 the existence of any authority or licence to explore or prospect for gas, minerals or petroleum;
10.1.8 any easement or restriction on use the substance of either of which is disclosed in this contract or any non-compliance with the easement or restriction on use; or
10.1.9 anything the substance of which is disclosed in this contract (except a caveat, charge, mortgage, priority notice or writ).
10.2 The purchaser cannot rescind or terminate only because of a defect in title to or quality of the inclusions.
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10.3 Normally, the purchaser cannot make a claim or requisition or rescind or terminate or require the vendor to change the nature of the title disclosed in this contract (for example, to remove a caution evidencing qualified title, or to lodge a plan of survey as regards limited title).
11 Compliance with work orders
11.1 Normally, the vendor must by completion comply with a work order made on or before the contract date and if this contract is completed the purchaser must comply with any other work order
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11.2 If the purchaser complies with a work order, and this contract is rescinded or terminated, the vendor must pay the expense of compliance to the purchaser.
12 Certificates and inspections
The vendor must do everything reasonable to enable the purchaser, subject to the rights of any tenant –
12.1 to have the property inspected to obtain any certificate or report reasonably required;
12.2 to apply (if necessary in the name of the vendor) for –
12.2.1 any certificate that can be given in respect of the property under legislation; or
12.2.2 a copy of any approval, certificate, consent, direction, notice or order in respect of the property given under legislation, even if given after the contract date; and
12.3 to make 1 inspection of the property in the 3 days before a time appointed for completion.
13 Goods and services tax (GST)
13.1 Terms used in this clause which are not defined elsewhere in this contract and have a defined meaning in the GST Act have the same meaning in this clause.
13.2 Normally, if a party must pay the price or any other amount to the other party under this contract, GST is not to be added to the price or amount.
13.3 If under this contract a party must make an adjustment or payment for an expense of another party or pay an expense payable by or to a third party (for example, under clauses 14 or 20.7) –
13.3.1 the party must adjust or pay on completion any GST added to or included in the expense; but
13.3.2 the amount of the expense must be reduced to the extent the party receiving the adjustment or payment (or the representative member of a GST group of which that party is a member) is entitled to an input tax credit for the expense; and
13.3.3 if the adjustment or payment under this contract is consideration for a taxable supply, an amount for GST must be added at the GST rate.
13.4 If this contract says this sale is the supply of a going concern –
13.4.1 the parties agree the supply of the property is a supply of a going concern;
13.4.2 the vendor must, between the contract date and completion, carry on the enterprise conducted on the land in a proper and business-like way;
13.4.3 if the purchaser is not registered by the date for completion, the parties must complete and the purchaser must pay on completion, in addition to the price, an amount being the price multiplied by the GST rate ("the retention sum"). The retention sum is to be held by the depositholder and dealt with as follows –
● if within 3 months of completion the purchaser serves a letter from the Australian Taxation Office stating the purchaser is registered with a date of effect of registration on or before completion, the depositholder is to pay the retention sum to the purchaser; but
● if the purchaser does not serve that letter within 3 months of completion, the depositholder is to pay the retention sum to the vendor; and
13.4.4 if the vendor, despite clause 13.4.1, serves a letter from the Australian Taxation Office stating the vendor has to pay GST on the supply, the purchaser must pay to the vendor on demand the amount of GST assessed.
13.5 Normally, the vendor promises the margin scheme will not apply to the supply of the property
13.6 If this contract says the margin scheme is to apply in making the taxable supply, the parties agree that the margin scheme is to apply to the sale of the property
13.7 If this contract says the sale is not a taxable supply –
13.7.1 the purchaser promises that the property will not be used and represents that the purchaser does not intend the property (or any part of the property) to be used in a way that could make the sale a taxable supply to any extent; and
13.7.2 the purchaser must pay the vendor on completion in addition to the price an amount calculated by multiplying the price by the GST rate if this sale is a taxable supply to any extent because of –
● a breach of clause 13.7.1; or
● something else known to the purchaser but not the vendor.
13.8 If this contract says this sale is a taxable supply in full and does not say the margin scheme applies to the property, the vendor must pay the purchaser on completion an amount of one-eleventh of the price if –
13.8.1 this sale is not a taxable supply in full; or
13.8.2 the margin scheme applies to the property (or any part of the property).
13.9 If this contract says this sale is a taxable supply to an extent –
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13.9.1 clause 13.7.1 does not apply to any part of the property which is identified as being a taxable supply; and
13.9.2 the payments mentioned in clauses 13.7 and 13.8 are to be recalculated by multiplying the relevant payment by the proportion of the price which represents the value of that part of the property to which the clause applies (the proportion to be expressed as a number between 0 and 1). Any evidence of value must be obtained at the expense of the vendor.
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13.10 Normally, on completion the vendor must give the recipient of the supply a tax invoice for any taxable supply by the vendor by or under this contract.
13.11 The vendor does not have to give the purchaser a tax invoice if the margin scheme applies to a taxable supply.
13.12 If the vendor is liable for GST on rents or profits due to issuing an invoice or receiving consideration before completion, any adjustment of those amounts must exclude an amount equal to the vendor’s GST liability.
13.13 If the vendor serves details of a GSTRW payment which the purchaser must make, the purchaser does not have to complete earlier than 5 business days after that service and clause 21.3 does not apply to this provision.
13.14 If the purchaser must make a GSTRW payment the purchaser must, at least 2 business days before the date for completion, serve evidence of submission of a GSTRW payment notification form to the Australian Taxation Office by the purchaser or, if a direction under either clause 4.8 or clause 30.4 has been given, by the transferee named in the transfer the subject of that direction.
14 Adjustments
14.1 Normally, the vendor is entitled to the rents and profits and will be liable for all rates, water, sewerage and drainage service and usage charges, land tax, levies and all other periodic outgoings up to and including the adjustment date after which the purchaser will be entitled and liable.
14.2 The parties must make any necessary adjustment on completion, and –
14.2.1 the purchaser must provide the vendor with adjustment figures at least 2 business days before the date for completion; and
14 2.2 the vendor must confirm the adjustment figures at least 1 business day before the date for completion
14.3 If an amount that is adjustable under this contract has been reduced under legislation, the parties must on completion adjust the reduced amount.
14.4 The parties must not adjust surcharge land tax (as defined in the Land Tax Act 1956) but must adjust any other land tax for the year current at the adjustment date –
14.4.1 only if land tax has been paid or is payable for the year (whether by the vendor or by a predecessor in title) and this contract says that land tax is adjustable;
14.4.2 by adjusting the amount that would have been payable if at the start of the year –
● the person who owned the land owned no other land;
● the land was not subject to a special trust or owned by a non-concessional company; and
● if the land (or part of it) had no separate taxable value, by calculating its separate taxable value on a proportional area basis.
14.5 The parties must not adjust any first home buyer choice property tax
14.6 If any other amount that is adjustable under this contract relates partly to the land and partly to other land, the parties must adjust it on a proportional area basis.
14.7 If on completion the last bill for a water, sewerage or drainage usage charge is for a period ending before the adjustment date, the vendor is liable for an amount calculated by dividing the bill by the number of days in the period then multiplying by the number of unbilled days up to and including the adjustment date.
14.8 The vendor is liable for any amount recoverable for work started on or before the contract date on the property or any adjoining footpath or road.
15 Date for completion
The parties must complete by the date for completion and, if they do not, a party can serve a notice to complete if that party is otherwise entitled to do so.
16 Completion
● Vendor
16.1 Normally, on completion the vendor must cause the legal title to the property (being the estate disclosed in this contract) to pass to the purchaser free of any charge, mortgage or other interest, subject to any necessary registration.
16.2 The legal title to the property does not pass before completion.
16.3 If the vendor gives the purchaser a document (other than the transfer) that needs to be lodged for registration, the vendor must pay the lodgment fee to the purchaser.
16.4 If a party serves a land tax certificate showing a charge on any of the land, by completion the vendor must do all things and pay all money required so that the charge is no longer effective against the land.
● Purchaser
16.5 On completion the purchaser must pay to the vendor –
16.5.1 the price less any –
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● deposit paid;
● FRCGW remittance payable;
● GSTRW payment; and
● amount payable by the vendor to the purchaser under this contract; and 16.5.2 any other amount payable by the purchaser under this contract.
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16.6 If any of the deposit is not covered by a deposit-bond, at least 1 business day before the date for completion the purchaser must give the vendor an order signed by the purchaser authorising the depositholder to account to the vendor for the deposit, to be held by the vendor in escrow until completion
16.7 On completion the deposit belongs to the vendor.
17 Possession
17.1 Normally, the vendor must give the purchaser vacant possession of the property on completion.
17.2 The vendor does not have to give vacant possession if –
17.2.1 this contract says that the sale is subject to existing tenancies; and 17.2.2 the contract discloses the provisions of the tenancy (for example, by attaching a copy of the lease and any relevant memorandum or variation).
17.3 Normally, the purchaser can claim compensation (before or after completion) or rescind if any of the land is affected by a protected tenancy (a tenancy affected by Schedule 2, Part 7 of the Residential Tenancies Act 2010).
18 Possession before completion
18.1 This clause applies only if the vendor gives the purchaser possession of the property before completion. 18.2 The purchaser must not before completion –
18.2.1 let or part with possession of any of the property;
18.2.2 make any change or structural alteration or addition to the property; or
18.2.3 contravene any agreement between the parties or any direction, document, legislation, notice or order affecting the property
18.3 The purchaser must until completion –
18.3.1 keep the property in good condition and repair having regard to its condition at the giving of possession; and
18.3.2 allow the vendor or the vendor's authorised representative to enter and inspect it at all reasonable times.
18.4 The risk as to damage to the property passes to the purchaser immediately after the purchaser enters into possession.
18.5 If the purchaser does not comply with this clause, then without affecting any other right of the vendor –18.5.1 the vendor can before completion, without notice, remedy the non-compliance; and 18.5.2 if the vendor pays the expense of doing this, the purchaser must pay it to the vendor with interest at the rate prescribed under s101 Civil Procedure Act 2005
18.6 If this contract is rescinded or terminated the purchaser must immediately vacate the property
18.7 If the parties or their solicitors on their behalf do not agree in writing to a fee or rent, none is payable.
19 Rescission of contract
19.1 If this contract expressly gives a party a right to rescind, the party can exercise the right –19.1.1 only by serving a notice before completion; and 19.1.2 in spite of any making of a claim or requisition, any attempt to satisfy a claim or requisition, any arbitration, litigation, mediation or negotiation or any giving or taking of possession.
19.2 Normally, if a party exercises a right to rescind expressly given by this contract or any legislation –19.2.1 the deposit and any other money paid by the purchaser under this contract must be refunded; 19.2.2 a party can claim for a reasonable adjustment if the purchaser has been in possession; 19.2.3 a party can claim for damages, costs or expenses arising out of a breach of this contract; and 19.2.4 a party will not otherwise be liable to pay the other party any damages, costs or expenses.
20 Miscellaneous
20.1 The parties acknowledge that anything stated in this contract to be attached was attached to this contract by the vendor before the purchaser signed it and is part of this contract.
20.2 Anything attached to this contract is part of this contract.
20.3 An area, bearing or dimension in this contract is only approximate.
20.4 If a party consists of 2 or more persons, this contract benefits and binds them separately and together.
20.5 A party's solicitor can receive any amount payable to the party under this contract or direct in writing that it is to be paid to another person.
20.6 A document under or relating to this contract is –
20.6.1 signed by a party if it is signed by the party or the party's solicitor (apart from a direction under clause 4.8 or clause 30.4);
20.6.2 served if it is served by the party or the party's solicitor;
20.6.3 served if it is served on the party's solicitor, even if the party has died or any of them has died;
20.6.4 served if it is served in any manner provided in s170 of the Conveyancing Act 1919;
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20.6.5 served if it is sent by email or fax to the party's solicitor, unless in either case it is not received;
20.6.6 served on a person if it (or a copy of it) comes into the possession of the person;
20.6.7 served at the earliest time it is served, if it is served more than once; and
20.6.8 served if it is provided to or by the party’s solicitor or an authorised Subscriber by means of an Electronic Workspace created under clause 4. However, this does not apply to a notice making an obligation essential, or a notice of rescission or termination
20.7 An obligation to pay an expense of another party of doing something is an obligation to pay –
20.7.1 if the party does the thing personally - the reasonable cost of getting someone else to do it; or 20.7.2 if the party pays someone else to do the thing - the amount paid, to the extent it is reasonable.
20.8 Rights under clauses 4, 11, 13, 14, 17, 24, 30 and 31 continue after completion, whether or not other rights continue.
20.9 The vendor does not promise, represent or state that the purchaser has any cooling off rights.
20.10 The vendor does not promise, represent or state that any attached survey report is accurate or current.
20.11 A reference to any legislation (including any percentage or rate specified in legislation) is also a reference to any corresponding later legislation
20.12 Each party must do whatever is necessary after completion to carry out the party's obligations under this contract.
20.13 Neither taking possession nor serving a transfer of itself implies acceptance of the property or the title. 43-49
20.14 The details and information provided in this contract (for example, on pages 1 - 4) are, to the extent of each party's knowledge, true, and are part of this contract.
20.15 Where this contract provides for choices, a choice in BLOCK CAPITALS applies unless a different choice is marked.
20.16 Each party consents to –
20.16.1 any party signing this contract electronically; and 20.16.2 the making of this contract by the exchange of counterparts delivered by email, or by such other electronic means as may be agreed in writing by the parties
20.17 Each party agrees that electronic signing by a party identifies that party and indicates that party's intention to be bound by this contract.
21 Time limits in these provisions
21.1 If the time for something to be done or to happen is not stated in these provisions, it is a reasonable time.
21.2 If there are conflicting times for something to be done or to happen, the latest of those times applies.
21.3 The time for one thing to be done or to happen does not extend the time for another thing to be done or to happen.
21.4 If the time for something to be done or to happen is the 29th, 30th or 31st day of a month, and the day does not exist, the time is instead the last day of the month.
21.5 If the time for something to be done or to happen is a day that is not a business day, the time is extended to the next business day, except in the case of clauses 2 and 3.2.
21.6 Normally, the time by which something must be done is fixed but not essential.
22 Foreign Acquisitions and Takeovers Act 1975
22.1 The purchaser promises that the Commonwealth Treasurer cannot prohibit and has not prohibited the transfer under the Foreign Acquisitions and Takeovers Act 1975
22.2 This promise is essential and a breach of it entitles the vendor to terminate
23 Strata or community title
● Definitions and modifications
23.1 This clause applies only if the land (or part of it) is a lot in a strata, neighbourhood, precinct or community scheme (or on completion is to be a lot in a scheme of that kind).
23.2 In this contract –
23.2.1 'change', in relation to a scheme, means –
● a registered or registrable change from by-laws set out in this contract;
● a change from a development or management contract or statement set out in this contract; or
● a change in the boundaries of common property;
23.2.2 'common property' includes association property for the scheme or any higher scheme;
23.2.3 'contribution' includes an amount payable under a by-law;
23.2.4 ‘information certificate’ includes a certificate under s184 Strata Schemes Management Act 2015 and s171 Community Land Management Act 2021;
23.2.5 ‘interest notice’ includes a strata interest notice under s22 Strata Schemes Management Act 2015 and an association interest notice under s20 Community Land Management Act 2021;
23.2.6 ‘normal expenses', in relation to an owners corporation for a scheme, means normal operating expenses usually payable from the administrative fund of an owners corporation for a scheme of the same kind;
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23.2.7 ‘owners corporation' means the owners corporation or the association for the scheme or any higher scheme;
23.2.8 ‘the property' includes any interest in common property for the scheme associated with the lot; and
23.2.9 ‘special expenses', in relation to an owners corporation, means its actual, contingent or expected expenses, except to the extent they are –
● normal expenses;
● due to fair wear and tear;
● disclosed in this contract; or
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● covered by moneys held in the capital works fund.
23.3 Clauses 11, 14.8 and 18.4 do not apply to an obligation of the owners corporation, or to property insurable by it.
23.4 Clauses 14.4.2 and 14.6 apply but on a unit entitlement basis instead of an area basis.
● Adjustments and liability for expenses
23.5 The parties must adjust under clause 14.1 –
23.5.1 a regular periodic contribution;
23.5.2 a contribution which is not a regular periodic contribution but is disclosed in this contract; and 23.5.3 on a unit entitlement basis, any amount paid by the vendor for a normal expense of the owners corporation to the extent the owners corporation has not paid the amount to the vendor.
23.6 If a contribution is not a regular periodic contribution and is not disclosed in this contract –
23.6.1 the vendor is liable for it if it was determined on or before the contract date, even if it is payable by instalments; and
23.6.2 the purchaser is liable for all contributions determined after the contract date.
23.7 The vendor must pay or allow to the purchaser on completion the amount of any unpaid contributions for which the vendor is liable under clause 23.6.1.
23.8 Normally, the purchaser cannot make a claim or requisition or rescind or terminate in respect of –
23.8.1 an existing or future actual, contingent or expected expense of the owners corporation;
23.8.2 a proportional unit entitlement of the lot or a relevant lot or former lot, apart from a claim under clause 6; or
23.8.3 a past or future change in the scheme or a higher scheme.
23.9 However, the purchaser can rescind if –
23.9.1 the special expenses of the owners corporation at the later of the contract date and the creation of the owners corporation when calculated on a unit entitlement basis (and, if more than one lot or a higher scheme is involved, added together), less any contribution paid by the vendor, are more than 1% of the price;
23.9.2 in the case of the lot or a relevant lot or former lot in a higher scheme, a proportional unit entitlement for the lot is disclosed in this contract but the lot has a different proportional unit entitlement at the contract date or at any time before completion;
23.9.3 a change before the contract date or before completion in the scheme or a higher scheme materially prejudices the purchaser and is not disclosed in this contract; or
23.9.4 a resolution is passed by the owners corporation before the contract date or before completion to give to the owners in the scheme for their consideration a strata renewal plan that has not lapsed at the contract date and there is not attached to this contract a strata renewal proposal or the strata renewal plan.
● Notices, certificates and inspections
23.10 Before completion, the purchaser must serve a copy of an interest notice addressed to the owners corporation and signed by the purchaser.
23.11 After completion, the purchaser must insert the date of completion in the interest notice and send it to the owners corporation
23.12 The vendor can complete and send the interest notice as agent for the purchaser
23.13 The vendor must serve at least 7 days before the date for completion, an information certificate for the lot, the scheme or any higher scheme which relates to a period in which the date for completion falls.
23.14 The purchaser does not have to complete earlier than 7 days after service of the information certificate and clause 21.3 does not apply to this provision. On completion the purchaser must pay the vendor the prescribed fee for the information certificate.
23.15 The vendor authorises the purchaser to apply for the purchaser's own information certificate.
23.16 The vendor authorises the purchaser to apply for and make an inspection of any record or other document in the custody or control of the owners corporation or relating to the scheme or any higher scheme.
● Meetings of the owners corporation
23.17 If a general meeting of the owners corporation is convened before completion –23.17.1 if the vendor receives notice of it, the vendor must immediately notify the purchaser of it; and 23.17.2 after the expiry of any cooling off period, the purchaser can require the vendor to appoint the purchaser (or the purchaser's nominee) to exercise any voting rights of the vendor in respect of the lot at the meeting.
24 Tenancies
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24.1 If a tenant has not made a payment for a period preceding or current at the adjustment date –24.1.1 for the purposes of clause 14.2, the amount is to be treated as if it were paid; and 24.1.2 the purchaser assigns the debt to the vendor on completion and will if required give a further assignment at the vendor's expense.
24.2 If a tenant has paid in advance of the adjustment date any periodic payment in addition to rent, it must be adjusted as if it were rent for the period to which it relates.
24.3 If the property is to be subject to a tenancy on completion or is subject to a tenancy on completion –
24.3.1 the vendor authorises the purchaser to have any accounting records relating to the tenancy inspected and audited and to have any other document relating to the tenancy inspected;
24.3.2 the vendor must serve any information about the tenancy reasonably requested by the purchaser before or after completion; and
24.3.3 normally, the purchaser can claim compensation (before or after completion) if –
● a disclosure statement required by the Retail Leases Act 1994 was not given when required;
● such a statement contained information that was materially false or misleading;
● a provision of the lease is not enforceable because of a non-disclosure in such a statement; or
● the lease was entered into in contravention of the Retail Leases Act 1994
24.4 If the property is subject to a tenancy on completion –
24.4.1 the vendor must allow or transfer –
● any remaining bond money or any other security against the tenant's default (to the extent the security is transferable);
● any money in a fund established under the lease for a purpose and compensation for any money in the fund or interest earnt by the fund that has been applied for any other purpose; and
● any money paid by the tenant for a purpose that has not been applied for that purpose and compensation for any of the money that has been applied for any other purpose;
24.4.2 if the security is not transferable, each party must do everything reasonable to cause a replacement security to issue for the benefit of the purchaser and the vendor must hold the original security on trust for the benefit of the purchaser until the replacement security issues;
24.4.3 the vendor must give to the purchaser –
● at least 2 business days before the date for completion, a proper notice of the transfer (an attornment notice) addressed to the tenant, to be held by the purchaser in escrow until completion;
● any certificate given under the Retail Leases Act 1994 in relation to the tenancy;
● a copy of any disclosure statement given under the Retail Leases Act 1994;
● a copy of any document served on the tenant under the lease and written details of its service, if the document concerns the rights of the landlord or the tenant after completion; and
● any document served by the tenant under the lease and written details of its service, if the document concerns the rights of the landlord or the tenant after completion;
24.4.4 the vendor must comply with any obligation to the tenant under the lease, to the extent it is to be complied with by completion; and
24.4.5 the purchaser must comply with any obligation to the tenant under the lease, to the extent that the obligation is disclosed in this contract and is to be complied with after completion.
25 Qualified title, limited title and old system title
25.1 This clause applies only if the land (or part of it) –
25.1.1 is under qualified, limited or old system title; or
25.1.2 on completion is to be under one of those titles.
25.2 The vendor must serve a proper abstract of title within 7 days after the contract date.
25.3 If an abstract of title or part of an abstract of title is attached to this contract or has been lent by the vendor to the purchaser before the contract date, the abstract or part is served on the contract date.
25.4 An abstract of title can be or include a list of documents, events and facts arranged (apart from a will or codicil) in date order, if the list in respect of each document –
25.4.1 shows its date, general nature, names of parties and any registration number; and
25.4.2 has attached a legible photocopy of it or of an official or registration copy of it.
25.5 An abstract of title –
25.5.1 must start with a good root of title (if the good root of title must be at least 30 years old, this means 30 years old at the contract date);
25.5.2 in the case of a leasehold interest, must include an abstract of the lease and any higher lease;
25.5.3 normally, need not include a Crown grant; and
25.5.4 need not include anything evidenced by the Register kept under the Real Property Act 1900
25.6 In the case of land under old system title –
25.6.1 in this contract 'transfer' means conveyance;
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25.6.2 the purchaser does not have to serve the transfer until after the vendor has served a proper abstract of title; and
25.6.3 each vendor must give proper covenants for title as regards that vendor's interest.
25.7 In the case of land under limited title but not under qualified title –
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25.7.1 normally, the abstract of title need not include any document which does not show the location, area or dimensions of the land (for example, by including a metes and bounds description or a plan of the land);
25.7.2 clause 25.7.1 does not apply to a document which is the good root of title; and
25.7.3 the vendor does not have to provide an abstract if this contract contains a delimitation plan (whether in registrable form or not).
25.8 On completion the vendor must give the purchaser any document of title that relates only to the property
25.9 If on completion the vendor has possession or control of a document of title that relates also to other property, the vendor must produce it as and where necessary.
25.10 The vendor must give a proper covenant to produce where relevant.
25.11 The vendor does not have to produce or covenant to produce a document that is not in the possession of the vendor or a mortgagee.
25.12 If the vendor is unable to produce an original document in the chain of title, the purchaser will accept a photocopy from the Land Registry of the registration copy of that document.
26 Crown purchase money
26.1 This clause applies only if purchase money is payable to the Crown, whether or not due for payment.
26.2 The vendor is liable for the money, except to the extent this contract says the purchaser is liable for it.
26.3 To the extent the vendor is liable for it, the vendor is liable for any interest until completion.
26.4 To the extent the purchaser is liable for it, the parties must adjust any interest under clause 14.
27 Consent to transfer
27.1 This clause applies only if the land (or part of it) cannot be transferred without consent under legislation or a planning agreement.
27.2 The purchaser must properly complete and then serve the purchaser's part of an application for consent to transfer of the land (or part of it) within 7 days after the contract date.
27.3 The vendor must apply for consent within 7 days after service of the purchaser's part.
27.4 If consent is refused, either party can rescind
27.5 If consent is given subject to one or more conditions that will substantially disadvantage a party, then that party can rescind within 7 days after receipt by or service upon the party of written notice of the conditions.
27.6 If consent is not given or refused –
27.6.1 within 42 days after the purchaser serves the purchaser's part of the application, the purchaser can rescind; or
27.6.2 within 30 days after the application is made, either party can rescind
27.7 Each period in clause 27.6 becomes 90 days if the land (or part of it) is –
27.7.1 under a planning agreement; or
27.7.2 in the Western Division.
27.8 If the land (or part of it) is described as a lot in an unregistered plan, each time in clause 27.6 becomes the later of the time and 35 days after creation of a separate folio for the lot.
27.9 The date for completion becomes the later of the date for completion and 14 days after service of the notice granting consent to transfer.
28 Unregistered plan
28.1 This clause applies only if some of the land is described as a lot in an unregistered plan.
28.2 The vendor must do everything reasonable to have the plan registered within 6 months after the contract date, with or without any minor alteration to the plan or any document to be lodged with the plan validly required or made under legislation
28.3 If the plan is not registered within that time and in that manner –
28.3.1 the purchaser can rescind; and 28.3.2 the vendor can rescind, but only if the vendor has complied with clause 28.2 and with any legislation governing the rescission.
28.4 Either party can serve notice of the registration of the plan and every relevant lot and plan number.
28.5 The date for completion becomes the later of the date for completion and 21 days after service of the notice.
28.6 Clauses 28.2 and 28.3 apply to another plan that is to be registered before the plan is registered.
29 Conditional contract
29.1 This clause applies only if a provision says this contract or completion is conditional on an event.
29.2 If the time for the event to happen is not stated, the time is 42 days after the contract date.
29.3 If this contract says the provision is for the benefit of a party, then it benefits only that party
29.4 If anything is necessary to make the event happen, each party must do whatever is reasonably necessary to cause the event to happen.
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29.5 A party can rescind under this clause only if the party has substantially complied with clause 29.4.
29.6 If the event involves an approval and the approval is given subject to a condition that will substantially disadvantage a party who has the benefit of the provision, the party can rescind within 7 days after either party serves notice of the condition.
29.7 If the parties can lawfully complete without the event happening –
29.7.1 if the event does not happen within the time for it to happen, a party who has the benefit of the provision can rescind within 7 days after the end of that time;
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29.7.2 if the event involves an approval and an application for the approval is refused, a party who has the benefit of the provision can rescind within 7 days after either party serves notice of the refusal; and
29.7.3 the date for completion becomes the later of the date for completion and 21 days after the earliest of –
● either party serving notice of the event happening;
● every party who has the benefit of the provision serving notice waiving the provision; or
● the end of the time for the event to happen.
29.8 If the parties cannot lawfully complete without the event happening –
29.8.1 if the event does not happen within the time for it to happen, either party can rescind;
29.8.2 if the event involves an approval and an application for the approval is refused, either party can rescind;
29.8.3 the date for completion becomes the later of the date for completion and 21 days after either party serves notice of the event happening.
29.9 A party cannot rescind under clauses 29.7 or 29.8 after the event happens.
30 Manual transaction
30.1 This clause applies if this transaction is to be conducted as a manual transaction
● Transfer
30.2 Normally, the purchaser must serve the transfer at least 7 days before the date for completion
30.3 If any information needed for the transfer is not disclosed in this contract, the vendor must serve it.
30.4 If the purchaser serves a transfer and the transferee is not the purchaser, the purchaser must give the vendor a direction signed by the purchaser personally for that transfer.
30.5 The vendor can require the purchaser to include a covenant or easement in the transfer only if this contract contains the wording of the proposed covenant or easement, and a description of the land burdened and benefited.
● Place for completion
30.6 Normally, the parties must complete at the completion address, which is –30.6.1 if a special completion address is stated in this contract - that address; or
30.6.2 if none is stated, but a first mortgagee is disclosed in this contract and the mortgagee would usually discharge the mortgage at a particular place - that place; or
30.6.3 in any other case - the vendor's solicitor's address stated in this contract.
30.7 The vendor by reasonable notice can require completion at another place, if it is in NSW, but the vendor must pay the purchaser's additional expenses, including any agency or mortgagee fee
30.8 If the purchaser requests completion at a place that is not the completion address, and the vendor agrees, the purchaser must pay the vendor's additional expenses, including any agency or mortgagee fee.
● Payments on completion
30.9 On completion the purchaser must pay to the vendor the amounts referred to in clauses 16.5.1 and 16.5.2, by cash (up to $2,000) or settlement cheque.
30.10 Normally, the vendor can direct the purchaser to produce a settlement cheque on completion to pay an amount adjustable under this contract and if so –
30.10.1 the amount is to be treated as if it were paid; and
30.10.2 the cheque must be forwarded to the payee immediately after completion (by the purchaser if the cheque relates only to the property or by the vendor in any other case).
30.11 If the vendor requires more than 5 settlement cheques, the vendor must pay $10 for each extra cheque.
30.12 If the purchaser must make a GSTRW payment the purchaser must –
30.12.1 produce on completion a settlement cheque for the GSTRW payment payable to the Deputy Commissioner of Taxation;
30.12.2 forward the settlement cheque to the payee immediately after completion; and
30.12.3 serve evidence of receipt of payment of the GSTRW payment and a copy of the settlement date confirmation form submitted to the Australian Taxation Office
30.13 If the purchaser must pay an FRCGW remittance, the purchaser must –30.13.1 produce on completion a settlement cheque for the FRCGW remittance payable to the Deputy Commissioner of Taxation;
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30.13.2 forward the settlement cheque to the payee immediately after completion; and
30.13.3 serve evidence of receipt of payment of the FRCGW remittance
31 Foreign Resident Capital Gains Withholding
31.1 This clause applies only if –
31.1.1 the sale is not an excluded transaction within the meaning of s14-215 of Schedule 1 to the TA Act; and
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31.1.2 a clearance certificate in respect of every vendor is not attached to this contract.
31.2 If the vendor serves any clearance certificate or variation, the purchaser does not have to complete earlier than 5 business days after that service and clause 21.3 does not apply to this provision.
31.3 The purchaser must at least 2 business days before the date for completion, serve evidence of submission of a purchaser payment notification to the Australian Taxation Office by the purchaser or, if a direction under either clause 4.8 or clause 30.4 has been given, by the transferee named in the transfer the subject of that direction
31.4 The vendor cannot refuse to complete if the purchaser complies with clause 31.3 and, as applicable, clauses 4.10 or 30.13.
31.5 If the vendor serves in respect of every vendor either a clearance certificate or a variation to 0.00 percent, clauses 31.3 and 31.4 do not apply.
32 Residential off the plan contract
32.1 This clause applies if this contract is an off the plan contract within the meaning of Division 10 of Part 4 of the Conveyancing Act 1919 (the Division).
32.2 No provision of this contract has the effect of excluding, modifying or restricting the operation of the Division.
32.3 If the purchaser makes a claim for compensation under the terms prescribed by sections 4 to 6 of Schedule 3 to the Conveyancing (Sale of Land) Regulation 2022 –
32.3.1 the purchaser cannot make a claim under this contract about the same subject matter, including a claim under clauses 6 or 7; and
32.3.2 the claim for compensation is not a claim under this contract.
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Contract Additional Conditions
Elysian – The Entrance
33. Definitions
33.1 The following words have these meanings in this contract unless the contrary intention appears:
Act means the Conveyancing Act 1919;
Additional Conditions means the additional conditions attached to this contract;
ATO means the Australian Taxation Office;
Bank Guarantee means an irrevocable and unconditional undertaking in favour of the vendor for an amount not less than 10% of the purchase price which:
(a) a bank issues at the request of the purchaser;
(b) contains terms and conditions acceptable to the vendor;
(c) accurately identifies this contract, including the details of the parties and the Property; and
(d) does not specify an expiry date;
Building means that part of the improvements on the Development Site, constructed or to be constructed, which is the subject of the Strata Plan;
By-law Instrument means the instrument setting out the by-laws which is registered with the Strata Plan;
Claim means any claim, losses, Costs, charges, allegation, suit, action, demand, cause of action or proceeding of any kind made under or in connection with this contract or the Property whether or not it arises at Law or in any other way;
Commencement Date means 1 July 2023;
Common Property means the common property in the Strata Scheme;
Completion Date means the date fixed for completion of this contract pursuant to clause 52;
Construction Amendments includes:
(a) changes to floor area or ceiling heights in the Building, including but not limited to the Property;
(b) changes to enable the proper construction of the Building;
(c) changes to the exterior of the Building;
(d) changes to the car parking area, including but not limited to the layout;
(e) increase or reduce the number of and allocate, reallocate or relocate car parking spaces, storage spaces and utility lots in the Strata Plan and the Development Site;
(f) changes to the internal layout of the Building, including but not limited to the Property; and
(g) changes to enable the provision of services within the Building,
or any one or more of them;
Construction Certificate means the building approval in respect of the Building, and as varied from time to time;
Costs include:
(a) costs, charges and expenses, including those incurred in connection with advisers, experts and consultants (including legal costs calculated on a solicitor and own client basis);
(b) damages, losses, injury (whether actual or contingent) suffered or incurred by a party; and
(c) any fines, penalties, interest or similar item imposed by any legislation;
Council means Central Coast Council;
Defects means any defects or faults in the Property (or in the Common Property as applicable) due to faulty materials or workmanship but excluding minor shrinkage, minor settlement cracks, normal maintenance and normal wear and tear and excluding Special Faults;
Defects Period means the period commencing on the date of completion and ending on the date 3 months after the date of completion;
Deposit see clause 42;
Designated Matters means:
(a) the exercise of any of the vendor’s rights or the carrying out of any of the vendor’s obligations;
(b) such of the matters described in clause 60 as are required to be done by the vendor, or may be done by the vendor in its discretion;
(c) creation of easements or the making of other arrangements contemplated by clause 37; and
(d) creation of by-laws including exclusive use and special privilege by-laws of Common Property;
(e) the allocation of signage to individual lot owners under the By-laws;
(f) the Development Activities; and
(g) the selling and leasing activities described in clause 59;
Development means the development to be constructed on the Development Site by the vendor, including the Building;
Development Activities means:
(a) any form of demolition work, excavation work or landscaping work on and near the Development Site, including in relation to the Building;
(b) any form of demolition work, excavation work, landscaping work or building work by the vendor or a Related Body Corporate of the vendor as contemplated under or referred to in this contract;
(c) any form of building work or work ancillary to or associated with building work on and near the Development Site including, without limitation, work in connection with the retail/commercial component of the Development, the later construction of a building, and the installation of services;
(d) the staging of construction or strata registration;
(e) the addition, amendment or deletion of lots, car spaces, storage areas or any other area;
(f) the registration of a Draft Strata Plan and Draft Strata Plan Instrument for the Development Site;
(g) the use and/or operation and/or fitout of any part of the Development or a lot within the Strata Scheme;
(h) the granting of leases or licenses or other occupancy rights in respect of any part of the Development, including for telecommunication and other service providers;
(i) any other such approvals required by the vendor or its assignee for carrying out the Development;
(j) any form of work other than the forms of work referred to in paragraph (a) and (b) of this definition which is considered necessary or desirable by the vendor;
(k) the subdivision of land forming part of the Development Site; and
(l) the dedication of land forming part of the Development Site;
Development Approval means the development consent(s) in respect of the Development, Building and/or Property as modified from time to time;
Development Site means Lot 1 in DP 1091741;
Disclosure Statement means the disclosure statement and accompanying documents attached to this contract which may be varied by further disclosures issued by or on behalf of the vendor and includes:
(a) a disclosure statement required under Section 66ZM of the Act, including any changes in a further notice served in accordance with Section 66ZN of the Act;
(b) a copy of the Draft Strata Plan prepared by a registered surveyor and which includes the information required under Clause 4A(1) of the Regulation;
(c) copies of the documents required under Clause 4A(3) of the Regulation, including:
(i) proposed Schedule of Finishes and Fixtures;
(ii) Draft Strata Plan Instrument; and
(iii) Draft By-laws
Disclosures means the disclosure of information, concepts and proposals regarding the Development Site and the Development, including the disclosures provided in and attached to this contract and the Disclosure Statement;
Draft By-law Instrument means Attachment 2;
Draft Strata Plan means Attachment 1;
Extended Registration Date see clause 50.1;
Floor Plan means the floor plan showing an indicative layout of the Property a draft of which is attached to this Contract;
Governmental Agency means any government, semi or local government, statutory, or public or other authority having jurisdiction over the Development Site;
GST refers to a tax under the GST Act;
GST Act means the A New Tax System (Goods and Services Tax) Act 1999;
GST Amount means the amount of GST to be remitted by the purchaser to the ATO identified in clause 66 (if any);
Guarantor means each person who signs this contract as guarantor;
Law means any statute, regulation, ordinance, by-law or statutory notice, direction or requirement;
LRS means NSW Land Registry Services;
Material Change means a change, inaccuracy, difference or matter which:
(a) detrimentally affects the Property to an extent which is substantial; or
(b) will, or is likely to, adversely affect the purchaser’s use or enjoyment of the Property; or
(c) will materially prejudice the purchaser;
Normal Expenses in relation to the Owners Corporation means normal operating expenses usually payable from the administrative fund of an owners corporation including insurance and regular maintenance charges for landscaping and the like;
Occupation Certificate means a certificate within the meaning of the Environmental Planning and Assessment Act 1979 in respect to the Property (including an interim occupation certificate);
Owners Corporation means the owners corporation created on registration of the Strata Plan;
Personal Information has the meaning given to it under the Privacy and Personal Information Protection Act 1998 (NSW);
Property means the lot or lots to be purchased as shown on page 1 of this contract and as indicatively shown on the Floor Plan;
Registration Date means 30 September 2026;
Registration Documents means the documents referred to in Schedule 1;
Regulation means the Conveyancing (Sale of Land) Regulation 2022;
Related Body Corporate has the meaning given to it in the Corporations Act 2001 (Cth);
Replaced Document has the meaning given to it in clause 48.1;
Replacement Document has the meaning given to it in clause 48.1;
Service Providers includes Council, any Governmental Agency or public authority, and any person in the business of supplying services to the public and/or strata and mixed-use buildings;
Schedule of Finishes and Fixtures means Attachment 3;
Special Fault means a structural fault or defect in the Property, which because of its nature requires urgent attention, or may cause danger to persons in the Property or which makes the Property uninhabitable;
Standard Form means the standard form Contract for Sale and Purchase of Land – 2019 Edition;
Standard Requisitions means Attachment 4;
Strata Management Act means the Strata Schemes Management Act 2015 and any replacement act;
Strata Parcel means the land the subject of the Strata Scheme;
Strata Plan means the strata plan to be registered in respect of the Property;
Strata Plan Instrument means the instrument setting out the terms of easements, restrictions on use of land and property covenants intended to be created and registered with the Strata Plan (if any);
Strata Scheme means the strata scheme constituted on registration of the Strata Plan; and
Vendor’s Representative means the vendor’s representative from time to time under the building contract for the construction of the Building.
34. Interpretation
34.1 In this contract unless the contrary intention appears:
(a) headings are for convenience only and do not affect interpretation;
(b) the singular includes the plural and vice versa;
(c) a gender includes any gender;
(d) if a word or phrase is defined, then its other grammatical forms have a corresponding meaning;
(e) a reference to person includes:
(i) a body corporate, an unincorporated body or other entity;
(ii) a reference to that person’s executors, administrators, successors, permitted assigns and substitutes; and
(iii) a person to whom this contract is novated;
(f) a reference to a clause, is to a clause of this contract;
(g) a reference to a schedule, annexure or attachment is to a schedule, annexure or attachment to this contract;
(h) a reference to a specific document is to that document as amended, novated, supplemented, varied or replaced;
(i) a reference to a thing, including but not limited to a right, includes a reference to a part of that thing;
(j) a reference to legislation includes but is not limited to a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument under it;
(k) a reference to conduct, includes but is not limited to, an omission, statement or undertaking whether or not in writing;
(l) an agreement, representation or warranty in favour of two or more people is for the benefit of them jointly and severally;
(m) an agreement, representation or warranty on the part of two or more people binds them jointly and severally;
(n) if a period of time runs to or from a given date, act or event, then the time is calculated exclusive of the date, act or event;
(o) a reference to a business day is a reference to a period of time commencing at midnight and ending 24 hours later; and
(p) a reference to time is a reference to Newcastle time.
34.2 The provisions of this contract, which are intended to have application after completion, continue to apply from completion.
34.3 If there is an inconsistency between the Standard Form and the Additional Conditions, then the Additional Conditions prevail.
35. Amendments to Standard Form
The following clauses in the Standard Form are amended:
(a) by deleting clause 2.9;
(b) by deleting clause 3;
(c) by deleting clause 30.2 and inserting the following provision:
‘The purchaser must serve the form of the transfer within 7 days after the day on which the vendor serves notice of the registration of the Registration Documents’;
(d) by deleting clause 5.1
(e) by deleting clause 5.2.1 and inserting the following provision:
‘If it arises out of this contract or is a general question about the Property or the title – within 7 days after the day on which the vendor serves notice of registration of the Registration Documents’;
(f) by deleting clause 5.2.2 and inserting the following provision:
‘If it arises out of anything served by the vendor on the purchaser – within 7 days after the later of the day on which the vendor serves notice of registration of the Registration Documents and the day of that service.’;
(g) by deleting in clause 7.1.1 ‘5%’ and inserting instead ‘1%’;
(h) by deleting clause 7.2.1;
(i) by deleting clause 7.2.2;
(j) by deleting clause 7.2.5;
(k) by deleting clause 8.1 and inserting the following provision:
‘The vendor can rescind if:
8.1 the vendor is unable or unwilling to comply with an objection, requisition or claim;
8.2 the vendor serves notice of intention to rescind, which specifies the objection, requisition or claim; and
8.3 the purchaser does not serve a notice waiving the objection, requisition or claim within 10 business days after that service.’;
(l) by deleting clause 8.2;
(m) clause 13.7.2 is amended by inserting after the word ‘completion’ the words ‘or within 14 business days of a liability arising under this clause 13.7, if it arises after completion’;
(n) by deleting clause 13.8;
(o) by deleting clause 13.13;
(p) by deleting clause 14.4;
(q) clause 18 is amended by adding the following provision:
‘18.8 The purchaser cannot make a requisition or Claim after entering into possession’;
(r) clause 20.6.5 is deleted;
(s) clause 20.6 is amended by adding the following provision:
‘20.6.9 For the purposes of clause 20.6.5, a document is taken to have been received when the transmission has been completed unless:
the sender’s machine indicates a malfunction in transmission or the recipient immediately notifies the sender of an incomplete transmission, in which case the document is taken not to have been served; or
the time of dispatch is later than 5pm on a Business Day in the place to which the document is sent, in which case it is taken to have been served at 9am on the next Business day at that place.’;
(t) clauses 23 to 29 inclusive are deleted; and
(u) clause 4 is amended by:
(i) inserting at the end of clause 4.1.2 ‘provided that the purchaser must serve with any notice of the purchaser evidence acceptable to the vendor the purchaser is unable to conduct the Conveyancing Transaction as an electronic transaction’;
(ii) adding the following provision:
‘4.15 If the purchaser has not completed a task required to be completed by the purchaser in the electronic workspace, such as creating and populating an electronic transfer as required under clause 4, the vendor may complete the task and the purchaser must pay the vendor’s costs of doing so by allowing to the vendor the sum of $100 plus GST as an adjustment on Completion.’
(iii) adding the following provision:
’4.16
Without limiting any rights of the vendor and without limiting any other provision of this contract, if Completion does not take place on or before the Completion Date because or partly because the purchaser has not complied with its obligations under clause 4, and/or because or partly because of something the purchaser’s incoming mortgagee has or has not done, the parties acknowledge clause 53 (Notice to complete) and clause 54 (Interest on delayed completion) will apply ’
36. Vendor’s disclosures
36.1 Disclosure Statement
The Purchaser acknowledges that:
(a) before signing this contract the purchaser received and read the Disclosure Statement; and
(b) the Disclosure Statement and the required documents prescribed by the Act and the Regulations are attached to this contract.
36.2 General disclosures
The vendor discloses:
(a) the vendor proposes to subdivide and develop the Development Site as a 7 storey residential flat building with 55 residential apartments as indicated in this contract, the Development Approval and the Registration Documents; however, the development proposal may not be final and may be changed;
(b) the vendor intends to procure the registration of the Registration Documents;
(c) the By-laws will regulate the management and operation of the Building and will bind the purchaser, the Owners Corporation and other occupiers of the Building;
(d) the vendor may (but is not obliged to) procure, during or after the initial period (as defined in the Strata Management Act) the:
(i) appointment by the Owners Corporation of a managing agent for the Building and the Owners Corporation and to enter into agreements giving effect to any such appointment;
(ii) appointment by the Owners Corporation of a facilities manager and/or caretaker and to enter into agreements giving effect to any such appointments;
(iii) Owners Corporation to grant such consents to the vendor as in its absolute discretion it may require for the purposes of carrying out the Development and the Development Activities; and
(iv) production of the certificate of title for the Common Property at the LRS from time to time to enable the registration of plans of subdivision, plans of consolidation or to record registration of an instrument or other dealing.
(e) the following about the appointments, and agreements giving effect to any appointment, referred to in clause 36.2(d):
(i) the strata manager, facilities manager and/or caretaker will be such company nominated by the vendor; and
(ii) the vendor does not know the amount of the fee which will be payable to the strata manager, facilities manager and/or caretaker under the respective agreement
(f) the mix of uses for the Development Site as described in this clause may change; and
(g) the vendor does not warrant the accuracy or completeness of any document referred to in or attached to this contract.
36.3 Development Activities
The vendor discloses:
(a) any Development Approval for the Development is subject to variation, amendment and/or subsequent development application(s) as required by the vendor to carry out the Development Activities including without limitation a modification under section 4.55 of the Environmental Planning and Assessment Act 1979;
(b) it proposes to subdivide the Develpoment Lot by registering one or more strata plans, including the Strata Plan creating the Property, car parking, Common Property;
(c) the vendor, either alone or with others, proposes to carry out Development Activities on the Development Site and may do so in stages;
(d) the number, position and configuration of the lots in the Strata Plan as registered may vary from the number, position or configuration of lots as shown in the Draft Strata Plan;
(e) the vendor may procure the creation of by-laws granting some of the owners of lots in the Building exclusive use or special privileges of Common Property;
(f) it may be necessary to make changes to the draft documents attached to this contract to meet the requirements of the vendor, Council, Service Providers or a Governmental Agency;
(g) any display suite and marketing material for the Development, including any finishes, fixtures, furniture, colour and finishes boards and other items shown, are for illustration purposes only and do not necessarily reflect the items that will be delivered on completion;
(h) easements, restrictions on use or positive covenants may be imposed or required by Council or Governmental Agency, or as required to complete the Development, which are not disclosed in this contract;
(i) arrangements with Service Providers for the provision of services to the Building and the Strata Parcel may not have been concluded as at the contract date;
(j) the vendor may enter into arrangements with Service Providers including, but not limited to easements, restrictions on use, positive covenants, leases, bonds, guarantees or security deposits;
(k) the vendor may be required to procure the Owners Corporation to enter into arrangements with Service Providers for the provision of services to the Development, the Building and the Strata Parcel or assume obligations under agreements in relation to those arrangements (between the vendor and the Service Providers);
(l) the vendor may change the lot number for the Property or other lot in the Strata Plan;
(m) the vendor may increase or reduce the number of lots within the Development Site, the Strata Plan or within the Strata Scheme;
(n) the Draft Strata Plan may not include an allocation of unit entitlements for the Strata Plan. The vendor will, prior to registration of the Strata Plan, allocate and apportion unit entitlements for the Strata Plan in accordance with a valuation of the lots in the Strata Plan by a qualified valuer as required under the Strata Management Act and regulations made under that Act;
(o) the vendor may make changes to the car parking area to be constructed on the Development Site, including but not limited to the layout, to the effect that the car parking area as constructed may not be as depicted in this contract;
(p) some or all of the easements, covenants, restrictive covenants, leases and instruments anticipated to be created or released may be created by another plan or instrument;
(q) the vendor may create easements, covenants, restrictive covenants and/or instruments relating to fire egress over lots within the Development which comprise a courtyard which are not disclosed in this contract. If the Property comprises a courtyard, the purchaser acknowledges that the Property may be affected by such easements, covenants, restrictive covenants and/or instruments; and
(r) the terms of the Registration Documents may not be finalised and may change
36.4 Position of Central Coast Council’s supply
The vendor specifically discloses that:
(a) the position of Council’s water supply on the Development Site at the time of completion may not be as shown in the diagrams attached to the contract; and
(b) the vendor is not sure what the exact position of the Council’s water supply on the Development Site will be at the time of completion but will ensure that if the water supply passes under buildings in the Development Site the necessary approvals for building over water supply will be obtained from Council (and any requirements will be complied with).
36.5 Neighbouring land
The vendor discloses:
(a) land surrounding or in the vicinity of the Development Site is or may be undergoing development and future development of that land will be subject to development applications and conditions of consent as determined by the relevant consent authorities;
(b) land surrounding or in the vicinity of the Development Site may be public land and the vendor is not in control of this public land nor is it in control of any changes proposed for any public land; and
(c) the vendor may be required to carry out certain works on the Development Site and/or on land adjacent to the Development Site as required by the Development Approval.
36.6 Disclosures
In this clause 36, the vendor discloses some of the Disclosures. The Disclosures reflect the vendor’s current proposals and concepts in relation to the Development. Unless otherwise provided in this contract, the Disclosures do not impose obligations on the vendor to effect those proposals and concepts nor do the disclosures restrict the vendor from varying those proposals and concepts.
36.7 Purchaser’s acknowledgements
The purchaser acknowledges the Disclosures. Subject to the provisions of the Act, the purchaser cannot make any Claim or requisition, delay completion, rescind or terminate this contract because of any Disclosure, including those in this clause 36
36.8 Non merger
This clause 36 does not merge on completion.
37. Easements etc
37.1 The purchaser is aware that at the contract date all:
(a) the easements, restrictions on use and covenants, dedications, grants, by-laws;
(b) the licences, sublicences, leases, agreements and arrangements; and
(c) the rights and privileges, affecting the Building, the Property, the Strata Scheme or the Owners Corporation may not have been created, entered into, granted or dedicated and following the date of this contract the vendor may create, enter into, make, grant or dedicate those that have not have been created, entered into, granted or dedicated, including without limitation those in favour of any Service Providers.
37.2 Subject to clause 57 and subject to the provisions of the Act, the purchaser may not make a Claim, requisition or objection, delay completion, rescind or terminate this contract as a result of any matter arising out of this clause 37.
38. Purchaser’s representations, warranties and acknowledgements
38.1 The purchaser represents and warrants that as at the date of this contract and at the date of Completion:
(a) it was not induced to enter into this contract by and did not rely on any representations made by the vendor, the vendor's agent or persons on behalf of the vendor or warranties about the subject matter of this contract (including, without limitation, representations or warranties about the nature or the fitness or suitability for any purpose of the Property or the Development the view from the Property or the Development or about any financial return or income to be derived from the Property or the Development or anything in an advertisement or sales brochure or report) except those representations and warranties set out in this contract;
(b) it has relied entirely on its own enquiries relating to the Building and the Property prior to entering into this contract including the obtaining of independent advice regarding the purchaser’s rights and obligations under this contract, the nature of the Property or the Development and the purpose for which the Property or the Development may be lawfully used and the purchaser’s entitlement (if any) to claim income tax deductions under the Income Tax Assessment Act 1936 for depreciation of any plant or equipment in the Property or in connection with the cost of construction of the Development;
(c) it has satisfied itself as to its obligations and rights under this contract;
(d) it has inspected, has obtained appropriate independent advice regarding, and is satisfied about all documentation attached to this contract including the Disclosure Statement, and is aware of all of the terms of and restrictions and prohibitions contained in this documentation; and
(e) it intends to use the Property as a residential apartment in a multi-storey residential flat building and does not have any special or particular requirements in respect of the purchaser’s use and enjoyment of the Property.
38.2 The purchaser agrees and acknowledges:
(a) the Development may vary from the Development proposed at the date of this contract;
(b) the vendor may in its absolute discretion elect not to complete the Development or any part of it, other than as required by this contract;
(c) the Development Site is within an urban redevelopment precinct which is could comprise mixed developments including commercial, retail and residential use; and
(d) land surrounding or in the vicinity of the Development Site is land which is not in control of the vendor and that such land may be subject to landscaping, tree planting, roadworks and redevelopment.
38.3 The purchaser agrees and acknowledges:
(a) the vendor may elect to change the number and configuration of lots in the Building;
(b) the vendor may elect to change the size or location of any property (other than the Property), car space or storage space in the Development;
(c) the vendor may change the numbering of the lots, car spaces and storage spaces in the Development;
(d) the vendor may change the proposed unit entitlement for the Property or the proposed unit entitlements for the other lots in the Building at any time prior to lodgement of the Strata Plan for registration; and
(e) the final unit entitlement for the Property will be binding and conclusive and the purchaser may not make any Claim or requisition, delay completion, rescind or terminate for any reason associated with the schedule of unit entitlements endorsed on the Strata Plan.
38.4 The purchaser must not make any objection, requisition, Claim, delay completion, rescind or terminate in respect of a matter referred to in this clause and in the documentation attached to this contract.
38.5 The purchaser acknowledges the vendor has entered into this contract on the basis the representations, warranties and acknowledgements contained in this clause are true and not misleading.
38.6 The purchaser indemnifies the vendor against any liability or Claim the vendor may suffer or incur in connection with a breach of the purchaser’s representations, and
acknowledgements contained in this clause and in connection with all actions, proceedings and expenses arising out of any such breach including, without limitation, legal costs, and expenses in a full indemnity basis.
39. FIRB
The purchaser:
(a) acknowledges the vendor may (but is not obliged to) apply for approval from the Foreign Investment Review Board (“FIRB”) to sell parts or lots in the Development to foreign interests;
(b) must notify the vendor in writing prior to entering into this contract if the purchaser is a foreign person as defined in the Foreign Acquisitions and Takeovers Act 1978 (“FATA”) and requires approval from FIRB to purchase the Property. Where no such notice is given prior to the exchange date, the purchaser represents and warrants to the vendor that it is not a foreign person as defined in the FATA and the purchaser does not require approval from FIRB to purchase the Property;
(c) cannot make any objection, requisition, Claim, delay completion, rescind or terminate this contract because of any matter referred to in this clause; and
(d) indemnifies the vendor against any liability or Claim the vendor may suffer or incur in connection with a breach of the purchaser’s warranty in clause 39(b)
40. Development Activities
40.1 The purchaser acknowledges that the vendor intends to carry out some or all of the Development Activities and the Development Activities may continue to be carried out after completion.
40.2 The purchaser cannot not make a Claim arising out of the Development Activities carried on by the vendor or do any act or thing to restrain the vendor (or its agents or contractors) from carrying out the Development Activities.
40.3 This clause 40 does not merge on completion.
41. Agent
41.1 The purchaser has dealt only with the agent nominated in this contract. If there is no agent nominated in this contract, the purchaser has not dealt with any agent.
41.2 The purchaser warrants that it has not dealt with any real estate agent in relation to the Property in a way that may give rise to a Claim against the vendor for agent's commission or expenses in respect of the sale.
41.3 The purchaser indemnifies the vendor against any Claim arising out of a breach of the purchaser’s warranty in clause 41.2.
41.4 This clause 41 does not merge on completion.
42. Payment of Deposit
42.1 Full 10% Deposit
The deposit being the full 10% of the purchase price as shown on page one of this contract (the “Deposit”) is payable by the purchaser on the making of this contract.
42.2 Bank Guarantee
(a) The Deposit (or part thereof) may be paid by an original Bank Guarantee provided that such Bank Guarantee:
(i) is unconditional and irrevocable;
(ii) is issued by an Australian Prudential Regulation Authority registered institution which has a minimum A Standard & Poor’s rating (“Rating”); and
(iii) has no expiry date or where the Bank Guarantee does have an expiry date, the Bank Guarantee must have an expiry date later than 6 months after the Extended Registration Date.
(b) The delivery to the vendor’s solicitor of a Bank Guarantee is deemed for the purposes of this contract delivery on account of the Deposit to the person or persons nominated in this contract to receive the Deposit, and the following provisions apply:
(i) on completion of this contract or such other time as may be provided for, the purchaser must pay the amount stipulated in the Bank Guarantee to the vendor in cash or by unendorsed bank cheque; or
(ii) if the vendor gives the purchaser a notice in writing claiming to forfeit the Deposit under this contract the purchaser must pay the vendor the amount of the Deposit stipulated in the Bank Guarantee within 2 business days of receiving that notice.
(c) If the purchaser does not comply with clause 42.2 (b)(i) or (ii);
(i) the purchaser is immediately without notice, in breach of an essential obligation of this contract; and
(ii) the vendor is entitled to demand and receive payment of the amount stipulated in the Bank Guarantee from the issuer of such Bank Guarantee.
(d) The time provisions contained in this clause 42.2 are essential conditions of this contract.
(e) If at any time the issuer of the Bank Guarantee does not meet the required Rating set out in 42.2 (a)(ii) or if the issuer becomes insolvent, the purchaser must serve a replacement Bank Guarantee on the same terms and conditions as the original guarantee or otherwise pay the full 10% Deposit by way of cash or unendorsed bank cheque within 2 business days from the date of reduced rating or insolvency. Any replacement bank guarantee must comply with the provisions of this clause 42.2 including without limitation that it is issued by an issuer meeting the required Rating.
(f) If the purchaser provides a Bank Guarantee and completion has not taken place at least 6 months before any expiry date (if any) of the Bank Guarantee, the purchaser must no later than 60 days before the date the Bank Guarantee is due to expire provide the vendor with:
(i) a replacement Bank Guarantee on identical terms and conditions to the Bank Guarantee originally provided under this contract, except that the expiry date of the replacement Bank Guarantee must expire at least 12 months after that original expiry date; or
(ii) otherwise pay the full 10% Deposit by way of cash or unendorsed bank cheque, and time is of the essence under this clause.
(g) If the purchaser fails to provide a replacement guarantee or make payment of the full 10% Deposit in circumstances which require it do so, the purchaser is in breach of an essential term of this contract.
43. Investment of deposit
43.1 The parties direct the depositholder:
(a) subject to clause 43.6, to invest the Deposit in an interest bearing account;
(b) when requested by the vendor, to withdraw the Deposit and interest earned on the Deposit and reinvest the sum withdrawn with any bank nominated by the vendor;
(c) when requested by the vendor, to withdraw the Deposit and interest earned on the Deposit in anticipation of completion in accordance with any settlement cheque direction or order on agent;
(d) to withdraw the Deposit and interest earned on the Deposit on completion, rescission or termination of this contract (whichever occurs first); and
(e) to pay the interest earned on the Deposit in accordance with clause 43.3.
43.2 The purchaser acknowledges and warrants:
(a) no interest is earned whilst the Deposit or any part thereof is held in the depositholder’s trust account or in the trust account or in the trust account of the vendor’s solicitor; and
(b) no complaint, delay in completion or Claim will be made against the vendor in relation to the particular financial institution, the interest rate, term or return on the invested Deposit provided that the Deposit is invested in accordance with this contract.
43.3 The purchaser is entitled to half of the interest earned on the Deposit on Completion or rescission of this contract; however, if a party terminates this contract because of a party’s default, the terminating party is entitled to all interest earned and such payment of interest is without limitation to any other remedy available to the terminating party.
43.4 All proper government taxes and financial charges and other charges are to be deducted from the interest earned on the Deposit before payment is made under this clause.
43.5 The purchaser acknowledges it may not receive from the bank its full share of the interest earned on the Deposit if it fails to provide to the depositholder its tax file number by the date of this contract in accordance with clause 43.6
43.6 Tax File Number
(a) Each purchaser agrees to provide the depositholder with the purchaser’s tax file number (“TFN”) and date of birth (if applicable) to enable the Deposit to be invested and to avoid the withholding of any interest earned on the Deposit.
(b) The purchaser may not make a Claim against the depositholder or the vendor, requisition, delay completion, rescind or terminate this contract where the purchaser has not provided its TFN and dates of birth delaying the investment of the Deposit and resulting in interest being withheld.
(c) The depositholder may from time to time provide the purchaser with a bank statement so that the purchaser may declare any interest earned to the ATO. The purchaser must ensure that any declaration of interest is adjusted in accordance with this clause 43 and may not make a Claim against the depositholder or the vendor, requisition, delay Completion, rescind or terminate this contract relating to any such declaration of interest, or failure or incorrect declaration of interest or where interest is declared at the incorrect time.
43.7 The purchaser indemnifies the vendor and the depositholder against any Claims arising from a breach of this clause 43 by the purchaser. This clause also operates as a deed poll for the benefit of the depositholder.
44. Commencement Date
44.1 Notwithstanding any other clause to the contrary, the vendor may at any time prior to the Commencement Date notify the purchaser that the Development will not proceed and rescind this contract in which case the purchaser will have no Claim against the vendor.
44.2 The purchaser acknowledges that this clause 44 is for the benefit of the vendor and the rights given by it can be waived by the vendor at any time prior to the Commencement Date.
45. Conditions Precedent
45.1 The obligations of the vendor to sell and the purchaser to purchase the Property are subject to the fulfilment of the following conditions precedent:
(a) the issue of a Construction Certificate;
(b) the vendor satisfying any pre-sales set by its financier for the Development; and
(c) the vendor obtaining finance for the Development on terms and conditions all of which must be found satisfactory to the vendor at its sole discretion;
(“Conditions Precedent”)
and if any of the Conditions Precedent are not satisfied on or before 5pm, 30 June 2024 (“Conditions Date”), then the vendor can rescind this contract by notice in writing to the purchaser in which case neither party will be under any obligation to, or have any Claim against, the other party under this contract other than in respect of any antecedent breach of this contract.
45.2 The vendor may notify the purchaser within 21 days after the Conditions Date if the Conditions Precedent have not been satisfied and if no such notice is given by the vendor, the Conditions Precedent will be deemed to have been satisfied and this contract will no longer be subject to or conditional on the Conditions Precedent.
45.3 The purchaser acknowledges that this clause 45 is for the benefit of the vendor and rights given by it can be waived by the vendor at any time prior to the Conditions Date.
46. Construction of Building
46.1 Subject to clauses 44 and 45, before completion the vendor must cause the construction and completion of the Building in a proper and workmanlike manner and substantially in accordance with the Development Approval.
46.2 The vendor can, without being required to give any notice to the purchaser, make Construction Amendments:
(a) to meet, or as a consequence of meeting, the requirements of the Council, an accredited certifier or other relevant authority;
(b) to substitute materials if those materials are difficult for the vendor to obtain at a cost acceptable to the vendor;
(c) required for the proper construction of the Building as determined by the vendor; or
(d) to allocate, reallocate, change the location or configuration of and/or change the size of any car park(s) forming part of the Property.
46.3 Subject to the Act, at any time before completion, the vendor may give notice of a Construction Amendment other than as set out in clauses 46.2(a) which may, in the vendor’s opinion, be a Material Change
46.4 Subject to the Act, if there are any Construction Amendments other than as set out in clauses 46.2(a) which are a Material Change and the vendor gives notice under clause 46.3, the purchaser may, within 14 days after the day the notice is given, elect by written notice to the vendor to either:
(a) rescind the contract; or
(b) accept the affect of the Construction Amendment on the Property without any right to make a Claim or seek a reduction in the purchase price,
(c) and in this respect time is of the essence.
46.5 Subject to the Act, if the purchaser does not give notice to the vendor in accordance with clause 46.4, the purchaser will be deemed to have accepted the affect of the Construction Amendment on the Property.
46.6 Subject to the Act and subject to the purchaser’s right of rescission pursuant to clause 46.4, the purchaser may not make any Claim or requisition, delay completion, rescind or terminate in respect of any Construction Amendments made under clause 46.2
47. Finishes and fixtures
47.1 The vendor must use reasonable endeavours before completion:
(a) subject to clause 47.2(a), to cause the Property to be finished as specified in the Schedule of Finishes and Fixtures; and
(b) subject to clause 47.2(b), to cause to be installed in the Property the items as specified in the Schedule of Finishes and Fixtures.
47.2 The vendor may change without notice to the purchaser:
(a) any finish specified in the Schedule of Finishes and Fixtures to another finish of equivalent quality; and
(b) any item to be installed in the Property specified in the Schedule of Finishes and Fixtures to another item of equivalent quality.
48.
Replacement or amendment of documents
48.1 At any time before the vendor gives notice that the Registration Documents are registered, the vendor may:
(a) replace a document or plan attached to this contract (“Replaced Document”) with another document or plan (“Replacement Document”); or
(b) amend a document or plan attached to this contract (“Amended Document”) with another document or plan (“Amending Document”),
and give notice to the purchaser of the Replacement Document or Amending Document, whichever is applicable.
48.2 From and including the day a notice under clause 48.1 is given the Replaced Document or Amended Document is taken to be no longer attached to this contract and the Replacement Document or Amending Document (as the case may be) is taken to be attached to this contract.
49. Completion subject to registration
49.1 Completion is subject to and conditional on the registration of the Registration Documents at LRS.
49.2 Subject to clause 50, if the Registration Documents are not registered at LRS on or before the Registration Date:
(a) then subject to clause 49.3, the purchaser may rescind this contract by written notice to the vendor; and
(b) the vendor may rescind this contract if:
(i) the vendor has served on the purchaser (or the purchaser’s solicitor or conveyancer) a notice in writing at least 28 days before the proposed rescission specifying why the vendor is proposing to rescind the contract and the reason for the delay in creating the Property (“Vendor’s Rescission Notice”) and the purchaser, after receiving the Vendor Rescission Notice, consents in writing to the rescission;
(ii) the vendor obtains an order from the Supreme Court of NSW under Section 66ZS of the Act permitting the vendor to rescind this contract under this clause 49.2; or
(iii) the Regulation permits the vendor to rescind this contract under this clause 49.2.
49.3 The parties unconditionally and irrevocably agree the purchaser will be deemed to have consented to the vendor rescinding this contract pursuant to and for the purposes of clause 49.2(b)(i) if the purchaser fails to notify the vendor in writing that the purchaser does not consent to the rescission within 21 days of the date of the Vendor Rescission Notice.
49.4 The vendor must use all reasonable endeavours to have the Registration Documents registered on or before the Registration Date.
49.5 If the purchaser wishes to rescind this contract pursuant to clause 49.2(a), the purchaser must serve on the vendor a valid rescission notice within seven days of the Registration Date or the Extended Registration Date, time of the essence. The purchaser’s right to rescind under clause 49.2(a) lapses immediately if the purchaser does not rescind strictly in accordance with this contract including within the timeframe set out in this clause 49.5
50. Extension of time for registration
50.1 Notwithstanding any other clause of this contract, the vendor may by notice to the purchaser extend the Registration Date by each day that the vendor or the Development have been delayed by reason of:
(a) damage and/or delay by fire, explosion, earthquake, lightning, storm, tempest, war, civil commotion or strikes;
(b) inclement weather or conditions resulting from inclement weather;
(c) as a consequence of proceedings being taken or threatened by or disputes with adjoining or neighbouring owners, the Council or any other authority;
(d) on account of any delay of the Council or any other authority in giving any necessary approval provided that the vendor has taken all reasonable steps to obtain such approval;
(e) by any other cause, matter or thing at the sole discretion of the vendor.
50.2 The Vendor's Representative is the sole determinator of the vendor's entitlement to extension(s) of time under clause 50
50.3 The Vendor's Representative acts as an expert and not an arbitrator.
50.4 The Vendor’s Representative must not extend the Registration Date by more than 24 months (“Extended Registration Date”).
51. Vendor's obligations to repair
51.1 Before completion the purchaser may not serve notice of any Defects in the Property other than a Special Fault.
51.2 The purchaser must serve notice of any Special Fault immediately after the purchaser becomes aware of that defect or fault.
51.3 The vendor must before completion repair in a proper and workmanlike manner, at the vendor's expense, any Special Fault of which notice has been served by the purchaser before the Completion Date.
51.4 The vendor must repair in a proper and workmanlike manner, at the vendor's expense, within a reasonable time after the expiry of the Defects Period, any Defects in the Property (including Special Faults) of which notice is served by the purchaser on the vendor before the expiry of the Defects Period. The purchaser may serve notice of Defects in the Property on no more than 1 occasion
52. Completion
52.1 Completion of this contract shall take place on the date which is the later of:
(a) 35 days from the contract date;
(b) 21 days after the day on which the vendor gives the purchaser written notice of the registration of the Registration Documents; and
(c) 14 days after the day on which the vendor serves notice upon the purchaser of the issue of an Occupation Certificate.
53. Notice to complete
53.1 A notice to complete, which provides for completion at least 14 clear days after service of that notice, is reasonable.
53.2 If the vendor issues a notice to complete, then the purchaser must pay to the vendor $350.00 plus GST on completion as compensation for the additional legal expenses that the vendor incurs for issuing the notice to complete.
53.3 This clause 53 is an essential term of this contract.
54. Interest on delayed completion
54.1 If the purchaser completes this contract but does not do so on or before the Completion Date, then on the actual date of completion, the purchaser must pay interest on:
(a) the balance of the price; and
(b) any other amount that the purchaser must pay to the vendor under this contract.
54.2 The purchaser must pay the interest at a rate of 10% per annum calculated daily for the period from and including the day after the Completion Date, up to and including the actual date of completion.
54.3 Despite Standard Form clause 14, the parties must make adjustments at the earlier of the Completion Date, the date possession is given to the purchaser, and the actual date of completion.
54.4 Payment of the interest under this clause 54.4, is an essential term of this contract.
54.5 The purchaser need not pay interest for as long as the purchaser is ready, willing and able to complete but completion cannot take place because the vendor cannot complete.
55. Council, water and sewerage rates and land tax
55.1 If the Property will be separately rated in the rating year/cycle current at registration of the Strata Plan and the amount of those separate rates is not known at Completion, the vendor must make an allowance to the purchaser for its proportion of the rates from the date of registration of the Strata Plan to the date of Completion adjusted on the following amounts:
(a) Council rates of $800 per annum; and
(b) Water and sewerage rates of $350 per cycle the purchaser is then liable to pay the separate rate assessment in full when it is issued on or before its due date.
55.2 On Completion, irrespective of whether or not an assessment of land tax on the Property has issued, the Purchaser must adjust the deemed amount of $1,500 per annum for land tax.
55.3 The purchaser and the vendor agree the amounts specified in clause 55.1 and 55.2 represent a fair and reasonable assessment of rates and taxes for the Property on which to adjust on Completion.
56. Strata Scheme
56.1 In this contract Property includes any interest in Common Property associated with the lot forming the Property in the Strata Plan.
56.2 The vendor and the purchaser must adjust under Standard Form clause 14.1 a regular periodic contribution to the administrative fund and the capital works fund of the Strata Scheme and any regular payment under a by-law of the Strata Scheme.
56.3 The vendor is liable for any contribution levied by the Owners Corporation other than a contribution referred to in clause 56.2:
(a) if the contribution is levied before completion;
(b) if the contribution is levied after completion, to the extent the contribution relates to:
(i) money borrowed by the Owners Corporation before the date of completion; or
(ii) work started by the Owners Corporation before the date of completion; or
(iii) an obligation of the Owners Corporation to a Governmental Agency existing at the date of completion.
56.4 The vendor and the purchaser must adjust under Standard Form clause 14.1, on a unit entitlement basis, any Normal Expenses of the Owners Corporation paid by the vendor which have not been reimbursed to the vendor at completion.
56.5 Standard Form clause 11 does not apply to any notice with which the Owners Corporation must comply
56.6 Subject to clause 55, Standard Form clause 14.5 applies but on a unit entitlement basis instead of an area basis.
56.7 The purchaser must give the vendor together with the form of transfer a notice required under the Strata Management Act notifying the Owners Corporation of the purchaser’s interest in the Property (a ‘section 22 notice’ or ‘interest notice’) in duplicate addressed to the Owners Corporation and signed by the purchaser.
56.8 The vendor must complete and sign both copies of the strata interest notice and give 1 copy of the notice to the purchaser on completion. Each party can sign and give the notice as agent for the other. The parties acknowledge the vendor may provide the completed and signed strata interest notice to the purchaser by email, or if completion takes place in the Electronic Workspace by uploading it to, or sharing it in, the Electronic Workspace
56.9 The vendor must give the purchaser a certificate under the Strata Management Act issued by the Owners Corporation as to financial and other matters relating to the Property (a ‘section 184 certificate’ or ‘strata information certificate’). The vendor authorises the purchaser to apply for any certificate and to apply for and make any inspections available of the records of the Owners Corporation pursuant to the Strata Management Act. The parties acknowledge the vendor may give a certificate to the purchaser by email, or if completion takes place in the Electronic Workspace by uploading it to, or sharing it in, the Electronic Workspace
56.10 Standard Form clause 18.4 does not apply to any risk against which it is the responsibility of the Owners Corporation to insure.
57. Limitation on purchaser’s rights
57.1 The purchaser may not make a Claim or requisition, delay completion, rescind or terminate in connection with anything done by the vendor which is not prohibited under this contract.
57.2 Subject to the Act, despite clause 44 and 57.1, if any of the following matters are a Material Change and they are not referred to in clause 36:
(a) there is a difference between documents or plans attached to this contract and those documents or plans as actually registered and, where such a difference relates to a change in the area of the lot forming the Property;
(b) there is a difference between a document attached to the contract and a Replacement Document or between an Amended Document and an Amending Document referred to in clause 48 (Replacement or amendment of documents);
(c) any right specified in clause 37 is created, entered into or any land is dedicated
then the purchaser may, within 14 days (and in this respect time is of the essence of this contract) of the earlier of the date the vendor notifies the purchaser of the relevant matter and the date the vendor gives notice of registration of the Registration Documents, elect by written notice to the vendor to either:
(d) rescind this contract; or
(e) accept the Material Change without any right to make a Claim or seek a reduction in the purchase price.
57.3 If the purchaser does not give notice to the vendor in accordance with clause 57.2, the purchaser will be deemed to have accepted the Material Change
57.4 Notwithstanding any other provision of this Contract, the parties agree that the following is not a Material Change:
(a) a decrease in the area of the lot forming the Property of less than or equal to 5% is taken not to detrimentally affect the Property to an extent which is substantial. For the avoidance of any doubt, the parties acknowledge that the area of the Property for the purpose of this clause is to be measured from the centre line of the boundary wall of the Property and excluding any parking space, balcony, storage area, courtyard and/or other external area comprising part of the Property;
(b) a change, inaccuracy, difference or matter permitted under this contract or arising out of or in a connection with a Disclosure;
(c) any change, inaccuracy, difference or matter identified in the Act or Regulations as not being a material particular.
58. Death, incapacity or insolvency
58.1 The vendor may rescind this contract, if the purchaser is an individual who:
(a) dies; or
(b) becomes incapable because of unsoundness of mind, to manage the purchaser’s own affairs.
58.2 The vendor may terminate this contract if the purchaser is a company, which:
(a) resolves to go into liquidation;
(b) has a petition for its winding-up presented and not withdrawn within 30 days of presentation;
(c) enters into a scheme of arrangement with its creditors under the Corporations Act 2001 or similar legislation; or
(d) has a liquidator, provisional liquidator, administrator, receiver or receiver and manager of it appointed.
58.3 If anything in clause 58.2 occurs, then the purchaser has failed to comply with an essential provision of this contract.
58.4 The vendor may rescind or terminate this contract under this clause 58, without affecting any of its other rights.
58.5 Despite any other provision of this contract or any principle of law or equity, the purchaser is not entitled to make any Claim, delay completion, rescind or terminate this contract by reason of:
(a) the vendor prior to completion has a liquidator, provisional liquidator, receiver, receiver manager, administrator, voluntary administrator, controller, controlling manager, official manager of similar office to it appointed; or
(b) the vendor’s mortgagee exercises any right under any security or other arrangement between the vendor, the vendor’s mortgagee or anyone else, including any moratorium or any enforcement action against the vendor or the Property.
59. Selling and leasing activities
59.1 Both before and after Completion and until the vendor completes the sale or lease of all lots within the Development, the vendor and persons authorised by the vendor may:
(a) conduct selling and leasing activities in and about the Development Site (but not the Property);
(b) place and maintain in and about the Development Site (but not the Property) signs, and carry out marketing and promotional activities, in connection with those selling and leasing activities; and
(c) place and maintain in and about the Development Site (but not the Property) including without limitation, offices and other facilities for sales people.
59.2 Both before and after Completion and until the vendor completes the sale or lease of all lots in the Development, the purchaser must not erect or place any sign or other advertisement for sale or lease of the Property on or near the Property or the Common Property.
59.3 The purchaser agrees to not vote in favour of any motion for a resolution proposed for consideration in or at a general meeting of the Owners Corporation, the passing of which could curtail or inhibit the rights of the vendor under this clause 59
59.4 The provisions of this clause 59 shall continue to be in force and have effect until the vendor completes the sale or lease of all the lots in the Development Site and the provisions of this clause shall not merge on Completion.
60. Purchaser's obligations about Designated Matters
60.1 The purchaser must:
(a) use all reasonable endeavours to ensure any enrolled mortgagee of the Property complies with this clause 60; and
(b) do all things as the vendor may reasonably require (at the vendor’s cost) to give effect to the Designated Matters.
60.2 If required by the vendor, the purchaser must:
(a) vote in favour of any motion (and use all reasonable endeavours to ensure that an enrolled mortgagee of the Property votes in favour of any motion) for a resolution of the Owners Corporation to implement or give effect to any Designated Matters; and
(b) vote against any motion (and use all reasonable endeavour to ensure that an enrolled mortgagee of the Property votes against any motion) for a resolution of the Owners Corporation which, if passed, would delay or prevent the implementation or giving effect to any of the Designated Matters or the exercise by the vendor of rights in relation to the Designated Matters.
60.3 The purchaser must:
(a) use all reasonable endeavours to procure that the Owners Corporation votes as the vendor directs in connection with any of the things in clause 60.2 relating to a motion dealing with a Designated Matter submitted to the Owners Corporation; and
(b) procure that a transferee of the Property from the purchaser enters into a contract in the terms of this clause 60 (and incorporating into that contract the terms of clause 60 of this contract) in such form as the vendor reasonably requires.
60.4 The purchaser must not:
(a) make any objection, requisition or Claim, delay completion or rescind or terminate because of any Designated Matter;
(b) do anything which would prevent the purchaser exercising a vote in respect of the Property;
(c) revoke or make ineffective a proxy or nomination referred to in this clause (except at the request of the vendor);
(d) do anything which may delay or prevent any Designated Matter being implemented or given effect to, or the vendor exercising rights in relation to any Designated Matter (e.g. make an application for an order under the Strata Management Act or commence proceedings in a Court); or
(e) procure or request any person (including any mortgagee) to do anything which may delay or prevent any Designated Matter being implemented or given effect to, or the vendor exercising rights in relation to any Designated Matter.
60.5 This clause 60 does not merge on completion.
61. Home Building Act Insurance
61.1 The vendor is a developer for the purposes of the Home Building Act 1989 and the Home Building Regulation 2014.
61.2 The parties acknowledge this contract is for the sale of land on which residential building work relating to the construction of a multi-storey building has been done, or is to be done, and therefore, pursuant to Regulation 56(2) of the Home Building Regulation 2014, the vendor is exempt from the requirements of section 96A of the Home Building Act 1989 in
relation to that residential building work and the vendor is not required to provide the purchaser with a certificate of insurance for the residential work.
61.3 The purchaser cannot make any objection, requisition or Claim, delay completion or rescind or terminate because of any matter referred to in this clause.
62. Requisitions on title
62.1 The purchaser agrees that the only form of general requisitions on title that the purchaser may make under Standard Form clause 5 is the Standard Requisitions.
62.2 The vendor may, but is not required to, deem that the Standard Requisitions are served under clause 5 at any time before the purchaser serves them on the vendor.
63. Copyright and IP Warranty and Indemnity
63.1 The purchaser warrants that the purchaser will not do or omit to do anything that will or may infringe any other person’s intellectual property rights including without limitation, trademarks and copyright by reproducing, republishing, copying, distributing, uploading, transmitting or in any way infringing the lawful rights of the intellectual property owner in relation to any branding, brand names, marketing material, plans, drawings, logos, images, advertisements or any other written printed or electronic material in relation to the Development without the prior written consent of the legal owner.
63.2 The purchaser indemnifies the vendor against any Claims arising from a breach of the warranty provided by the purchaser under this clause 63
64. Guarantee and indemnity
64.1 The Guarantor gives the guarantee and indemnity in Schedule 2
64.2 If the purchaser is a company which is not listed on the Australian Stock Exchange, then the purchaser must procure that the directors of that company give the guarantee and indemnity in Schedule 2.
65. Caveat by purchaser
65.1 Subject to clause 65.2 the purchaser may not lodge a caveat or priority notice for recording on any folio of the register for the Development Site.
65.2 The purchaser may lodge a caveat or priority notice for recording on the folio of the register for the Property after the issue of the Certificate of Title for the Property.
65.3 If a caveat or priority notice lodged by or on behalf of the purchaser, any assignee of the purchaser’s interest under this contract or any person claiming through or under the purchaser is recorded on the folio of the register for the Property the purchaser must complete this contract despite the caveat or priority notice.
66. GST
66.1 All terms used in this clause which are defined in the GST Act, have the same meaning in this clause.
66.2 The purchase price includes GST on the sale of the Property.
66.3 The vendor and purchaser agree that the margin scheme will be used to determine the amount of GST payable on the taxable supply made under this contract.
66.4 The purchaser agrees that:
(a) the purchaser will not be entitled to claim an input tax credit in respect of the GST payable by the vendor; and
(b) the vendor is not required to give the purchaser a tax invoice.
66.5 The purchaser agrees that the vendor is not liable to disclose the basis upon which it calculates its GST liability on this sale.
66.6 The vendor and purchaser agree that if there is any change in the GST Act, the TA Act or any other legislation which impacts on the margin scheme or on the requirement for the payment of the GST Amount, they will do everything necessary to ensure that the vendor can apply the margin scheme to the taxable supply made under this contract and the GST Amount is paid to the ATO as required.
66.7 The parties acknowledge this clause 66 contains the notification required to be given by the vendor to the purchaser in respect of GST withholding pursuant to Section 14-255 of the TA Act.
66.8 The vendor notifies the purchaser that the purchaser: (d) is not; or (e) IS required to make a payment under Section 14-250 of the TA Act in relation to the sale of the Property.
66.9 This clause 66.9 and clauses 66.10 and 66.11 apply if subclause 32.1(e) applies. The vendor notifies details of the supplier:
Details The supplier’s name, business address, email address and phone number are as stated in the vendor’s details section on the front page of this contract
Australian Business Number (ABN)
The vendor’s ABN is as stated on the front page of this contract or below
ABN: 78 362 676 331
GST Amount
When payable
Non-monetary consideration
The amount the purchaser will be required to pay to the Commissioner under Section 14-250 of the TA Act in relation to the supply is:
a. if this contract does not say the margin scheme will apply - one-eleventh of the price; or
b. if this contract says the margin scheme will apply7% of the price (or such other amount determined
The purchaser will be required to pay the GST Amount on Completion in accordance with this contract and the TA Act or as otherwise determined by the Commissioner
If some or all of the consideration for the supply will not be expressed as an amount of money the GST inclusive market value of so much of the consideration as will not be expressed as an amount of money:
Other matters
Other matters specified in the regulations:
66.10 The purchaser:
(a) must at least 7 days before the Completion Date, serve evidence of submission of a notification form in respect of the GST Amount to the ATO by the purchaser, or if a direction under Standard Form clause 4.3 has been served, by the transferee named in the transfer served with that direction;
(b) must either:
(i) hand to the vendor on Completion a settlement cheque for the GST Amount payable to the Deputy Commissioner of Taxation; or
(ii) if Completion takes place in the Electronic Workspace, ensure the GST Amount is populated in the financial settlement schedule in the Electronic Workspace with sufficient payment details to ensure the GST Amount is paid as required under this contract and the TA Act.
(c) acknowledges the vendor will, if a settlement cheque for the GST Amount is provided by the purchaser pursuant to clause 66.10(b)(i), forward that settlement cheque to the ATO promptly after Completion.
66.11 The vendor will not be required to complete this contract unless and until the purchaser complies with clause 66.10(a).
66.12 To avoid doubt, this clause does not merge on Completion.
67. Privacy
67.1 In relation to any Personal Information disclosed to the vendor by the purchaser or the Guarantors in connection with this contract, the purchaser and the Guarantors acknowledge that the vendor and its related entities may:
(a) use or disclose the information for the purpose of exercising its rights or fulfilling its obligations under this contract or the guarantee and indemnity, except where otherwise required by Law; and
(b) use or disclose the information when reasonably necessary in connection with its ownership, operation or management of the Building and the Property including without limiting to prospective and actual, purchasers, valuers, service providers, financiers and building and property managers.
32.2 In exercising its rights under this clause the vendor must take reasonable steps to ensure that any persons to whom the information is given comply with the requirements of the Privacy Acts.
32.3 This clause 67 will continue to have effect after the expiry or termination of this contract.
68. Stamp duty
68.1 The purchaser must pay all stamp duty, including but not limited to:
(a) fines and penalties relating to this contract;
(b) an instrument entered into under this contract; and
(c) a transaction evidenced by this contract.
68.2 The purchaser indemnifies on demand the vendor against a liability for stamp duty.
69. Assignment
69.1 The vendor may assign or novate its interest in this contract at any time prior to the Completion Date.
69.2 The purchaser must not seek to onsell the property prior Completion, assign, transfer or otherwise encumber its rights under this contract without the prior written consent of the vendor which may be given or declined or given on terms in the vendor’s absolute discretion.
70. Car Parking Space and Unallocated Storage Space
70.1 Where the Property includes a car parking space or car spaces and/or a storage space which is not shown on the Draft Strata Plan (an unallocated storage space):
(a) the vendor discloses that the allocation of car parking spaces and of unallocated storage spaces will be finalised upon registration of the Strata Plan and the vendor intends that the car parking space and unallocated storage space will be comprised in the Property.
(b) as the final allocation of car parking spaces and unallocated storage spaces for the Development has not as at the date of this contract been finalised, the purchaser may not make a Claim or requisition, delay Completion, rescind or terminate of refuse to complete this Contract;
(i) due to the location or relocation of any such car space, car spaces or unallocated storage space;
(ii) because an unallocated storage space once allocated is not located adjacent to or adjoining a car space comprised in the Property;
(iii) if the car space(s) are comprised within a lot or lots in another strata scheme other than the Strata Scheme within the Development Site or if the car space(s) and the unit forming part of the Property are comprised in one combined lot or separate lots; and
(iv) if there is more than one car space and/or more than one storage space being purchased by the Purchaser, due to the locations whether combined or separate, whether tandem or otherwise, or whether (if in separate locations) are contiguous with each other.
70.2 The Vendor will use reasonable endeavours to ensure:
(a) the total area of each car space comprised in the Property is not less than 13m2;
(b) any car space(s) comprised in the Property is located within the vicinity of a lift well in the Building nearest to the Property;
(c) any unallocated storage space is located within the vicinity of any car space comprised in the Property.
71. Trusts
Where the purchaser purchases the Property as trustee, the purchaser:
(a) warrants the purchaser has the power under the trust to enter into this contract;
(b) is personally liable under this contract;
(c) warrants the purchaser has a right of indemnity under the trust;
(d) must not do anything to prejudice the right of indemnity the purchaser has under the trust; and
(e) must not allow the variation of the trust or the advance or distribution of capital of the trust or re-settlement of trust property.
72. Draft documents
A reference in this contract to a draft document is a reference to the copy of the document of that name attached to this contract.
73. Exercise of certain rights to rescind
If a right to rescind given by a clause is not exercised within the period specified for its exercise it may not be exercised.
74. Severance
Clauses which are invalid, void or voidable may be severed from this contract but do not affect the validity or enforceability of the remaining clauses of this contract.
75. Governing law, jurisdiction and service of process
75.1 This contract is governed by the law enforced in New South Wales.
75.2 Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them. Each party waives any right it has to object to an action being brought in those courts including, without limitation, by claiming that the action has been brought in an inconvenient forum and that both courts do not have jurisdiction.
75.3 Any document in an action (including, without limitation, any writ of summons or other originating process or any third or other party notice) may be served on any party by being delivered to or left for that party at that party's solicitor's address.
76. Entire agreement
76.1 This contract constitutes the entire agreement of the parties about the sale of the Property.
76.2 This contract supersedes all previous agreements, understandings and negotiations on the sale of the Property.
77. Certain provisions apply after completion
The provisions of this contract that are intended to have application after completion continue to apply despite completion.
78. Electronic contract and documents
78.1 The vendor may give, provide, serve or deliver documents under or relating to this contract, including Replacement Documents or Amending Documents under clause 48 (Replacement or amendment of documents), to or on the purchaser by email to, or by sending another form of electronic communication, including for example by providing access via a link to or for the document or a copy of it to be accessed online in a document sharing website or platform to, the purchaser’s solicitor.
78.2 Each party consents to this contract, being signed by any party in accordance with an electronic communication method approved by the vendor, such as ‘DocuSign’ or other electronic signature platforms.
78.3 Acknowledgments
The parties acknowledge and agree that:
(a) the contract is in writing if sent and / or received electronically; and
(b) electronic or digital signatures constitute a signature and have the same quality of integrity as a written signature including if the signature is:
(i) computer generated;
(ii) by computer pen;
(iii) by a typed mark or name;
(iv) contained in an email or embedded link;
(v) physically signed on paper and scanned electronically;
(c) The purchaser authorises the purchaser’s solicitor to be the purchaser’s representative, including for the purposes of service of notices and documents under this contract and the law.
(d) If the vendor requests it, the purchaser must provide to the vendor within 14 days of the request, a signed customary paper form contract on the same terms as this contract and if the purchaser does not comply, the purchaser appoints the vendor as its attorney to comply with this clause. A paper contract under this clause is only intended to record the terms of the contract in paper form and does not affect the parties obligations and rights under this contract.
Schedule 1
Registration Documents
Strata Plan
By-Laws
Strata Plan Instrument
Schedule 2
Guarantee and Indemnity
1. The Guarantor must execute this contract.
2. The Guarantor enters this contract and incurs obligations and gives rights under the guarantee and indemnity, for the valuable consideration of among other things, the vendor agreeing to enter this contract at the request of the Guarantor.
3. The covenants, guarantees and indemnities in this Schedule 2 are severable.
4. The Guarantor unconditionally and irrevocably guarantees to the vendor:
(a) that the purchaser will pay to the vendor the balance of the price and every other amount that the purchaser must pay under this contract; and
(b) the performance of the purchaser’s obligations.
5. The Guarantor indemnifies the vendor against a claim or action and cost relating to the purchaser’s breach, default or attempted breach or default of its obligations.
6. This guarantee and indemnity:
(a) is a principal obligation;
(b) is irrevocable and remains in full force and effect until discharged; and
(c) binds the estates of each Guarantor.
7. The parties must not treat this guarantee and indemnity as ancillary or collateral to any other right or obligation.
8. The vendor may enforce this guarantee against the Guarantor without first exhausting a remedy that it may have against the purchaser.
9. The Guarantor must pay on demand any money due to the vendor that relates to the indemnity including but not limited to:
(a) the balance of the price;
(b) the adjustments due to the vendor on completion; and
(c) interest that the purchaser must pay to the vendor.
10. The Guarantor and the purchaser are jointly and severally liable to the vendor for:
(a) the purchaser’s observance and performance of its obligations; and
(b) damage that the vendor incurs as a result of any one or more of:
(i) the purchaser’s failure to observe and perform its obligations under this contract;
(ii) its default under this contract; and
(iii) the vendor’s termination of this contract.
11. The purchaser or the Guarantor must pay all money payable to the vendor and duly perform their several obligations before either may claim or receive the benefit of:
(a) a dividend or distribution of a person, liable jointly with the purchaser or the Guarantor, to the vendor;
(b) a payment out of the estate or assets of a person, liable jointly with the purchaser or the Guarantor, to the vendor; or
(c) a payment in the liquidation, winding up or bankruptcy of a person, liable jointly with the purchaser or the Guarantor, to the vendor.
12. Clause 11 applies equally if the person is liable under a security for money that the purchaser or the Guarantor must pay.
13. The purchaser or the Guarantor must pay all money payable to the vendor and perform their several obligations before either may prove in competition with the vendor:
(a) in an estate; or
(b) in relation to an asset in a liquidation, winding up or bankruptcy.
14. Clause 13 only applies if the amount that the vendor is entitled to is reduced as a result.
15. Upon the written request of the vendor, the Guarantor must pay the vendor all expenses that the vendor incurs in respect of the vendor’s exercise or attempted exercise of a right of the vendor under this Schedule 2
16. The Guarantor’s obligations are not affected if:
(a) the vendor releases or enters into a composition with the purchaser;
(b) a payment made to the vendor is later avoided; or
(c) the vendor assigns or transfers the benefit of this contract.
17. If the vendor assigns or transfers the benefit of this contract, then the assignee receives the benefit of the Guarantor’s covenants, agreements, guarantees and indemnities.
18. The obligations of the Guarantor under this Schedule 2 are not released, discharged or otherwise affected by:
(a) failure by one or more Guarantors to execute this guarantee and indemnity, validly or otherwise;
(b) the grant of time, waiver, covenant not to sue or other indulgence;
(c) the release, including but not limited to a release as part of a novation, or discharge of a person;
(d) an arrangement, composition or compromise that a person enters into;
(e) an extinguishment, failure, loss, release, discharge, abandonment, impairment, compound, composition or compromise, in whole or in part of any document or agreement;
(f) a variation of this contract including, but not limited to a variation in the date of completion;
(g) a moratorium or other suspension of a right, power, authority, discretion or remedy conferred on the vendor in any way;
(h) payment to the vendor, including but not limited to a payment which at or after the payment date is illegal, void, voidable, avoided or unenforceable;
(i) the purchaser becoming insolvent, going into liquidation, official management, receivership, arrangement, administration or winding up; or
(j) a person being appointed in respect of the purchaser or any of its assets or undertakings, including but not limited to a receiver or manager or both, or a liquidator, or administrator.
Attachment 1 – Draft Strata Plan
Registered:
PLAN OF SUBDIVISION OF: LOT 1 IN DP 1091741
LGA: CENTRAL COAST
Locality: THE ENTRANCE
Parish: TUGGERAH
County: NORTHUMBERLAND
This is a freehold Strata Scheme
Address for Service of Documents
43-49 OCEAN PARADE THE ENTRANCE NSW 2261
Provide an Australian postal address including a postcode
Surveyor’s Certificate
I, David Bromhead of SDG Land Development Solutions
Suite 1, 3 Railway Street Baulkham Hills NSW 2153, being a land surveyor registered under the Surveying and Spatial Information Act 2002, certify that the information shown in the accompanying plan is accurate and each applicable requirement of Schedule 1 of the Strata Schemes Development Act 2015 has been met.
*The building encroaches on:
*(a) a public place
*(b) land other than a public place and an appropriate easement to permit the encroachment has been created by ^
Certifier, registration number , certify that in regards to the proposed strata plan with this certificate, I have made the required inspections and I am satisfied the plan complies with clause 17 Strata Schemes Development Regulation 2016 and the relevant parts of Section 58 Strata Schemes Development Act 2015
*(a) This plan is part of a development scheme.
*(b) The building encroaches on a public place and in accordance with section 62(3) Strata Schemes Development Act 2015 the local council has granted a relevant planning approval that is in force for the building with the encroachment or for the subdivision specifying the existence of the encroachment.
*(c) This certificate is given on the condition contained in the relevant planning approval that lot(s) ^ will be created as utility lots and restricted in accordance with section 63 Strata Schemes Development Act 2015.
Certificate Reference:
Relevant Planning Approval No.: issued by:
Signature:
Date:
^ Insert lot numbers of proposed utility lots.
Registered:
VALUER’S CERTIFICATE
I,
being a qualified valuer, as defined in the Strata Schemes Development Act 2015 by virtue of having membership with:
Professional Body:........................................................................................................................
Class of membership:......................................................................................................................
certify that the unit entitlements shown in the schedule herewith were apportioned on (being the valuation day) in accordance with Schedule 2 Strata Schemes Development Act 2015
Signature: ................................................... Date ................................................
* Full name, valuer company name or company address
This sheet is for the provision of the following information as required:
• Any information which cannot fit in the appropriate panel of any previous administration sheets
• Statements of intention to create and or release affecting interests in accordance with section 88B Conveyancing Act 1919
• Signatures and seals- see section 22 Strata Schemes Development Act 2015
STREET ADDRESS
This sheet is for the provision of the following information as required:
• Any information which cannot fit in the appropriate panel of any previous administration sheets
• Statements of intention to create and or release affecting interests in accordance with section 88B Conveyancing Act 1919
• Signatures and seals- see section 22 Strata Schemes Development Act 2015
Registered Proprietor
Consent of Mortgagee
INSTRUMENT SETTING OUT TERMS OF EASEMENTS OR PROFITS Á PRENDRE INTENDED TO BE CREATED OR RELEASED AND OF RESTRICTIONS ON THE USE OF LAND OR POSITIVE COVENANTS INTENDED TO BE CREATED PURSUANT TO SECTION 88B CONVEY ANCING ACT 1919
Sheet 1 of 3 Sheets
Plan
Full name and address of owner of the land:
Full name and address of mortgagee of the land:
Number of item shown in the intention panel on the plan
Plan of Subdivision of Lot 1 in DP 1091741 being covered by Subdivision Certificate No
43-49 Ocean Parade Pty Ltd ACN 616 421 553 as trustee for Ocean Parade Unit Trust ABN 78 362 676 331
10 Rogers Avenue, Haberfield NSW 2045
Zulfi & Sons Pty Ltd
PART 1 (Creation)
Identity of easement, profit á prendre, restriction or positive covenant to be created and referred to in the plan
Burdened lot(s) or parcel(s)
Benefited lot(s), road(s), bodies or Prescribed Authorities
Plan
Executed by 43-49 Ocean Parade Pty Limited ACN 616 677 873 in accordance with section 127 of the Corporations Act 2001 (Cth) by: ) ) ) )
Signature of Sole Director and Sole Secretary
Joseph Nakat
Print name of Sole Director and Sole Secretary
Sheet 2 of 3 Sheets
Subdivision of Lot 1 in DP 1091741 being covered by Subdivision Certificate No
Plan
Mortgagee
Executed by Zulfi & Sons Pty Ltd
ACN 055 677 364 in accordance with section 127 of the Corporations Act 2001 (Cth) by:
Sheet 3 of 3 Sheets
Subdivision of Lot 1 in DP 1091741 being covered by Subdivision Certificate No
Signature of Director
Signature of Director/Secretary
Print name of Director
Print name of Director/Secretary
Attachment 2 – Draft By-law instrument
Office use only
Registered:
Office use only
BY-LAWS FOR USE OF LOTS AND COMMON PROPERTY
1. Definitions and Interpretation
1.1
In these by-laws, unless a contrary intention appears:
(a) “Act” means the Strata Schemes Management Act 2015;
(b) “Air Conditioning System” means the air conditioning unit and condenser unit servicing any lot (whether on common property or a lot) including all duct work, pipe work, circuitry, electrical and mechanical pipes, wires, cables and ducts associated with that air conditioning unit and condenser unit.
(c) “building" means the building constructed on the Parcel, the subject of these by-laws.
(d) “Carparking Owner” means the owner(s) from time to time of any car space in the strata scheme.
(e) “Carparking Area” means the area dedicated for vehicle parking in or on the common property on the Strata Plan.
(f) “Council” means Newcastle City Council and any successor and where applicable includes any other relevant authority.
(g) “Garbage Disposal Area” means the area dedicated for the storage of garbage on the common property on the Strata Plan.
(h) “lot” means a lot in the strata scheme.
(i) “Manager” means the person appointed by the Owners Corporation as its strata managing agent under the Act and, if no person is for the time being so appointed, the secretary of the Owners Corporation.
(j) “Owners Corporation” means the Owners Corporation as defined in the Act in respect of the strata scheme for the building.
(k) “Parcel” means the land contained in Certificate of Title Folio Identifier 1/1091741
(l) “Plant Room” means any or all of the plant rooms contained in or on the common property and noted as such on the Strata Plan.
(m) “Security Key” a key (including electronic key or swipe card) or any other security device enabling the Carparking Owner or any other owner or occupier of a lot in the Strata Plan access to the Carparking Area and/or the System.
(n) “Strata Committee” means the Strata Committee as defined in the Act.
(o) “Strata Plan” means the strata plan registered in respect of the building.
(p) “strata scheme” means the strata scheme as defined in the Act in respect of the Strata Plan.
This is the form referred to in section 10(1)(b)(ii) Strata Schemes Development Act 2015
This form, when completed, must accompany a strata plan lodged for registration when it is intended to create by-laws other than model by-laws.
Office use only
Registered:
Office use only
1.2 In these by-laws, unless the context otherwise requires:
(a) headings are for convenience only and do not affect the interpretation of the by-laws;
(b) words importing the singular include the plural and vice versa;
(c) words importing a gender include any gender;
(d) an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other Owners Corporation or body corporate;
(e) a reference to a person includes a reference to the person's executors, administrators, successors, substitutes (including, without limitation, persons taking by novation) and assigns;
(f) a reference to any thing includes a part of that thing;
(g) a reference to any statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws varying, consolidating or replacing them, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute; and
(h) a word or words not defined in these by-laws having a definition in the Act shall have that definition.
1.3 The provisions of registered memorandum AG520000 are incorporated into these by-laws in full as though they form part of these by-laws.
2. Noise
An owner or occupier of a lot must not create any noise likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.
3. Vehicles etc. on common property
3.1 An owner or occupier of a lot must not park, stand or wash any motor or other vehicle upon any part of the common property except with the approval in writing of the Owners Corporation.
3.2 Except with the prior written approval of the Owners Corporation, an owner or occupier must not store any article, good, cupboard, equipment or the like within their car space(s) other than a registered vehicle as defined in the Road Transport (Vehicle Registration) Act 1997 or associated legislation as amended.
4. Obstruction of common property
An owner or occupier of a lot must not obstruct lawful use of the common property by any person.
5. Not to damage to common property
5.1 An owner or occupier of a lot must not damage any planter box, garden, tree, shrub, plant or flower being part of or situated upon common property.
This is the form referred to in section 10(1)(b)(ii) Strata Schemes Development Act 2015
This form, when completed, must accompany a strata plan lodged for registration when it is intended to create by-laws other than model by-laws.
Office use only
Registered:
5.2
5.3
Office use only
An owner or occupier of a lot must not, except with the prior written approval of the Owners Corporation, use for his or her own purposes as a garden any portion of the common property.
An owner or occupier of a lot must not mark, paint, drive nails or screws of the like into, or otherwise damage or deface any structure that forms part of the common property without the approval in writing of the Owners Corporation.
5.4 An approval given by the Owners Corporation under by-law 5.3 cannot authorise any additions to the common property.
5.5 This by-law does not prevent an owner or person authorised by him from installing:
(a) any locking or other safety device for protection of his lot against intruders; or
(b) any device used to affix decorative or other items to the internal surfaces of the walls in the owner’s lot;
subject to the locking or safety device or other device as the case may be being installed in the workmanlike manner and subject to its appearance after it has been installed, being in keeping with the appearance of the rest of the building.
5.6 Notwithstanding the provisions of the Act:
(a) the owner of a lot must maintain and keep in a state of good and serviceable repair any installation referred to in by-law 5.3 that services the lot; and
(b) repair any damage caused to any part of the common property by the installation or removal of any device installed by the owner referred to in by-law 5.3
6. No overloading
An owner or occupier must ensure that they do not place or allow to be placed any object in the lot or on common property which has the effect of overloading the structural adequacy of the building or any part of it.
7. Compensation for damage to common property
7.1 The owner of a lot shall be liable to compensate the Owners Corporation in respect of any damage to the common property or personal property vested in it caused by such owner, an invitee of such owner, an occupier of that owner’s lot or an invitee of such occupier.
7.2 The Owners Corporation may undertake any necessary works in order to rectify any damage sustained to common property by any owner, invitee or occupier and recover all costs of and incidental to attending upon any rectification works resulting from damage sustained by an owner, occupier or invitee of an owner or occupier as a debt from the owner of the lot as otherwise specified in by-law 7.1 by way of compensation.
7.3 Any amount payable by way of compensation in accordance with this by-law 7 will be added to the owner’s levy notice and recoverable as a debt by the Owners Corporation.
This is the form referred to in section 10(1)(b)(ii) Strata Schemes Development Act 2015
This form, when completed, must accompany a strata plan lodged for registration when it is intended to create by-laws other than model by-laws.
Office use only
Registered:
Office use only
8. Not to deposit rubbish etc. on common property
8.1
An owner or occupier of a lot must not deposit or throw upon the common property any rubbish, dirt, dust or other material likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using the common property.
8.2 An owner or occupier of a lot must keep free of blockage any common property drainage, pipe, duct, structure or similar which solely services the lot up to the point of becoming a joint service to another lot or common property outside the lot.
9. Notice of defects, breakages and accidents
9.1
An owner or occupier of a lot must promptly report to the Owners Corporation any breakages of glass in windows and doors on the boundary of the lot, including so much as is common property.
9.2 An owner or occupier of a lot must, promptly after becoming aware of any defect in the common property or any personal property vested in the Owners Corporation, or of any accident associated therewith, give notice to the Manager or the strata managing agent of the Owners Corporation or, in the absence of them, to the Strata Committee of that defect or accident.
10. Storage of flammable liquids
10.1
An owner or occupier of a lot must not, except with the approval in writing of the Owners Corporation use or store upon his lot or upon the common property any combustible or flammable chemical, liquid or gas or other material. Without limiting the above, all covered/canopy areas within the ground level of the building and all pebbled areas adjacent to any enclosed balcony area throughout the building must not have any combustible or flammable chemical liquid or gas or other material placed in or on such areas.
10.2 This by-law 10 does not apply to chemicals, liquids, gases or other material ordinarily used and intended to be used for domestic purposes only or any chemical, liquid, gas or other material in a motor vehicle or internal combustion engine which is stored appropriately within the Carparking Area.
11. Appearance of lot
11.1
11.2
An owner or occupier of a lot must not, without the written approval of the Owners Corporation, maintain within the lot anything visible from outside the lot that viewed from outside the lot is not in keeping with the rest of the building.
An owner or occupier of a lot must not erect, install or apply any blinds, shutters, window treatments, security devices (including grills and doors) screens or awnings which may be visible from outside the building, any other lot or from the common property without the prior written approval of the Owners Corporation. Unless otherwise approved by the Owners Corporation, all curtains must have a white backing (to the extent they are in front of the facade glazing).
This is the form referred to in section 10(1)(b)(ii) Strata Schemes Development Act 2015
This form, when completed, must accompany a strata plan lodged for registration when it is intended to create by-laws other than model by-laws.
Office use only
Registered:
Office use only
12. Not misuse lifts
An owner or occupier of a lot must not misuse or permit to be misused any lift within or upon the common property and must not obstruct or damage the same or otherwise interfere with or impede its normal operation.
13. Change in use of lot to be notified
An occupier of a lot must notify the Owners Corporation if the occupier changes the existing use of the lot in any way and must obtain the Strata Committee’s consent prior to obtaining any necessary council or other approvals required at law.
14. No alteration to internal walls or structural features
An owner or occupier of a lot must not effect any alteration or addition to structural features or the internal configuration of a lot without the prior written approval of the Owners Corporation provided that such approval must not be unreasonably withheld.
15. Water closets and water apparatuses
An owner or occupier of a lot must not use any water closet or other water apparatus in the building for any purpose other than the purpose for which it was constructed and must not deposit or throw any sweepings, rubbish, rags, napkins or any other similar article into that apparatus.
16. Maintenance of air conditioning, ducting etc
An owner or occupier must at its cost:
(a) operate, maintain, repair, keep in a state of good and serviceable repair the Air Conditioning System;
(b) maintain and keep in a state of good and serviceable repair that part of the common property where the Air Conditioning System exclusively servicing the lot is fitted and installed;
(c) regularly clean and, where necessary, replace any external Air Conditioning System part/s which exclusively services their lot;
(d) use contractors approved by the Owners Corporation to maintain, repair and replace the Air Conditioning System exclusively servicing the lot; and
(e) comply with the requirements of any government agency about air conditioning services in particular in relation to the level of noise and emissions of the Air Conditioning System.
17. Installation of air-conditioning, ducting etc
The owner or occupier of the lot must not install or replace any Air Conditioning System without the prior written approval of the Owners Corporation.
This is the form referred to in section 10(1)(b)(ii) Strata Schemes Development Act 2015
This form, when completed, must accompany a strata plan lodged for registration when it is intended to create by-laws other than model by-laws.
Office use only
Registered:
Office use only
18. Strata Committee may ensure security
The Strata Committee may take all reasonable steps to ensure the security of the parcel and buildings from intruders or to preserve its safety from fire or other hazard and including without limitation the power to close off any part of the common property not required for ingress or egress to a lot or car parking space on either a temporary or permanent basis or otherwise restrict the access to or use by owners or occupiers of lots to any part of the common property.
19. Keys
If the Owners Corporation in the exercise of any of its powers under these by-laws restricts the access of owners or occupiers to any part of the common property by means of any lock or similar security device:
(a) the Owners Corporation may make such number of keys or operating devices as it determines available to owners free of charge;
(b) the Owners Corporation may at is discretion make additional numbers of the keys or devices available to owners on the payment of a reasonable charge as may be determined from time to time by the Strata Committee;
(c) the owner of a lot to whom any key or any operating system is given under this by-law must:
(i) exercise a high degree of caution and responsibility in making the same available for use by any occupier of a lot; and
(ii) must take reasonable precautions to ensure that return of the keys or devices to the owner or the Owners Corporation when the occupier ceases to be an occupier and must include an appropriate covenant to this effect in the lease or licence of a lot to any such occupier; and
(d) the owner or occupier of a lot into whose possession any key or device referred to in this by-law has come must not duplicate it or cause to be duplicated and must take all reasonable precautions to ensure that the key or device is not lost or handed to any person other than another owner or occupier and is not disposed of otherwise then by returning it to the Owners Corporation.
20. Not interfere with security and keep fire doors locked
An owner or occupier of a lot must not do or omit or suffer to be done or omitted any act, matter or thing which may interfere with or impede the security, fire or other safety of the parcel or any part thereof and including without limitation ensure that all fire and security doors and windows (including ancillary apparatus or appliances) are kept locked or secure or in an operational state, as the case may be, when not in immediate use.
This is the form referred to in section 10(1)(b)(ii) Strata Schemes Development Act 2015
This form, when completed, must accompany a strata plan lodged for registration when it is intended to create by-laws other than model by-laws.
Office use only
Registered:
Office use only
21. Not interfere with fire fighting equipment
An owner or occupier of a lot must not use or interfere with any fire hydrant or other fire fighting or fire safety equipment except in case of emergency or otherwise impede access any way to or obstruct any fire stairs, fire escape or any such equipment.
22. Fire protection systems, smoke detectors etc
22.1
Each owner and/or occupier (as the case may be) must comply with any legislation or regulations in particular the Environmental Planning and Assessment Act 1979 in relation to the installation and maintenance of fire protection systems and smoke detectors in their lot.
22.2 Each owner and/or occupier (as the case may be) must keep and maintain the fire protection systems and smoke detectors in their lot in good and serviceable repair and repair and replace the fire protection systems and smoke detectors when necessary.
23. Signage on common property
Unless specifically permitted by another by-law of the Owners Corporation, no sign shall be erected or permitted to remain on the common property without prior written approval of the Owners Corporation, other than a sign or signs in place on the date of registration of these by-laws which last mentioned sign or signs shall be entitled to remain so long as the owner of the sign continues to occupy a lot in the strata scheme.
24. Movement of goods
An owner or occupier of a lot is permitted to use for the receipt, delivery or other movement of any goods, wares, merchandise or articles of bulk or quantity only such parts of the parcel as the Owners Corporation may permit from time to time and must use such areas and receive, take delivery or move such goods, ware or merchandise or articles within the parcel in accordance with the rules determined by the Strata Committee.
25. Invitees and licensees to comply with by-laws
25.1 An owner or occupier of a lot which is the subject to a lease or licence agreement must take all reasonable steps to ensure that any lessee or licensee or other occupier of the lot or their invitees comply with the provisions of the by-laws
25.2 An owner or occupier of a lot must take all reasonable steps to ensure that invitees do not behave in a manner likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or any person lawfully using the common property.
26. Owners Corporation to provide for management of lots, common property etc. and appoint Manager
The Owners Corporation, in addition to the powers and authorities conferred upon it, shall have as part of the powers and authorities to provide for the management of the lots and common property and of the building generally the power to appoint any managing agent, enter into any contractual or
This is the form referred to in section 10(1)(b)(ii) Strata Schemes Development Act 2015
This form, when completed, must accompany a strata plan lodged for registration when it is intended to create by-laws other than model by-laws.
Office use only
Registered:
Office use only
other arrangement with any person, firm or company (in these by-laws referred to as "the Manager") under which the Manager is responsible for attending to all or any of the day to day management and maintenance aspects of the building and which contractual or other arrangements may provide for any of the following:
(a) the cleaning, caretaking, security, supervision and service of the common property and any personal property vested in the Owners Corporation and for its general repair and maintenance or renewal and replacement;
(b) the provision of services to owners or occupiers consistent with use of lots in the scheme as commercial and/or retail premises;
(c) the supervision of any employees and/or contractors of the Owners Corporation;
(d) the control and supervision of the common property generally; and
(e) any other matter that may be considered by the Owners Corporation to be necessary or desirable having regard to the operational management requirements of the Owners Corporation.
27. Strata Committee to make rules
The Strata Committee appointed from time to time shall have power to make rules and regulations about the use of any facility in the parcel in the interests of the safety of the owners and occupiers and general amenity of the strata scheme and the times and manner in which any part of the common property may be used.
28. Building rules
An owner or occupier of a lot and all persons authorised by them must comply with the rules (if any) from time to time promulgated by the Owners Corporation for the orderly management or security of the common property provided that any such rule does not derogate from any rights hereby granted.
29. Terms of Owners Corporation consents and approvals
Any consent or approval given by the Owners Corporation pursuant to the by-laws shall, if practicable, be revocable and may be given subject to conditions.
30. No smoking
An owner or occupier must not, and must ensure that its invitees do not, smoke on any part of the common property.
31. Behaviour of owners and occupiers
An owner or occupier of a lot when on common property must be adequately clothed and must not use language or behave in a manner likely to cause offence or embarrassment to the owner or occupier of another lot or to any person lawfully using common property.
This is the form referred to in section 10(1)(b)(ii) Strata Schemes Development Act 2015
This form, when completed, must accompany a strata plan lodged for registration when it is intended to create by-laws other than model by-laws.
Office use only
Registered:
Office use only
32. Children playing on common property in building
An owner or occupier of a lot must not permit any child of whom the owner or occupier has control to play on common property unless accompanied by an adult exercising effective control, to be or to remain on common property comprising a laundry, car parking area or other area of possible danger or hazard to children.
33. Drying of laundry items
An owner or occupier of a lot must not, except with the written approval of the Owners Corporation, hang any washing, towel, bedding, clothing or other article on any part of the Parcel (including the lot) in such a way as to be visible from the street level outside the building other than on any lines provided by the Owners Corporation for the purpose and there only for a reasonable period.
34. Cleaning windows and doors
An owner or occupier of a lot must keep clean all glass in windows and all doors on the boundary of the lot, including so much as is common property, unless the Owners Corporation resolves that: (a) it will keep the glass or specified part of the glass clean; or (b) glass or part of the glass cannot be accessed by the owner or occupier of the lot safely or at all.
35.
Moving furniture and other objects on or through common property
35.1 An owner or occupier of a lot must not transport any furniture or large object through or on common property within the building unless sufficient notice has first been given to the Strata Committee so as to enable the Strata Committee to arrange for its nominee to be present at the time when the owner or occupier does so.
35.2 An Owners Corporation may resolve that furniture or large objects are to be transported through or on the common property (whether in the building or not) in a specified manner.
35.3 If the Owners Corporation has specified, by resolution, the manner in which furniture or large objects are to be transported, an owner or occupier of a lot must not transport any furniture or large object through or on common property except in accordance with that resolution.
36. Garbage disposal
36.1 Subject to all the requirements of Council, each lot owner or occupier must ensure the removal of garbage from the lot on a regular basis.
36.2 Garbage may be stored or disposed of by each lot owner or occupier in the Garbage Disposal Area until disposal.
This is the form referred to in section 10(1)(b)(ii) Strata Schemes Development Act 2015
This form, when completed, must accompany a strata plan lodged for registration when it is intended to create by-laws other than model by-laws.
Office use only
Registered:
Office use only
36.3 The Owners Corporation must devise rules including a garbage removal system for the removal of garbage from the Common Property. The rules, including the garbage removal system, may incorporate or address:
(a) permitted means and times for disposal;
(b) disposal routes;
(c) permitted pick-up areas (if any);
(d) location of garbage removal;
(e) storage of garbage;
(f) containment of garbage;
(g) regularity of garbage removal;
(h) segregation of garbage; and
(i) special garbage requirements, and may also incorporate or address other matter as determined by the Owners Corporation from time to time.
36.4 The Owners Corporation must procure a contractor, which may be but does not need to be a caretaker or manager appointed by the Owners Corporation, to:
(a) remove or otherwise dispose of all garbage from the Garbage Disposal Area on at least a weekly basis;
(b) clean the Garbage Disposal Area on at least a weekly basis; and
(c) conduct daily inspections of common property and remove any garbage located therein and store such garbage in the Garbage Disposal Area until disposal.
36.5 An owner or occupier of a lot must:
(a) comply with all requirements of Council concerning the type of garbage which is the subject of disposal;
(b) drain and securely wrap all garbage and store garbage in the Garbage Disposal Area until disposal;
(c) dispose of recyclable material in recycling bins (if any) in the Garbage Disposal Area;
(d) ensure that the owner or occupier does not, in disposing of garbage, adversely affect the health, hygiene, safety or comfort of the owners or occupiers of other lots;
(e) comply with the garbage removal rules, including any garbage removal system put in place by the Owners Corporation pursuant to by-law 36.3
This is the form referred to in section 10(1)(b)(ii) Strata Schemes Development Act 2015
This form, when completed, must accompany a strata plan lodged for registration when it is intended to create by-laws other than model by-laws.
Office use only
Registered:
Office use only
36.6 The Owners Corporation must advise each owner of the garbage removal rules and any changes to such rule, including providing details of the garbage removal system.
36.7 Each owner must display in its lot at all times a copy of the current garbage removal rules of the Owners Corporation, including details of the garbage removal system.
37. Keeping of animals
37.1 Subject to the Act, an owner or occupier of a lot may keep 1 small dog, 1 small cat, 1 small caged bird or 1 ordinarily available residential aquarium to house small fish on the lot.
37.2 An owner or occupier may request the Strata Committee to provide confirmation that a specified animal requested to be kept by that owner or occupier upon their lot is considered by the Strata Committee as complying with this by-law 37
37.3 For the purposes of by-law 37.1, the term “small” means:
(a) fish which an ordinary person may legally acquire and keep in an aquarium as a companion animal which is not poisonous or otherwise dangerous to persons;
(b) a bird which an ordinary person may legally acquire and keep in a cage as a companion animal which is not dangerous to any persons but excluding any type of chicken or other foul;
(c) a dog or cat under 15kgs in weight and which, under the terms of the Companion Animals Act 1998 (NSW), is not:
(i) declared a menacing, dangerous or nuisance dog;
(ii) declared a nuisance cat; or
(iii) a restricted breed.
37.4 If an owner or occupier of a lot keeps an animal as referred to in by-law 37.1 the owner or occupier must:
(a) notify the Owners Corporation;
(b) keep the animal within the lot;
(c) carry the animal when it is on the common property for egress and ingress purposes; and
(d) take such action as may be necessary to clean all areas of the lot or the common property that are soiled by the animal.
38. Provision of amenities or services
38.1 The Strata Committee may determine or enter into arrangements for the provision of the following amenities or services to the common property or to the Owners Corporation:
(a) window cleaning;
(b) garbage disposal and recycling services;
This is the form referred to in section 10(1)(b)(ii) Strata Schemes Development Act 2015
This form, when completed, must accompany a strata plan lodged for registration when it is intended to create by-laws other than model by-laws.
Office use only
Registered:
Office use only
(c) electricity, water or gas supply; and
(d) telecommunication services (for example, cable television).
38.2 If the Owners Corporation makes a resolution referred to in by-law 38.1 to provide an amenity or service to a lot or to the owner of occupier of a lot, it must indicate in the resolution the amount for which, or the conditions on which, it will provide the amenity or service.
39. Traffic on common property
39.1 The Strata Committee has the power to:
(a) impose a speed limit for traffic in common property;
(b) impose reasonable restrictions on the use of common property driveways and parking areas;
(c) install speed humps and other traffic control devices in common property; and
(d) install signs in relation to parking and to control traffic in common property.
39.2 An owner or occupier of a lot must comply at all times with any speed limits, restrictions, parking and traffic signs imposed or installed by the Strata Committee.
39.3 An owner or occupier of a lot must comply at all times with any carparking management plan implemented from time to time by the Strata Committee.
40. Access to a lot by the Owners Corporation
The Owners Corporation may, by its agents, employees or contractors, enter on any part of a lot for the purpose of carrying out work in accordance with the Act.
41. Landscaping
The owners and occupies must ensure that all elements of landscaping (for example planter boxes and plants) which may be visible from outside of the lot:
(a) are of a high quality and good condition, commensurate with the quality of the strata scheme and in keeping with the appearance of the building;
(b) are regularly maintained and kept neat and tidy at all times;
(c) are watered or otherwise maintained in such a way that no water enters another lot or common property and no damage is caused to a lot or common property; and
(d) do not hang or grow over the boundary of the lot.
42. Restrictions on use of lot
42.1 An occupier or owner of a lot must not (and is not entitled to) use any lot as a brothel or massage parlour or any other use that is prohibited by law.
42.2 An owner or occupier of a lot must ensure that the lot is not occupied by more persons than are allowed by law to occupy the lot.
This is the form referred to in section 10(1)(b)(ii) Strata Schemes Development Act 2015
This form, when completed, must accompany a strata plan lodged for registration when it is intended to create by-laws other than model by-laws.
Office use only
Registered:
Office use only
42.3 The owner or occupier of a lot must not lease, licence, sub-lease, sub-licence or grant any other right of occupation for the lot other than a lease which complies with and is subject to the Residential Tenancies Act 2010
43. Restricted areas of common property
Except as otherwise provided in these by-laws, an owner or occupier of a lot (or their invitees) must not access or enter into the roof of the building or any Plant Room.
44.
Right of entry
An owner or occupier any lot in the strata scheme, upon receiving reasonable notice (except in the case of an emergency), must allow the Owners Corporation or any contractors, sub-contractors, workmen or other person authorised by either of them (“Authorised Contractor”), together with a security guard the right of access to their lot for the purpose of supplying services, carrying out works or effecting repairs on the lift, mains, pipes, wires or connections of water, sewerage, drainage, gas, electricity, telephone or other system or service, whether to their lot or to another lot or Common Property or the Carparking Area.
45. Lifts
45.1 The lifts installed in the Strata Scheme must be used only in accordance with the size and weight specifications displayed on lift walls by the manufacturer, and no occupier, owner or visitor to the strata scheme must use lifts contrary to this capacity.
45.2 All owners, occupiers and visitors who wish to use lifts to carry large or heavy equipment to any lot must first give reasonable notice and obtain approval from the Owners Corporation and comply with any conditions the Owners Corporation may require, for example, the installing of protective curtaining within the lift.
45.3 An owner or occupier of a lot must not misuse or permit to be misused any lift in the strata scheme and must not obstruct or damage the same or otherwise interfere with or impede its normal operation.
46. Insurance premiums
46.1 An owner or occupier of a lot must obtain the written approval of the Owners Corporation to do anything to invalidate, suspend or increase the premium for an Owners Corporation insurance policy.
46.2 If the Owners Corporation gives approval under this by-law, it may make conditions that, without limitation, require the reimbursement to the Owners Corporation of any increased premium.
47. Storage
An owner or occupier of a lot must not use any part of a lot designated for the use of storage to store any flammable substance nor for any purpose that creates a nuisance or harm.
This is the form referred to in section 10(1)(b)(ii) Strata Schemes Development Act 2015
This form, when completed, must accompany a strata plan lodged for registration when it is intended to create by-laws other than model by-laws.
Office use only
Registered:
Office use only
48. Floor coverings
48.1
An owner of a lot must ensure that all floor space within the lot is covered or otherwise treated to an extent sufficient to prevent the transmission from the floor space of noise likely to disturb the peaceful enjoyment of the owner or occupier of another lot.
48.2 An owner or occupier of a lot must notify the Owners Corporation no less than 21 days before changing any of the floor coverings or surfaces of a lot. The notice must specify the type of the proposed floor covering or surface which is being replaced and any measures taken by the owner or occupier to reduce or otherwise ensure that by-law 48.1 is complied with.
48.3 This by-law does not affect any requirement under any law to obtain consent, approval or other authorisation which may be required for the changing of the floor covering or surface concerned.
48.4 An owner or occupier must not lay any other type of floor covering or surface other than tiles to floor space comprising a laundry, lavatory or bathroom.
49. Failure to comply with by-laws
49.1 The Owners Corporation may do anything on a lot that an owner or occupier should have done under the by-laws which an owner or occupier has not undertaken or in the opinion of the Owners Corporation has not been done properly.
49.2 The Owners Corporation must give the occupier or owner written notice specifying when it will enter into a lot to do the work. An owner or occupier must:
(a) give the Owners Corporation (or persons authorised by it) access to the lot according to the notice and at the owner or occupier’s cost; and
(b) pay the Owners Corporation for its costs for doing the work.
49.3 The Owners Corporation may recover any money the owner or occupier owes the Owners Corporation under the by-laws as a debt, and this debt may be added to the owner’s levy notice.
50. Service of documents
A document which is otherwise required to be served by the Owners Corporation or Strata Committee or any of their representatives may be served on an owner or occupier of a lot by electronic means provided that the person has given the Owners Corporation or Strata Committee an email address for the service of notices and the document is sent to that address.
51. Vendor's right to sell
51.1 For such time as the Vendor remains an owner of a lot in the strata scheme, those companies shall have a special privilege to conduct selling or leasing activities within the parcel, including the common property.
This is the form referred to in section 10(1)(b)(ii) Strata Schemes Development Act 2015
This form, when completed, must accompany a strata plan lodged for registration when it is intended to create by-laws other than model by-laws.
Office use only
Registered:
Office use only
51.2 The Vendor shall (whilst it owns a lot in the strata scheme) have a special privilege to:
(a) erect upon common property signs advertising the sale of or lease of lots in the strata scheme; and
(b) to bring third parties onto common property for the purposes of inspection of common property and lots with a view to purchasing or leasing a lot.
This is the form referred to in section 10(1)(b)(ii) Strata Schemes Development Act 2015
This form, when completed, must accompany a strata plan lodged for registration when it is intended to create by-laws other than model by-laws.
Office use only
Registered:
Execution
Registered proprietor
Executed by 43-49 Ocean Parade Pty Ltd ACN 616 421 553 in accordance with section 127 of the Corporations Act 2001 (Cth) by:
Signature of Director Signature of Director/Secretary
Print name of Director
Print name of Director/Secretary
Office use only
This is the form referred to in section 10(1)(b)(ii) Strata Schemes Development Act 2015
This form, when completed, must accompany a strata plan lodged for registration when it is intended to create by-laws other than model by-laws.
Office use only
Registered:
Mortgagee
Office use only
This is the form referred to in section 10(1)(b)(ii) Strata Schemes Development Act 2015
This form, when completed, must accompany a strata plan lodged for registration when it is intended to create by-laws other than model by-laws.
KITCHEN
Schedule of finishes
Floor Full body tiles 600 x 300mm
Skirting Timber Skirting
Cupboard/Drawers Laminate door/drawer fronts, melamine shelves and carcass
Bench top 20mm Caesarstone
Splash back Caesarstone
Island bench 20mm Caesarstone with waterfall edge (where applicable)
Oven Fisher & Paykel 600mm, 7 function Self Cleaning Oven
Cook top Fisher & Paykel Gas on Steel cook top, Four burners inc. Wok burner, flame-failure safety device
Range hood Fisher & Paykel intergrated, fully ducted with LED lighting
Dishwasher Fisher & Paykel integrated with stainless steel interior, 5 star WELS rating, 4 star energy rating
Sink & Tap Stainless steel double bowl, Arcisan sink mixer
BATHROOM
/ ENSUITE
Floor Vitrified tiles 300 x 300mm
Walls Full height 600 x 300mm rectified edge with 2 x feature walls
Vanity Unit Wall hung basin with Shaving cabinet above
Tap wear Caroma basin mixer, 5 Star WELS rating
Shower head, 3 Function shower head on adjustable rail, towel rail, toilet 3 Star WELS rating, pin lever mixer, polished roll holder chrome
Shower screen Clear fixed glass panel
Toilet suite Caroma urbane wall faced invsi suiterecessed cistern and wall-hung pan
Wardrobes Fixed melamine shelf, chrome hang rail, semi frameless mirror
BALCONY
Floor Tiles
Balustrade Aluminium balustrade with glass panel
Lighting Wall-mounted light fitting
SERVICES
Air Conditioning Mini-VRV
Hot water Natural Gas, continuos flow central system
TV/Telephone/ One point per living, bedroom, capable for Internet/Electrical high speed internet
Double GPO In all living and bedrooms
Security/Intercom Access control to carpark, lobbies, video/audio intercom, CCTV to common areas basement & GF
Ventilation/Heating 2 in 1 heat lamp and light in bathrooms, exhaust fan in laundry and bathrooms
Storage As per plan
EV Chargers 2 x EV Chargers in visitors parking available
DISCLAIMER: The vendor may at any time and without reference alter any finish specified in any of this Schedule of Finishes to be installed in the Apartment or Common Property to another finish of comparable or better value as determined by the vendor. 43-49 Ocean Parade Pty Ltd, appointed agents and/or consultants do not guarantee, warrant or represent that the information contained in this advertising and marketing document is correct. Any interested parties should make their own enquiries as to the accuracy of the information. We exclude all inferred or implied terms, conditions and warranties arising out of this document and any liability for loss or damage arising there from.
KITCHEN
Schedule of finishes Level 6
LIVING/DINING
Floor 600 x 300mm full body tiles
Walls Painted plasterboard
Floor Full body tiles 600 x 300mm
Skirting Timber skirting
Cupboard/Drawers Laminate door/drawer fronts, melamine shelves and carcass
Bench top 20mm Caesarstone
Splash back Caesarstone
Island bench 20mm Caesarstone with waterfall edge (where applicable)
Oven Fisher & Paykel 600mm, 9 function Self Cleaning Oven
Cook top Fisher & Paykel 900mm gas on glass, Five burners inc. 2 x rapid + Wok burner, flame-failure safety device
Range hood Fisher & Paykel intergrated, fully ducted with LED lighting
Dishwasher Fisher & Paykel integrated with stainless steel interior, 5 star WELS rating, 4 star energy rating
Sink & Tap Stainless steel double bowl, Arcisan sink mixer
Refrigerator Fisher & Paykel integrated french door fridge and freezer 800mm
BATHROOM / ENSUITE
Floor Vitrified tiles 300 x 300mm
Walls Full height 600 x 300mm rectified edge with 2 x feature walls
Vanity Unit Wall hung basin with Shaving cabinet above
Tap wear Caroma basin mixer, 5 Star WELS rating
Shower head, 3 Function shower head on adjustable rail, towel rail, toilet 3 Star WELS rating, pin lever mixer, polished roll holder chrome
Shower screen Clear fixed glass panel
Toilet suite Caroma urbane wall faced invsi suiterecessed cistern and wall-hung pan
Wardrobes Fixed melamine shelf, chrome hang rail, semi frameless mirror
BALCONY
Floor Tiles
Balustrade Aluminium balustrade with glass panel
Lighting Wall-mounted light fitting
SERVICES
Air Conditioning Mini-VRV
Hot water Natural Gas, continuos flow central system
TV/Telephone/ One point per living, bedroom, capable for Internet/Electrical high speed internet
Double GPO In all living and bedrooms
Security/Intercom Access control to carpark, lobbies, video/audio intercom, CCTV to common areas basement & GF
Ventilation/Heating 2 in 1 heat lamp and light in bathrooms, exhaust fan in laundry and bathrooms
Storage As per plan
EV Chargers 2 x EV Chargers in visitors parking available
DISCLAIMER: The vendor may at any time and without reference alter any finish specified in any of this Schedule of Finishes to be installed in the Apartment or Common Property to another finish of comparable or better value as determined by the vendor. 43-49 Ocean Parade Pty Ltd, appointed agents and/or consultants do not guarantee, warrant or represent that the information contained in this advertising and marketing document is correct. Any interested parties should make their own enquiries as to the accuracy of the information. We exclude all inferred or implied terms, conditions and warranties arising out of this document and any liability for loss or damage arising there from.
STRATA TITLE (RESIDENTIAL) PROPERTY REQUISITIONS ON TITLE
Vendor: 43-49 Ocean Parade Pty Limited ACN 615 677 873 as trustee for Ocean Parade Unit Trust ABN 78 362 676 331
Purchaser:
Property: Apartment [ ], The Elysian, 43-49 Ocean Parade, The Entrance, NSW 2261
Dated:
Possession and tenancies
1. Vacant possession of the Property must be given on completion unless the Contract provides otherwise.
2. Is anyone in adverse possession of the Property or any part of it?
3. (a) What are the nature and provisions of any tenancy or occupancy?
(b) If they are in writing, all relevant documentation should be produced, found in order and handed over on completion with notices of attornment.
(c) Please specify any existing breaches.
(d) All rent should be paid up to or beyond the date of completion.
(e) Please provide details of any bond together with the Rental Bond Board’s reference number.
(f) If any bond money is held by the Rental Bond Board, the appropriate transfer documentation duly signed should be handed over on completion.
4. Is the Property affected by a protected tenancy (a tenancy affected by Parts 2, 3, 4 or 5 of the Landlord and Tenant (Amendment) Act 1948 (NSW))? If so, please provide details.
5. If the tenancy is subject to the Residential Tenancies Act 2010 (NSW):
(a) has either the vendor or any predecessor or the tenant applied to the NSW Civil and Administrative Tribunal for an order?
(b) have any orders been made by the NSW Civil and Administrative Tribunal? If so, please provide details.
Title
6. Subject to the Contract, on completion the vendor should be registered as proprietor in fee simple of the Property free from all encumbrances and notations and recorded as the owner of the Property on the strata roll, free from all other interests.
7. On or before completion, any mortgage, caveat, writ or priority notice must be discharged, withdrawn, cancelled or removed as the case may be or, in the case of a mortgage, caveat or priority notice, an executed discharge or withdrawal or removal handed over on completion together with a notice under Section 22 of the Strata Schemes Management Act 2015 (NSW) (Act).
8. Are there any proceedings pending or concluded that could result in the recording of any writ on the title to the Property or in the General Register of Deeds? If so, full details should be provided at least 14 days prior to completion.
9. When and where may the title documents be inspected?
10. Are any chattels or fixtures subject to any hiring or leasing agreement or charge or to any security interest under the Personal Properties Securities Act 2009 (Cth)? If so, details must be given and all indebtedness cleared and title transferred unencumbered to the vendor prior to completion.
Adjustments
11. All outgoings referred to in clause 14.1 of the Contract must be paid up to and including the date of completion.
12. Is the vendor liable to pay land tax or is the Property otherwise charged or liable to be charged with land tax? If so:
(a) to what year has a return been made?
(b) what is the taxable value of the Property for land tax purposes for the current year?
13. The vendor must serve on the purchaser a current land tax certificate (issued under Section 47 of the Land Tax Management Act 1956 (NSW)) at least 14 days before completion.
Survey and building
14. Subject to the Contract, survey should be satisfactory and show that the whole of the Property and the common property is available, that there are no encroachments by or upon the Property or the common property.
15. Is the vendor in possession of a survey report? If so, please produce a copy for inspection prior to completion. The original should be handed over on completion.
16. In respect of the Property and the common property:
(a) Have the provisions of the Local Government Act (NSW), the Environmental Planning and Assessment Act 1979 (NSW) and their regulations been complied with?
(b) Is there any matter that could justify the making of an upgrading or demolition order in respect of any building or structure?
(c) Has the vendor a Building Certificate which relates to all current buildings or structures on the Property? If so, it should be handed over on completion. Please provide a copy in advance.
(d) Has the vendor a Final Occupation Certificate issued under the Environmental Planning and Assessment Act 1979 (NSW) for all current buildings or structures on the Property? If so, it should be handed over on completion. Please provide a copy in advance.
(e) In respect of any residential building work carried out in the last 7 years:
(i) please identify the building work carried out;
(ii) when was the building work completed?
(iii) please state the builder's name and licence number;
(iv) please provide details of insurance under the Home Building Act 1989 (NSW).
(f) Are there any proposals by the Owners Corporation or an owner of a lot to make any additions or alterations or to erect any new structures on the common property? If so, please provide details.
(g) Has any work been carried out by the vendor on the Property or the common property? If so:
(i) has the work been carried out in accordance with the by-laws and all necessary approvals and consents?
(ii) does the vendor have any continuing obligations in relation to the common property affected?
17. Is the vendor aware of any proposals to:
(a) resume the whole or any part of the Property or the common property?
(b) carry out building alterations to an adjoining lot which may affect the boundary of that lot or the Property?
(c) deal with, acquire, transfer, lease or dedicate any of the common property?
(d) dispose of or otherwise deal with any lot vested in the Owners Corporation?
(e) create, vary or extinguish any easements, restrictions or positive covenants over the Property or the common property?
(f) subdivide or consolidate any lots and/or any common propert y or to convert any lots into common property?
(g) grant any licence to any person, entity or authority (including the Council) to use the whole or any part of the common property?
18. Has the vendor (or any predecessor) or the Owners Corporation entered into any agreement with or granted any indemnity to the Council or any other authority concerning any development on the Property or the common property?
19. In relation to any swimming pool on the Property or the common property:
(a) did its installation or construction commence before or after 1 August 1990?
(b) has the swimming pool been installed or constructed in accordance with approvals under the Local Government Act 1919 (NSW) and Local Government Act 1993 (NSW)?
(c) does it comply with the provisions of the Swimming Pools Act 1992 (NSW) and regulations relating to access? If not, please provide details or the exemptions claimed.
(d) have any notices or orders issued or been threatened under the Swimming Pools Act 1992 (NSW) or regulations?
(e) if a certificate of non-compliance has issued, please provide reasons for its issue if not disclosed in the contract;
(f) originals of certificate of compliance or non-compliance and occupation certificate should be handed over on settlement.
20. (a) Is the vendor aware of any dispute regarding boundary or dividing fences in the strata scheme?
(b) Is the vendor aware of any notice, claim or proceedings under the Dividing Fences Act 1991 (NSW) or the Encroachment of Buildings Act 1922 (NSW) affecting the strata scheme?
Affectations, notices and claims
21. In respect of the Property and the common property:
(a) Is the vendor aware of any rights, licences, easements, covenants or restrictions as to use of them other than those disclosed in the Contract?
(b) Has any claim been made by any person to close, obstruct or limit access to or from them or to prevent the enjoyment of any easement appurtenant to them?
(c) Is the vendor aware of:
(i) any road, drain, sewer or storm water channel which intersects or runs through them?
(ii) any dedication to or use by the public of any right of way or other easement over any part of them?
(iii) any latent defects in them?
(d) Has the vendor any notice or knowledge of them being affected by the following:
(i) any notice requiring work to be done or money to be spent on them or any footpath or road adjoining? If so, such notice must be complied with prior to completion.
(ii) any work done or intended to be done on them or the adjacent street which may create a charge on them or the cost of which might be or become recoverable from the purchaser?
(iii) any sum due to any local or public authority recoverable from the purchaser? If so, it must be paid prior to completion.
(iv) any realignment or proposed realignment of any road adjoining them?
(v) any contamination including, but not limited to, materials or substances dangerous to health such as asbestos and fibreglass?
Applications, Orders etc.
22. Are there any applications made, proposed or threatened, whether by an owner of a lot or the Owners Corporation, to the NSW Civil and Administrative Tribunal, any Court or to the Registrar General for orders relating to the strata scheme, the Property or the common property (including orders to vary the strata scheme consequent upon damage or destruction or to terminate the strata scheme) which are yet to be determined? If so, please provide particulars.
23. Are there any mediations currently being conducted by the Commissioner of Fair Trading, Department of Finance Services and Innovation in relation to the Property or the common property which involve the vendor or the Owners Corporation? If so, please provide particulars.
24. Are there any:
(a) orders of the Tribunal;
(b) notices of or investigations by the Owners Corporation;
(c) notices or orders issued by any Court; or
(d) notices or orders issued by the Council or any public authority or water authority, affecting the Property or the common property not yet complied with? In so far as they impose an obligation on the vendor they should be complied with by the vendor before completion.
25. Have any orders been made by any Court or Tribunal that money (including costs) payable by the Owners Corporation be paid from contributions levied in relation to the Property? If so, please provide particulars.
26. Has the vendor made any complaints or been the subject of any complaints arising out of noise affecting the Property or emanating from the Property?
27. Has any proposal been given by any person or entity to the Owners Corporation for:
(a) a collective sale of the strata scheme; or
(b) a redevelopment of the strata scheme?
If so, please provide particulars of the proposal and the steps taken and decisions made in relation to the proposal to the present time.
Owners Corporation management
28. Has the initial period expired?
29. Are any actions proposed to be taken or have any been taken by the Owners Corporation in the initial period which would be in breach of its powers without an order authorising them?
30. If the Property includes a utility lot, please specify the restrictions.
31. Do any special expenses, including any liabilities of the O wners Corporation exceed 1% of the price?
32. Has an appointment of a strata managing agent and/or a building manager been made? If so:
(a) who has been appointed to each role;
(b) when does the term or each appointment expire; and
(c) what functions have been delegated to the strata managing agent and/or the building manager.
33. Has the Owners Corporation entered into any agreement to provide amenities or services to the Property? If so, please provide particulars.
34. Has a resolution been passed for the distribution of surplus money from the administrative fund or the capital works fund? If so, please provide particulars.
35. Have the by-laws adopted a common property memorandum as prescribed by the regulations for the purposes of Section 107 of the Act? If so, has the memorandum been modified? Please provide particulars.
36. Is there a registered building management statement pursuant to Section 108 of the Strata Schemes Development Act 2015 (NSW)? If so, are there any proposals to amend the registered building management statement?
37. If the strata scheme was in existence at 30 November 2016, has the Owners Corporation taken steps to review the by-laws that were current at that date? If so, please provide particulars.
38. Are there any pending proposals to amend or repeal the current by-laws or to add to them?
39. Are there any proposals, policies or by-laws in relation to the conferral of common property rights or which deal with short term licences and/or holiday lettings?
40. If not attached to the Contract, a strata information certificate under Section 184 of the Act should be served on the purchaser at least 7 days prior to completion.
41. Has the Owners Corporation met all of its obligations under the Act relating to:
(a) insurances;
(b) fire safety;
(c) occupational health and safety;
(d) building defects and rectification in relation to any applicable warranties under the Home Building Act 1989 (NSW);
(e) the preparation and review of the 10 year plan for the capital works fund; and
(f) repair and maintenance.
42. Is the secretary of the Owners Corporation in receipt of a building bond for any building work on a building that is part of the Property or the common property?
43. Has an internal dispute resolution process been established? If so, what are its terms?
44. Has the Owners Corporation complied with its obligation to lodge tax returns with the Australian Taxation Office and has all tax liability been paid?
Capacity
45. If the Contract discloses that the vendor is a trustee, evidence should be produced to establish the trustee’s power of sale.
Requisitions and transfer
46. If not attached to the Contract and the transaction is not an excluded transaction, any clearance certificate under Section 14-220 of Schedule 1 of the Taxation Administration Act 1953 (Cth) should be served on the purchaser at least 7 days prior to completion.
47. If the transfer or any other document to be handed over on completion is executed pursuant to a power of attorney, then at least 7 days prior to completion a copy of the registered power of attorney should be produced and found in order.
48. If the vendor has or is entitled to have possession of the title deeds the Certificate Authentication Code must be provided 7 days prior to settlement.
49. Searches, surveys, enquiries and inspection of title deeds must prove satisfactory.
50. The purchaser reserves the right to make further requisitions prior to completion.
51. Unless we are advised by you to the contrary prior to completion, it will be assumed that your replies to these requisitions remain unchanged as at the completion date.
Title Search
NEW SOUTH WALES LAND REGISTRY SERVICES - TITLE SEARCH
FOLIO: 1/1091741
SEARCH DATE
24/5/2021 9:14 AM 4 16/12/2016
LAND
LOT 1 IN DEPOSITED PLAN 1091741 AT THE ENTRANCE
LOCAL GOVERNMENT AREA CENTRAL COAST
PARISH OF TUGGERAH COUNTY OF NORTHUMBERLAND
TITLE DIAGRAM DP1091741
FIRST SCHEDULE --------------
43-49 OCEAN PARADE PTY LIMITED (T AM4803)
SECOND SCHEDULE (7 NOTIFICATIONS)
1 RESERVATIONS AND CONDITIONS IN THE CROWN GRANT(S)
2 F667695 COVENANT AFFECTING THE PART SHOWN SO BURDENED IN THE TITLE DIAGRAM.
3 F747667 COVENANT AFFECTING THE PART SHOWN SO BURDENED IN THE TITLE DIAGRAM.
4 F751469 COVENANT AFFECTING THE PART SHOWN SO BURDENED IN THE TITLE DIAGRAM.
5 F983246 COVENANT AFFECTING THE PART SHOWN SO BURDENED IN THE TITLE DIAGRAM.
6 G636740 COVENANT AFFECTING THE PART SHOWN SO BURDENED IN THE TITLE DIAGRAM.
7 AM4804 MORTGAGE TO ZULFI & SONS PTY LTD
NOTATIONS
UNREGISTERED DEALINGS: NIL
EAS929-00187 PRINTED ON 24/5/2021
R.P. 13; No
!8nij3.
MEMORANDUM
OF TRANSFER (Pjfflli
(REAL PROPERTY ACT, 1900.)
Fees Lodgment Endoisemeat ' ‘C«rti£cat«'
Otasb mnst not be ditcJosed in T ’A’e ALBERT1 CHARLES-LESLIE AMBROSE TAYLDR of The Entrance v Jt, Gentleman and IRVINE KENDALL TAYLOR of The Entrance / Launch Proprietor (herekc^tojrfMo-)^ being registered as the proprietor of an estate in fee simple' in the land hereinafter/dKcnhed, °r fc:uC"b]ack' EUhject, however, to such encumbrances, liens and interests as are notified hereunder, in consideration of Five hundred and eighty-five pounds ’ {£ 585.0,0. ) (the receipt whereof is hereby acknowledged) paid to us by ' i fl * tesi oat “ in V /*» jimplc " *ni inletline the
«~J. .tequiiei! alteration.
b It to two or mote, rtate ' ; wbetbnr &a jnil!t tenants or tenants in If Ut Uie rcfortDcci ca.nr.jt <^1)0 conrrnkntly insertod. a l> lorm of aniwxvn {obtainable
(herein called transferees) do hereby transfer to the said transferee*1 AS Joint Tenants All sucheo'* Estate and Interest in All the land mentioned in the schedule following common. ftcfcroacc to Title fc)
1 *t L.T.O.) may be added. Assy annexure must be stoned J by the parties and their sfena*
^ bazes srttoesaid.
» d H pari only of the land co.u-
« ^ prised in a Certificate or S '.'' ™and t> Northumberland >' ^bctog’lbe larKi^ahou'ii in ^ | f ! wn snnexei or 5 1
l>cscrijp43eni o! 1ju>£ (if part cbly).
being lot 8 on D,P. No.£3438 4938 £3 part
£ • jeStotSed^Vor'0 ^Foifran^" % /r1^ the transferee covenants with the transferor* as set out in annexure hereunto.
I WTiue tits consent of tin £ marked ,,AB I local council Is required to ma r Ke a A ■ i n lublliviijon the certificate c *. and plan mt-ntioued to » s' the Jl.G. Act, 1919, ebould | % ■ accompany tie tramfer. U f, e Sttfka out it unnecessary. ?
Conve^inclng Acts.i\>i'>l9d3. K ; Here also should be ret furth U
5 any right-of-way or easement y. il or exception m
t > AnfpSvision to addition to “
(d)
the Act K y
c '• or modification of the R 1 covenants implied by ! toiy also be inserted. ' If the space provided is ) iasufliulent a lorui oi aimcxurc J B of the same sice and quality ol < paper as this instrument u lUAouIdbe ahort 00U will
ENCUMBRANCES, &c., REFERRED TO/ £ Reservations of all mines of gold and silver ^ w iisod. bufilc«. , ? b O * ?.
| | W execute^ within the State e tills iastrunK/it shonld be P ligoed or acknowledged bet J the Ue^lstrar-Gcoe.-al. or Deputy ftcglsUar-Ccncral, or a Notary Public, a J.P., or CommlsRbner for Affidavits, to whom the Transferor is known, pthetwise the Attest* log witness sbouW appear before one of the above funcUonAries wlio h»i4nng questioned the witness should sigh the certificate op the of tlds fc nn. Aa to lnstn»a:ei:t* exocuied eJsewUcrt, aee back td form. Signed at >Y •Signed in my presence my the transferor WHO is PE day of 19 52 the oro
b»tlt
b Repeat attestation if necessary.
cfli the Transferor or Transferee signs by a mark, the attestation must stain “ tie instrument was read o and explained to him, and that be appeared fully to understand the same/' f Accepted, and thereby
LODGED BY DUKCAH BARR CM & 00 Bl Elizabeth. Street*„ a.,: AoF 661^95
CONSENT
OF MORTGAGEES
(N.B. Before execution read marginal vote.) < 1,
mortgagee under Mortgage No. retease and discharge the land, comprised in the within transfer from such mortgage and alt claims thereunder but without prejudice to my rights and remedies as regards the balance of the land comprised in such mortgage.
day of this
Dated at Signed in my presence by 19
whs is personally known to me.
MEMORANDUM AS TO NON-REVOCATION OF POWER OF ATTORNEY.
(To be signed at the time of executing the within instrument.)
Memorandum whereby the understgtici states that he has no notice of the revocation of the Power Miscellaneous Register under the authority of which he has of Attorney registered No. just executed the within transfer)
day of the Signed at Signed in the presence of 19
CERTIFICATE OF J.P., &c., TAKING DECLARATION OF ATTESTING WITNESS.11 day of the attesting witness to this instrument the person
is own handwriting, and
, the , one thousand Appeared before me at nine hundred and and declared that he personally knew signing the same, and whose signature thereto he has attested { and that the name purporting to be such signature of the said that he was of sound mind and freely and voluntarily signed the same. .
Received Doca. Nos.
Chief Secretary of such part or such other person as Ibe Chief Justice of New Sooth Wales may appoint. PROGRESS RECORD. t&rte.
S«nt to Survey Branch... Received from Record^ Draft written DiaJt eaanuned. xd. Diagrampreparcd Diagram examined Draft forwarded Snpt. of Engrossers Canceflatioo
If resideot in the United Kingdom then before the Mayor or Chief Officer of any corporation ft# n Notary Bublin. If rwideot at any foreign place, then the parties should agn oracknowTcdgi before a British Minister, Ambassador Envoy, Minister, Charges d'AfTafrca, Sccoctary of ttui Emb msy or Legation. ConsriLCeneral, Consul, Vlcc-Cocwol, Acting-Consul, Pro-Consal, or Consular A^ent, who ahcnild affis his seal of office, oi the attesting witness may make a declaration of the doe execution thereof before one of such persons (who should sign and affix hfe seal to such declaration), or such other person as the mid Chief Jostice may appoint. The fees are: Upon lodgment (a) £it if accompanied Jy the relevant title or evidence «f paoeUccciSoo thereof, (b) jTt 5-0 otberwiae. Thu* fe« Include* er»dorsemeut 00 the first Certificate. In additzon the follow tug fees are payable (a) 5/- for each acditronal Certificate included in the Transfer, fb) (ji*IO O for each new Certificate of Title issued, fc) 5/- where the Tninilcr
.J.timum 7k
r&z » UUktAtUUA^J^^I
rar
£/
■s
OF TRANSFER
(REAL PROPERTY ACT, 1900.)
WW8>S8.^:-,
1. We. ALBERT CHARLES LESLIE/TAYLoS of Jhe. Entrance. Sent 3 gFd TRVIKgtmfiX£ TaTOPo? The Entrance. Laufch /7 Proprietor rr7“ CfljHedffransfCTor s)
**&*****& w the proprietor of an estate the land l)«ejnafter describes, subject, however, to such encumbrances, Ben# and inier^'U M i*!® notified hereunder, in ifrWjSkX consideration of the sum Of Six hundred slid twenty five pohnds {£ 6S5,0 .Od. ) (the recdptw^eof is h^«by acknowledged) paid ton a by UOKMAII JAMES BE5UH0^/E of ^ueen S'treet, 'Forbes, Builder and vuiurHEu IvUlDELj Hr; BESOROVE hi 9 wlfei , \
b II to two of more, itat?
X topnanU mroon,
wbether as joint tenants or Id co
^.5: I# all the references
Y be cocvcnieDUy ^ form of annexu/e at L T.O.)
(herein called transferee s)
do hereby transfer to the said transferee's as joint tenants ^ All such our Estate and Interest in'Alt the land mentioned in the schedule following:
ces cam inserted, a (obUiaabU ay be added, e visaed K Reference to T>t!e (c) tcriptioa of Land (if only). 0cs ParUh. Couoty. may W Fol. y Wboto of Part^/ VoJ. /-/ Being lot ll^on Deposited Plan 25438,^
4930 23 Ho rthuiiiherland Tuggarah Part i vf part only of the land prised So a Certificate ot Certificates of. Title is to be trans/erred add *' and bcJog comIra - Ipt sec. D.P.
* <r *' being tbe land abows in Ahe plan an&exed hereto." er • *'bcmg tfie rciiduo ol the * land in certificate resit tered VoL
• at * and
(Fdirr;>Dt1*’ * And the transferees covenants with the transferors in terms of the annexure hereto Si marked ^A"
■Where the wnsent of the local council is required to a *ubdivi*km ll\e certificate plan menUoned in the L.G. Act, iqiq should ) accompany the transfer g ; e Strike out if unnecessruy. E * Coveoaots should comply |a » with Section 8& of the % Conveyancing Acts,1919-1943, OL 9 Here also should be set forth 111 | any right-of-way 01 easement I or exception. Any provision In addition to or modification of the t* Covenants implied by the Act H may also bo inserted.
* If the space provided is insufficient a lorro of same eizc and qual os this instnimcot be used.
annexuns •J juality of < | insumcK: , of the sa ssr«
| very shorl d«W will aoCca, ENCUMBRANCES, &c., referred TO.' t^fin relevant'Crown Orant , <<! ..*•5 ftjf ■ijt'f-fa H i i Reservation {If an rt,-’ j f l t .1 -V / )
) j H «seculed within the Stat*
» Z the ^ay °f SeptViter J9 5'fC Signed at 'Jhggerah
’ WHO IS PEB^^U.LV KNOVl'N TO hl&-\
5 this instrument shmild be ® signcKl o> acknoWialEsiJ'Jieioro * the KegialAi Deputy Keg n Notary IHignci n ^mp Comtmsaionelt tor \a1i to whom tbs Tran^et rot ‘ known, otherwise log witness should appear before one of the above functionaries who having questioned the witness eh sign the certificate on the back of this form. attest* ould ** '“Signed in my presence by the ) transferor IRVIUE KENDALL TAYLOR) aally known to'feei ) ' As to instnrmecb oxAciited elsewhere, 6e« back of form.
Transferor, who Is p
t> Repeat attestetlon If oecessary. \ J Accepted, and I herebv certify this Transfer to he conect for the purposes’ of the Real Property Act.
4(ll the Transferor or Transferee signs by a mark, the attestation must state “ that the Instrument was read over and explained to him, and tliah ha aW.eared fully to onaqps™ the same/' Signed in my presence by the transferees"' are WHO 16 PERSONALLY KNOWN TO ME >
* If signed by virtue of any power of attorney, the original power must be registered, and produced with each dealing, and the on back of form signed by the attorney before a Witness. memoraodutn of non-rovocatjon
j N.B. Section 117 requires that the above Certificate be signed by each Transferee or ht>.Solicitor or Conveyancer, and render! any person falsely or negligently certifying liable to a penalty of Ao; also to damages recoverable by parties Injured, Acceptance by the Solicitor or Conveyancer (who must sign his own name, ind not that of his firm) is permitted only when the Signature of the Transferee cannot be obtamod without difficulty, and when the Instrument does not impose a liability on tire party taking under it When the instrument contains some special covenant by the Transferee or Is subject to a mortgage, encumbrance or lease, the Traoitcree must accept personally. No alterations should be made by arasug. The words rejected ehouM be Beared through wfth the pen, and those robot!tutod written over them, the alteration ' being verified by signaturs or initials In the nuugta, or notfoad In th* attestation. Strae 1-BO Stgtr W Kites airrct nrr.T Pemm. GpTgBruosT taurrag. - ■ -
747661
LODGED BY .Vo
CONSENT OF MORTGAGEE}
(N.B. Before, execution read marginal note.) — /,
mortgagee under Mortgage No. release and discharge ifa land comprised in (he within transfer from such mortgage and all claims (hereunder but without prejudice to my rights and remedies as regards the balance of me land comprised in such mortgage.
) Tbis consent is appropriate only to a transfer of part oi tha the Certiiicate oi Title or Crown Grant. The s mortgagee should execute a formal discharge where the land transferred is the whole of or the residue of tbfc iaod in the Certificate of Title is land in day of this
Dated at Signed in my presence by 19 or Crown Grant or is the whole of the land in the mortgage. \
who is personally known to me. ) Mortgagee.
MEMORANDUM AS TO NON-REVOCATION OF POWER OF ATTORNEY.
(To be signed at the time of executing the within instrument.) i
Memorandum whereby the undersigned states that he has no notice of the revocation of the Power Miscellaneous Register under the authority of which he has of Attorney registered No. just executed the within transfer} j Strike out unneccf-saiy words. Add any other matter noccstary to thow that the power 1 effective. day of the Signed at Signed in the presence of 19
CERTIFICATE OF J.P., &c., TAKING DECLARATION OF ATTEST IN 3 WITNESS.1* day of the attesting witness to this instrument the person
To he signed by Registrar-General, I>eputy Registrar* 4# General, a Notary ^ Public, J.P., Comi fticner for Affidavi* other functionary before whom the attest! anpea Not required If ' imirumerit itself signed or aefcoo* before one of the parties. , one thousand t the Appeared before me at nine hundred and and declared that he personally knew signing the same, and whose signature thereto he has attested; and that the name purporting to be such own handwriting, and iom wit mg rs. ness is signature of the said that he was of sox.nd mind and-freely and voluntarily signed the same.
MEMORANDUM OF TRANSFER DOCUMENTS LODGED HEREWITH. To be filled in by petsoa lodging dealing, INDEXED S It JboitivJad*
Received Docs, Nos.
of EngrosicrS /JzsS -dS Cf-}
Cancellafion Clerk ~ mm e. o> ' Minisi! Osnsuf CeneraJ. Consul, Vice-Con>j|, Acting Consul, Pro Consul, or Consular A^ent, who Should iffu bis seal of office, or the attesting witness may make a declaration of the due execution thereof t*lore one of such person! (who shoufd sign and affix his scat to such dociarationj, or such other person as the said Chief Justice may appoint.
The foes are Upon k»len/>»! {a) rj/-. tf accomtunied by the retevant title or evideocA of production thereof, (h) £i otherwise Thu fee includes endorsement on the first Certificate, t» addition the following fees are payable : (a) J/- lot each additional Certificate included io the Transfer, (b) /l-to-o for each MW Certificate Of Title issued, (cj }/ where the Transfer con buns covenant purporting to affect the »sei of any land, (d) io/- where the Transfer is expressed to be made together with an easement n espressed to reserve an easement or in any way create* an easement, (e) »/0 where partial discharge of a mortgage is endorsed on the Transfer, (f) z/6 for each addition*] folio where the Certificate exceeds ten folios, (g] as approved. In cases involving more than one simple diagram or any diagram other than a simple diagram. Tenants in common must receive separate Certificates.
It pest only ‘of the land i* transferred a new Certificate must issue for that part, did Certificate will be retained in (he Office, A new Certificate may be taken obt for the if desired
» the res ing thefowne T-!v assigns bit such consent shall not be Withheld i'f such fence Is erected without expeJse to'., the Transferors their executors administrators or assign's or
and in favour* of any person dealing with ,the Transferees or their assigns -. such consent shall he'deemed to have been given In respect of every such time being as erected. fence fpr the i The Ismds to which the benefit of the above Covenant is intended to (a) .« i bp apptjr-tenant ,are the residue of t2ie lands in tbe said Deposited Plan Wcj. 23438.
j Th- larjd which is to be subject to the burden of the shove Covenant is the [land hereby trahaferred end - .1- jv.»,
■ fe- --V (b) f The above Covenant may be released varied or modified by the owner or owners for the time being of the residue of the lands in the said Deposited Plan Ploy 23438. ■'
The Transferees for themselves their executors administrators and assigns oi’ othe# the registered proprietors for the time belng of the land hereby transferred doth hereby for d}e benefit of the lands comprised in the said Deposited Plan Tlo. 23438 covenant with the Transferors their executors administrators and assigns that not more than one main building shall be aid Deposited Plan of the land hereby transferred. and that no main building shall be' erected on the land hereby less value than One thop>s'ja'hid>''pouhcls.'(&lb'pO).f ' which whe benefit'of the. above Covenant is intended to (c)
ei'ectod on each lot of 'che a transferred of a (a) The lands to be appurtenant are the residue of the lands comprised in the said
Deposited Plan Wo. 23438
Hie land which Is to be subject to the burden of the above Covenant Is the land hereby transferred and The above Covenant may bo released varied or modified with the consent of all the owners of the residue of the lands In the said Deposited (b) (c) Plan Wo. 23450.
•This is the anofixure r/iai^ced ,,An I'OfeT’j’ed to ;in thfe annexed Inatnauent Ambnoae r^df Transfer Albert Charles Leslie Taylor and Irvine Kendall Taylor to Uoman-Jaties Eessx’ove and Winifred Madeline Besgrove.
Transferors*
j Signed in my presence
:: by, the transferees < v;jid iire .personalW
known to me.
IF 75I4G9
F.P. 13. * No
Nw Saif.
MEMORANDUM OF TRANSFER
(REAL PROPERIV ACT, 1900) /i
Fees »• £ j. d.
Lod^nicnt : :
En.l.:.fv.n,..n( ; j
S IUMBERT CHARLES lESLIE AMBROSE TAYLCR of The Entrknce, Centleman
J and IRVIWE KEtobkhij TaylOK of the Entrance Launch Proprietor
3. SgnfckceiMI -, (licrdn caUtd ty nsftiuTs J | being registered as the proprietor of an estate % ftt, simple' in the land,ribed, » subject, however, to such encumbrances, liens and interests as are notified her/ui?«2%,_yi ^ consideration of five hundred and eighty-five pounds (£ 585
• ^• Jk» -•■.g
%l uiterU|»» tW raqoirtd 43Oration.
w b It to two or mn
CN whether as joint y f tenants in comtnevn.
) (the receipt whereof is hcrtby acknowledged) paid to us by GEORGE WI-ibIAM SETOK of Epsom Road MoorebanJc Builder
(herein called transferee )
“‘“’te'ai.a or do hereby transfer to the said transferee*’ Au. such our Estate and Interest in Ail the land mentioned in the schedule following
Qj € U &U the references cannot be Conveniently ir.Aeried, 4 form of ann&cufft {obt^'nalilc fit L.T.O.) may be added.
Any an next re oust be signed
2 by the partiw and their signa*
||% tures witnessed,
oat d If part only of the land com* f» prised in a Certificate or Certificates of Tale is to bo
■_ iranifemtd add '* and being
JT' lot tec. D P. J’ w |
O ."being the land shown in ♦»
9, plan annexed hereto," or ®
^9 f^pf betng the rcsidu* of tl»o *
3E nB?st?redVo“tB (Foi8lant)" | And the transferee covenants with the transferor* in terms of the covenants hereunto
ft Wlicre the consent of the m local councit is required to
lJ“ ft subdivision the ccrUfic&to find plan muntioood In 9 tlie L.G. Act, igr<^ should |
SS accompany the transfer.
4 Strike out if unnoccfisary. » P Covenants should comply £ •» Hifh Section 8$ oX the ^ Conveyancing AeU,tOtO*'043- K also should be act forth &f
Northumberland Tuggerah part 4938 23 and being Lot, 9 D.P.23438 £ and w 5 Mere shot af-w any right-of-way or easomcoi v Of exception, tfj Any provision in Addition toor modification of tho § HI covenants implicit by tho Act £ O may also bo inserted, y If the space provided (s }• ^ insufficient a form of nnnexnrc Jf ^ of the same siao and quail ty of *1 * paper as Uiw instrument fg should be used. fft very short note wit- Euffice. 0
ENCUMBRANCES, &c., REFERRED TO/ Subject to reservations of all mines of gold and of silver.
»■ 0 to 2 g} g If executed within the State eas this instrument should be 1* signed of acknowledged before f~ the Registrar-General, or •* Deputy Regiatrar-Ccnerid^M^ 4 Notary public, a Commissioner for , to whoM'tho Tranaljrarp&j^ known, otherwise the ing witness should appear before on* of the above functionaries who having stioued the witness should fign the ccr back of tide As to Instruments executed elsewhere, soo back of form. Signed at yc\ 'Signed in my presence by the transferor 19 day o SgIvavl WHOje-PE n KT,N TW ..
que sn the ‘Signed catu on furm,
h Rqjeut attestation if necessary.
the Transferor or Tran»icrcc slims bv a mark, the inst state ’ it was read f Accepted, and I hereby certify tins Transfer to he correct for the purposes of the Real Property Act. gns by a attestation uui! tltc instrument over ami explained to him, and Signed in my presence by the transferee that lie appeamd fully to & Jr j understand that the same."
If signed by virtue of any power < on back of form signed by the attorney bef
^ sy/ the original power be rcgistcrccl, and produced with ness.
certifying and not tl liahi each dealing, and the memorandum of non-revocation of attorte ore 4 wS. | N.B. Section 137 requires that the above Certificate be signed by each Transferee or his Solicitor or Conveyancer, and render? any person falsely or negligently to a penalty of /50; also to damages recoverable by parties injured. Acceptance by the Solicitor or Conveyancer (who must sign his own name, hU firm) is permitted only when the signature of the Transferee cannot be obtained without difficulty, and when the instrument does not impose a special covenant by the Transferee or is subject to a maiigagj, encumbrance or lea^c, tho liable tat of 1 tho party taking under it. When the instrument contains some Uty Trimaiwou accept |xusunn!ly.
Tho words rejected should be scored through with the pen, and those subsfHutod at!tton over them, the all.kratloii No alterations should be made by oraanro, being \cnlied by signature or hitiuls in tlu» margin, or noticed in the attestation.
$i 4T7 >V* N 1J0JI Ai.rtt'B l.'ksuy l*rTri««, Oe-tsjxm-A’T PsiXTiut,
4^ 7514 S3
1.
LODGED BY
CONSENT OF MORTGAGEE:'
{N.B. Before execution read marginal note.)
WILLIAM A-STEEL ...SOLICITOR'.... -.TS5.....KLI2AB.i:a’R...ST.SYDRL’Y
mortgagee under Mortgage No. release and discharge the land comprised in the within transfer from such mortgage and all claims thereunder hut without prejudice to my rights and remedies as regards the balance of the lana comprised in such mortgage.
day of this
Dated at Signed in my presence by 19
who is personally known to me.
Mortgagee.
aiKMOKANDUM AS TO NON-REVOCATION OF POWER OF ATTORNEY.
(To be signed at the time of executing the within instrument.)
Memorandum whereby the undersigned states that he has no notice of the revocation of the Power of Attorney registered No. just executed the within transfer)
Signed at Signed in the presence of Miscellaneous Register tinder the authority of which he has
day of the 19
and declared that he personally knew signing the same, and -whose signature thereto he has attested; and that the name purporting to be such signature of the said that own handwriting, and is he was of sound mind and freely and vo’untarily signed the same.
CERTIFICATE OF J.P., &c., TAKING DECLARATION OF ATTESTING WITNESS.* day of the attesting witness to this instrument the person k To be signed by Ueg!stfttr-Cei\cml, Deputy Registrar' General, n Notary Public, J.P., Commafckir.or for Affidavits, or other iunctionaiy before w'hom the attesting witness appears.. Kot required if the instalment itself be signed or acknowledged before one of these parties. , one thousand the Appeared before me at nine hundred and
DOCUMENTS LODGED HEREWITH. To be filled in by person knlg’ng deahng.
Received Docs. I Nos.
tb«
lesklcot without the $Ut*, but in any other part of the Jirillsh Dondnione, Ha Tnrtronient must be signed or arknctilcdged ‘x*fore the Rcg'straf'GeEcral or Reorder of Titles of such Possession, or before any Judge, Notary Pv.bUc, Justice of the Peace for New South Wales, w Com!"ihslor>ci
for
S>uth
corporation of socb part, or Justice of the Pc^oc for such part, or ^ th® Gcvcmor, Ccvcromc--t Resident, or Chief S*iretary of such part or Suth other person as the / Chief Jc**ke of New South Wales tnay appoint^ idtnt to (he Udi'^d the at Chief OTicor of any corperstioa PROGRESS RECORD. </> 8 I-!' «h. < Sent to Survey Bunch
Received from Records
Draft written
Draft examined
Diagram prepared
Diagram examined
Draft forwarded
Supt. of Engrossers
01 the Mayoi or Chief Ofllcct of any flb
Cancellation Clerk If rcr « » Kv1 *ry If rrsWetil »t 40}' foreign nb-"r. ibeo tti« pvrti'es stouW sign or actin;.»:o.?g befnre 4 Brjlisii Mintslor, Amlxissador. Envoy, Mimstot, Charta d’Affa rcs. Secretary of the Embassy or ligation,. Ccgs-j! Gerund, Consol, VieeCoosot, Acling Ccrsal, pig Consol, or Cors.’ar Agt at, who slivuU sr.e his seal of oflice, « the attesting witness may make a dectaratioB of the due esecufioo It ■ r - of br l.n one of susfr persons (who s*.' f;J s^n and athv his seal to such declaration), or such ®t'.ej ptrsoo as the said Chief Justice rosy a;p:int.
The fees are —Upon lod^meot fa)/t. if scer-rnpanlcal by the rek.itnt tillc of evidence ef prediction thereof, (b) Ll SO other 4 arc. This fee inc! idei end arson*.; ot on the first Cerlificala. In addi'ion the lohcnving fees are payatle ; (s) 5/- for each addilicnat Certificate included in the Transfer, (b) (t tc o lot each »c* Certificate of fitfc isssed, fc) j/* where the Transtor toatnins tocnanl purporting to affect the user of any land (d) to/- where tire Transfer itrexprosaed to be nude logtther »ith an fascmeiU 01 expressed to ruscrvt an c..se .,cnt or in any way create, an • rstmeot. (e) 2/e where partial discharge of a to:-'(gage is endorsed on tire Tranter, (I) 3/t lor each sddiiiensl folio where the Certlficafe exceed, ten fefioa, <g) as approved, in cases ia.oiviag •nple disgram or any diagram cl'arr than a simple dio TemaeU In cornroon must receive separate Certificate*. If part only of the land is transferrod a new Cer da Ceilificala »UI U retained io the OtEca. A new Ce if desired
S 110 flUT-W musf !s?tt« for that pArl, And (li« rlificatc may be UU-c ovt for ib< tt-sulve
, v; /V } Signed in my presence by the transferors .y known to J«ie who are perso;
n^yttc- 'iiii'loinJ in 1 (Tru-N nfj't ti.c ■ b ®«
Tyjvbtj or hamlwriihis In Uih inslrumont shouhi nolf cxlroj
Proprietor
of The Entrance of The Entrance (herein called transferois ) an estate in fee simple' in the land hereinafter described.
bcinS registered as the proprietor of subject, however, to such encumbrances, liens and interests as are notified hereunder, in consideration of FOUR.aUNDR^.,ANl^FIPTS. POUNDS / (£450/-/- ) (the receipt whereof is hereby acknowledged) paid to us by in j-ermanu^Q^I a. ¥*/ pk\ iT> £S > -it
b H to t>vo or whether tenants state nants or more, as joint te in common,
GORDON
RUSSELL PAGE of The Entrance Electrician (herein called transferee )
do hereby transfer to the said transferee*
All such our Estate and Interest in All the land mentioned in the schedule following: cc$ earmot
c If aR the referem be conveniently insurtej, a form of annexure (obtainable at L.T.O.) may be adttoi. Any annexure must be signed
’ by the parlies and their t>i^na-
I tores vrotne-jwd.
> d If part only of the land com*
* prised to a Certificate or * Certificates of Title Is to be
* transferred add “and being lot sm d p "or ^ No'-thi-rb^r] rnn
) ’* being the land shown in <m/
9 the plan annexed hereto/' or 5
* ** being the residue of the E
Lot IP. on Deposited Plan 25438 y / v/ Trgr^rrh
■ ^t?redervSf:ite (FoiF*nt}" | And i!ic- transferee covenants \vith the transferor'
l Where the consent of the : i PS por Armexure "A"
* and plan mentioned in the L,G. Act, 191?, shoi
j accompany the transfer. M
0 Strike out if mmecessarv. E
* Covenants should comply jf
* with Section SS of the ^ Conveyaiuing a
* Here also should be set forth ttf
» any right-of-way
1 or exception, I Any provision , or modification of the coveriant i implied by the Act ^ J may also be inserted^ y If the space provided is }) in^ufficicDt a form of anaexurc aJ a of the same rise and quality of K paper as thi* instrument ^ I should be used. ®
^ f A vciy short note will suffice. 0 c *■ or easement £ In addition to S j
&c., REFERRED TO/ t h O ,V z
^ g If executed within the State
« this instrument should be “ signed or acknowledged before “ the RegiM rur'Cem- al, or Deputy Ife^idrar-CeneraJ, ti a Notary 1'uhh :, a J.P. or /J Cummi-irioncr for \ii to whom ti'.e Tran known, otherw'^e witness shonlc before one o? the functionaries qutslioiicd d:sign the cer'.ncaU back of this form. As to Instrument* * - '*! elsewhere, see back o* »orm. Signed £.t ‘Signed in my presence by the transferor are • who jrS piydj the j Transferor* (7
day of iqBS
lavi - }mu -Y KNOWN TO ing be/ uM ‘■Signed
h Repeat aUe&tatioa If necessary.
\ Accepted, and I "hereby certify this Transfer to be correct for the purposes of the Real Property Act. th* Transferor or Trans* h>’ a mark, thu aUe^tation must stare M that the Instrument was read over and explained to Mm, and that he appeared fully to understand the same.
Signed in my presence by the transferee ") ’SONALLY KN'pWN TO ME f WHO JS
H signed by virtvic of any powet of attorney, the original power must be registered, and produced with each deallag. and the memorandum of non-revocation k of form signed by the attorney before a witness, 17 requires that die above CerUficatu be signed by each Transferor or his Solicitor or Conveyancer, and rentiers any per'on falsely or negligently > a penalty of /50; afcp to damages recoverable by parties injurtfl. Acceptance by tlte Solicitor or Conveyancer (who must sign fib own name, w firm) is permitted o»ly when the signature <?f the Transferee cannot be obtained without difficulty, when the instrument docs not im on back t certifying and not t liability on the party taking under it When the instrumciH coiuain^ uomu special covenant by the Transferee or is subject to a mortgage, encumbrance or lease, tlie Transferee must accept j>orauiially.
NR Section 1 liable to hut of h pose a
No alu-rat > v> should be made by erasure, Tlie words rejected should be scored through with the pen, and those substituted written over them, the alteration tdng vcrh'icd by Mgnatu»s or initials in the margin, or noticed in the atlcsUtsoji, i1* «*r w Rio \ S xS f*JL j// y {
i
F 983246
LODGED BY No. CONSENT OF MORTGAGEE.'
(N.B. Before execution read marginal note.)
mortgagee under Mortgage No. release and discharge the land comprised in the within transfer from such mortgage and all claims thereunder but without prejudice to my rights and remedies as regards the balance of the land comprised in such mortgage, ‘
day of
Dated at Signed in my presence by this 19 1
who is personally known to me.
Mortgagee.
MEMORANDUM AS TO KON-REVOCAXiON OF ^OWER OF ATTORNEY.
(To be signed at the time of executing the within instrument.)
Memorandum whereby the undersigned states that he has no notice of the revocation of the Power of Attorney registered No. just executed the within transfer,1
the ! day of T9
Signed at Signed in the presence of Miscellaneous Register under the authority of which he has
CERTIFICATE OF J.P., &c., TAKING DECLARATION OF ATTESTING WITNESS/ Appeared before me at nine hundred and and declared that he personally knew signing the same, and whose signature thereto he has attested ; and that the name purporting to be such signature of the said he was of sound mind and freely and voluntarily signed the same. k To be signed by Registrar-General Deputy Registrar' General, a Notary APublic, J.P., Commis- “ sioner for Affidavit*, or
, one thousand ; the attesting witness to this instrument the person own handwriting, and is that
before whom the attesting witness appears. Kot required U the instrument itself be signed or acknowledged before one of these parties.
\ Received Docs. Mas.
Receiving Clerk.
< Signed b}' jioon. //
s Fecistrar-Gcneral, s PROGRESS RECORD. til Dote, loliuli. o < Sen! to Survey Brandi. Received from Records...'. Draft written Draft examined... Diagram prepared Diagram examined Draft forwarded fi. m ut (0 US X m In addilion tlio following foes are payable: {i)
/ nXECOTION OUTSIDE NEW SOUTH WALES, be resident without the State, but in anv other part of the British Doraim-jnt, Gie in&hnment must be signed or acknowledged before the Registrar-General or Recorder of
Justice of the Peace for sach part, or 9 the Governor, Government Resident, or Chief Secretary of such part or such other person as the Chief Justice of New South Wales may appoint. If rosidimt in tbo United Kingdom lion beforo the Mu/or or Chief Officer nf any
Consul-General, Consul, Vice-Consul, Acting-Consul, Pro-Consul, or Consular A,.»nt# who should affix- his seal of office, or the attesting witness may make declaration of t *e due execution thereof before one of such persons {who should sign and affir his seal to suco Uedaraiion), or such otlw'r person as the said Chief Justice may appoint
22*2*** IMbT ^ar imwr ■?Iffca* Of ftl« «tttl®lllOo/l>erdn c«lcd transferor* t fwe’anl t>e^nR registered as the proprietor of an estate in fte timfilt? in the land hereinafter described, subject, however, to such encumbrances, liens and interests as are notified hereunder, m -c. ecr^deration of Fiv® hondrod a^d/ olght-y fir# potmdo ...... . -• ' ■ —(r 88S*0*.0*<y(thc receipt whereof is herebf acknowledged) paid to ea by ?
> lf '*» t*TO or nKMe.'*t*t» whotber m joint ■ tenants in common, e if jJl the nioreaoMi~«BSiMA' be conv'mienOy tneortod. s form ni urtwxam (oht»jn»M« at J, T.O.J may U a<t tnl. Anr snuexure'niiiat be stffnS '•" , ' by the partlcr* anil their sijna- •.»/r?. toiffl tnrss -vnttiwstti. tenants ; (c)_ VoL iMGcrtytUi* vi L*&i (If potrt onff) - ****»■ vt±m* ’ W f .\ ^Wtoefewltot. Fet.
1 And the transferee ( i ,iet llte-conafent <K th» £. ■; -t ' - v .■ • ’ and i>tan jneoft >»M in
I f
i > cover
< Av«y short ante wifi soffien.
• vj;^V- • l F , ■ 4TS MhtHrtMi wt&ia Wf Mate ' v " . -Sighed fet ' ^^^’.^S^^igned bi't^presefftie 1 ' Tb»
Vooem
K*r“^r
*Z ooeniooed tb« witoeea *ha^S » Av- ^
- g^theoriifiwte on ‘he - ‘Signed
^ A» to iMtrmnentr MSBoteS' efarnrher*. sea bach ol Iona. ^ h » ’i^vrV.
to KetoasTtoMsstUtaK Bececsary. rr::^
*■♦ *< "«< I'WmSSAeta^^^s®.''-
~ > IWre aigro by a mstto, the '-**• »V ••tation moat jeate “tftoS,v uib inatrumeut vas read «v»r ’ and explain'^i to him, and that he appealed (utjjr to uudoretajiil the same.”
• Signed In my presence by the traaafePee " who
eemet '"■ for the purpOM o! the Beal Property Act,
* II signed fay virtue erf any powar ol attenwy, the orlgimd ^uwt moat bo mgteterad, sod produced with oacb dallm^aod tbomamoractlom ol Boa-ravocatioa
eo toacto oi form signed by tha attorney bedore a arttooas. 1 N.n—Ssction h? ttet<to*rta«»Csrt»«W W**** W*®® *«**i»Wh4i SoSdW«• eMWjm»e«r,Md jsodmdaay ytmudiOtOr«rtacKesitty ' bwavtog EaU» to a penalty of £50; aha to damaecs wovomblo by «»nl*riajiirod. Acooptaaoe by the Solicitor or Coaveyaocor {who most sign bis own tamo, and not that of his firm) t* pornmted only when the signature of W10 TranHiiTeo canoof be obta-inod without «li.iioaHy. and want tbo inttruat* tt diQt not impose a liability on tha party lajtfrgt nndrt it Whan tho iastrumrat contains some special covenant by the Trautfrio* «» i» *u!>jix,-t to a mortgage,'oaeombrance or Iraco. th« ; 'i aantirroo nnu* aoospf'pvcaouaily.
5 Ko^toorathns atoanld tow tm&*r The ytaMs‘»$&teS toOM be **»« tfatwgto WA the g#«. endlKde •tttorttwtei the aHsmifea Sh'/TSitoSg ToriliH l,i a-soatore oc initiaU In Utc or noticod in tha attestation. ^ ., ,,., , ^ • Bt*» tt *«4S ;
■ ' (al ftm’ Ibndb t“6 Vhleb th®- teirffit' Of tb® above Covenant Is intended to (
r-y..'. /• bo^ fc$pttr*«n'«nt ab« the r®«idue bf the lands comprised in the said DepoOited flan Vo* 23438* ' , r f'4 t.v,..C,-•-.•
*. ""i < • *bis io the amaetbr® maS^d #A* referred to in the annexed Instrument of : fftaaifOr Albert CharlOs Leslie Ambrose Taylor and Irvin® fendall Taylor to 'lavin Edvard xsryer*- • • .^ 7 ?
»• , fbl: t#‘fe;to th® burden of tb® above Comnast . is th* land ber®br transferred and »'4' fel... ftie abOve Cbtenibt m*y be relesy®d varied or modified with the eousent of all ibe ovneirs of"the reaidbe of tb® lands in the_s*id deposited - ~PfS& *<r+ bS4S¥.r .
InfoTrack Pty Ltd
GPO Box 4029
SYDNEY NSW 2001
SECTION 10.7(2) PLANNING CERTIFICATE
Under Section 10.7 of the Environmental Planning and Assessment Act, 1979
Receipt No:
Receipt Date: 6 March 2024
Property Address: 43-49 Ocean Parade, THE ENTRANCE NSW 2261
Property Description: Lot 1 DP 1091741
Property Owner: 43-49 Ocean Parade Pty Ltd
Certificate No: 72043
Reference No: OCE292-00001:271906
Date of Issue: 12-Mar-2024
The information contained within this certificate relates to the land.
1
ADVICE PROVIDED PURSUANT TO S.10.7(2) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979
NAMES OF RELEVANT PLANNING INSTRUMENTS AND DEVELOPMENT CONTROL PLANS
(1) Environmental Planning Instruments and Development Control Plans that applies to the carrying out of development on the land
Central Coast Local Environmental Plan 2022
Central Coast Development Control Plan 2022
State Environmental Planning Policy (Primary Production) 2021
State Environmental Planning Policy (Transport and Infrastructure) 2021
State Environmental Planning Policy (Biodiversity and Conservation) 2021
State Environmental Planning Policy (Resilience and Hazards) 2021
State Environmental Planning Policy (Industry and Employment) 2021
State Environmental Planning Policy (Resources and Energy) 2021
State Environmental Planning Policy (Planning Systems) 2021
State Environmental Planning Policy (Housing) 2021
State Environmental Planning Policy (Sustainable Buildings) 2022
State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
(2) Proposed Environmental Planning Instruments and Draft Development Control Plans which is or has been subject to community consultation or public exhibition under the Act, that will apply to the carrying out of development on the land
Proposed State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Proposed Standard Instrument (Local Environmental Plans) Order 2006
Proposed State Environmental Planning Policy (Transport and Infrastructure) 2021
Proposed State Environmental Planning Policy (Housing) 2021
Proposed State Environmental Planning Policy (Planning Systems) 2021
2 ZONING AND LAND USE UNDER RELEVANT PLANNING INSTRUMENTS
(a) Identity of the Zone
Lot 1 DP 1091741 R3 Medium Density Residential
(b) For each of the environmental planning instruments referred to in clause 1, please refer to the attached land use table to determine (i), (ii) and (iii) listed below:
(i) development that may be carried out within the zone without the need for development consent,
(ii) development which may not be carried out within the zone except with development consent and
(iii) development which is prohibited within the zone.
(c) Whether additional permitted uses apply to the land
Additional Permitted Uses do not apply to this land.
(d) Whether development standards applying to the land fix minimum land dimensions for the erection of a dwelling-house on the land and, if so, the fixed minimum land dimensions
There are no development standards applying to the land that fix minimum land dimensions for the erection of a dwelling-house on the land. However there are minimum lot sizes applying to the subdivision of land, and in some zones the entitlement to erect a dwelling-house, or carry out other types of residential development, is linked to that minimum lot size.
(e) Whether the land is in an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016
No
(f) Whether the land is in a conservation area, however described
No
(g) Whether an item of environmental heritage, however described, is located on the land
None
3 CONTRIBUTION PLANS
The subject land is within Central Coast to which the Environmental Planning and Assessment (Housing and Productivity Contribution) Order 2023 applies.
This land is subject to the Central Coast Section 7.12 Local Infrastructure Contribution Plan 2023
The land is subject to The Entrance District Development Contributions Plan.
4 COMPLYING DEVELOPMENT
Whether or not the land is land on which complying development may be carried out under each of the complying development codes under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, because of that Policy, clause 1.17A(1)(c)–(e), (2), (3) or (4), 1.18(1)(c3) and 1.19.
HOUSING CODE
Complying Development under the Housing Code may be carried out on the land. This information needs to be read in conjunction with the whole of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
RURAL HOUSING CODE
Complying development under the Rural Housing Code may be carried out on the land. This information needs to be read in conjunction with the whole of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
LOW RISE HOUSING DIVERSITY CODE
Complying Development under the Low Rise Housing Diversity Code may be carried out on the land. This information needs to be read in conjunction with the whole of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
GREENFIELD HOUSING CODE
Greenfield Housing Code is not applicable to this land.
HOUSING ALTERATIONS CODE
Complying development under the Housing Alterations Code may be carried out on the land. This information needs to be read in conjunction with the whole of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
GENERAL DEVELOPMENT CODE
Complying development under the General Development Code may be carried out on the land. This information needs to be read in conjunction with the whole of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
INDUSTRIAL AND BUSINESS ALTERATIONS CODE
Complying development under the Industrial and Business Alterations Code may be carried
out on the land. This information needs to be read in conjunction with the whole of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
INDUSTRIAL AND BUSINESS BUILDINGS CODE
Complying development under the Industrial and Business Buildings Code may be carried out on the land. This information needs to be read in conjunction with the whole of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
CONTAINER RECYCLING FACILITIES CODE
Complying Development under the Container Recycling Facilities Code may be carried out on the land. This information needs to be read in conjunction with the whole of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
SUBDIVISIONS CODE
Complying development under the Subdivisions Code may be carried out on the land. This information needs to be read in conjunction with the whole of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
DEMOLITION CODE
Complying development under the Demolition code may be carried out on the land. This information needs to be read in conjunction with the whole of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
FIRE SAFETY CODE
Complying development under the Fire Safety Code may be carried out on the land. This information needs to be read in conjunction with the whole of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
AGRITOURISM AND FARM STAY ACCOMMODATION CODE
Complying development under the Agricultural and Farm Stay Accommodation Code may be carried out on the land. This information needs to be read in conjunction with the whole of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
5 EXEMPT DEVELOPMENT
Whether or not the land is land on which exempt development may be carried out under each of the exempt development codes under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 because of that Policy, clause 1.16(1) (b1)–(d) or 1.16A.
GENERAL EXEMPT DEVELOPMENT CODE
Exempt development under the General Exempt Development Code applies to this land. This information needs to be read in conjunction with the whole of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
ADVERTISING AND SIGNAGE EXEMPT DEVELOPMENT CODE
Exempt development under the Advertising and Signage Exempt Development Code applies to this land. This information needs to be read in conjunction with the whole of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
TEMPORARY USES AND STRUCTURES EXEMPT DEVELOPMENT CODE
Exempt development under the Temporary Uses and Structures Exempt Development Code applies to this land. This information needs to be read in conjunction with the whole of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
6 AFFECTED BUILDING NOTICES AND BUILDING PRODUCT RECTIFICATION ORDERS (BUILDING PRODUCT SAFETY ACT 2017)
1(a) Is there any affected building notice of which the council is aware that is in force in respect of the land? No
1(b) Is there any building product rectification order of which the council is aware that is in force in respect of the land and has not been fully complied with?
1(c) Is there any notice of intention to make a building product rectification order of which the council is aware has been given in respect of the land and is outstanding? No
In this section
affected building notice has the same meaning as in the Building Products (Safety) Act 2017, Part 4.
building product rectification order has the same meaning as in the Building Products (Safety) Act 2017
7 LAND RESERVED FOR ACQUISITION
Whether an environmental planning instrument or proposed environmental planning instrument referred to in section 1 makes provision in relation to the acquisition of the land by an authority of the State, as referred to in the Act, section 3.15.
8 ROAD WIDENING AND ROAD ALIGNMENT
(a) DIVISION 2 OF PART 3 OF THE ROADS ACT 1993
The land is not affected by road realignment or road widening under the above.
(b) ENVIRONMENTAL
PLANNING INSTRUMENT
The land is not affected by road realignment or road widening under the above.
(c)
COUNCIL RESOLUTIONS
The land is not affected by road realignment or road widening under the above.
9 FLOOD RELATED DEVELOPMENT CONTROLS
(1) The land or part of the land is within the flood planning area and is subject to flood related development controls.
(2) The land or part of the land is between the flood planning area and the probable maximum flood and is subject to flood related development controls.
(3) In this section flood planning area has the same meaning as in the Floodplain Development Manual.
Floodplain Development Manual means the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005. probable maximum flood has the same meaning as in the Floodplain Development Manual.
10 COUNCIL AND OTHER PUBLIC AUTHORITY POLICIES ON HAZARD RISK RESTRICTIONS
This land is affected by a policy adopted by the council or other public authority that restricts the development of the land because of the likelihood of risk restrictions. This land is affected because:
The land is classed as being Acid Sulfate Soil Class 5
In this section
adopted policy means a policy adopted
(a) by the council, or (b) by another public authority, if the public authority has notified the council that the policy will be included in a planning certificate issued by the council.
11 BUSH FIRE PRONE LAND
The information currently available to Council indicates that this land is not bush fire prone land (as defined in the Act).
12 LOOSE-FILL ASBESTOS INSULATION
This land does not include any residential premises (within the meaning of the Home Building Act 1989, Part 8, Division 1A) that are listed on the register that is required to be maintained under that Division. That register lists residential premises that contain or have contained loose-fill asbestos insulation.
13 MINE SUBSIDENCE
The land IS NOT WITHIN a Mine Subsidence District declared under section 20 of the Coal Mine Subsidence Compensation Act 2017
14 PAPER SUBDIVISION INFORMATION
(1) The name of any development plan adopted by a relevant authority that: (a) applies to this land or (b) that is proposed to be subject to a consent ballot.
Nil
(2) The date of any subdivision order that applies to this land. Not applicable
Words and expressions used in this section have the same meaning as in this Regulation, Part 10 and the Act, Schedule 7.
15 PROPERTY VEGETATION PLANS
Council has not been notified by Local Land Services – Greater Sydney that the land is subject to a property vegetation plan approved under Part 4 of the Native Vegetation Act 2003.
16 BIODIVERSITY STEWARDSHIP SITES
Council has not been notified by the Director-General of the Department of Planning and Environment that the land is a biodiversity stewardship site under a biodiversity stewardship agreement under Part 5 of the Biodiversity Conservation Act, 2016
Note: Biodiversity stewardship agreements include biobanking agreements under the Threatened Species Conservation Act 1995, Part 7A that are taken to be biodiversity
stewardship agreements under the Biodiversity Conservation Act 2016, Part 5.
17 BIODIVERSITY CERTIFIED LAND
The land is not biodiversity certified land within the meaning of Part 8 of the Biodiversity Conservation Act, 2016.
Note: Biodiversity certified land includes land certified under the Threatened Species Conservation Act 1995, Part 7AA that is taken to be certified under the Biodiversity Conservation Act 2016, Part 8.
18 ORDERS UNDER TREES (DISPUTES BETWEEN NEIGHBOURS) ACT 2006
Council has not been notified of an Order issued under the Trees (Disputes between Neighbours) Act 2006.
NOTE: This advice is based on information provided by the Land and Environment Court.
19 ANNUAL CHARGES UNDER LOCAL GOVERNMENT ACT 1993 FOR COASTAL PROTECTION SERVICES THAT RELATE TO EXISTING COASTAL PROTECTION WORKS
The owner (or any previous owner) of the land has not consented in writing to the land being subject to annual charges under section 496B of the Local Government Act 1993 for coastal protection services that relate to existing coastal protection works.
In this section
existing coastal protection works has the same meaning as in the Local Government Act 1993, section 553B.
Note—
Existing coastal protection works are works to reduce the impact of coastal hazards on land, such as seawalls, revetments, groynes and beach nourishment, that existed before 1 January 2011.
20 WESTERN SYDNEY AEROTROPOLIS
Not applicable to Central Coast Local Government Area
21 DEVELOPMENT CONSENT CONDITIONS FOR SENIORS HOUSING
Council is not aware of there being a valid Site Compatibility Certificate issued by the Director-General of the Department of Planning and Environment in respect of the land.
NOTE: This advice is based on information provided by the NSW Department of Planning and Environment.
22 SITE COMPATIBILITY CERTIFICATES AND DEVELOPMENT CONSENT CONDITIONS FOR AFFORDABLE RENTAL HOUSING
Council is not aware of there being a valid Site Compatibility Certificate issued by the Director-General of the Department of Planning and Environment in respect of the land.
NOTE: This advice is based on information provided by the NSW Department of Planning and Environment.
NOTE
CONTAMINATED LAND MANAGEMENT ACT 1997
The following matters are prescribed by section 59 (2) of the Contaminated Land Management Act 1997 as additional matters to be specified in a planning certificate:
(a) The land to which the certificate relates is significantly contaminated land within the meaning of that Act - if the land (or part of the land) is significantly contaminated land at the date when the certificate is issued,
No
(b) The land to which the certificate relates is subject to a management order within the meaning of that Act - if it is subject to such an order at the date when the certificate is issued,
No
(c) The land to which the certificate relates is the subject of an approved voluntary management proposal within the meaning of that Act - if it is the subject of such an approved proposal at the date when the certificate is issued,
No
(d) The land to which the certificate relates is subject to an ongoing maintenance order within the meaning of that Act - if it is subject to such an order at the date when the certificate is issued,
No
(e) The land to which the certificate relates is the subject of a site audit statement within the meaning of that Act - if a copy of such a statement has been provided at any time to the local authority issuing the certificate.
No
For any enquiries regarding this Certificate, please contact Council’s Customer Contact Centre on 02 4306 7900.
Kirsty Miller Signed on Behalf of Central Coast Council
LAND USE TABLE
1 Objectives of zone
• To provide for the housing needs of the community within a medium density residential environment.
• To provide a variety of housing types within a medium density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To maintain and enhance the residential amenity of the surrounding area.
• To encourage the consolidation of existing lots to facilitate well designed medium density development and to avoid unnecessary isolation of lots.
2 Permitted without consent
Home occupations
3 Permitted with consent
Attached dwellings; Boarding houses; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Car parks; Caravan parks; Centrebased child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Group homes; Home-based child care; Home businesses; Hostels; Information and education facilities; Jetties; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential flat buildings; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Sewage reticulation systems; Shop top housing; Take away food and drink premises; Tank-based aquaculture; Tourist and visitor accommodation; Water recycling facilities; Water reticulation systems; Water storage facilities; Wharf or boating facilities
4 Prohibited
Farm stay accommodation; Any other development not specified in item 2 or 3
InfoTrack Pty Ltd
GPO Box 4029
SYDNEY NSW 2001
Dear Sir/Madam
Property: Lot 1 DP 1091741 43-49 Ocean Parade, THE ENTRANCE NSW 2261
Your Reference: OCE292-00001:179852
Reference is made to your request for a Sewer Mains Diagram.
In this regard please now find attached a copy of the relevant information showing the sewer main/s location in relation to the property.
If you have any further enquiries regarding this diagram, please contact Customer Contact on 1300 463 954.
Yours faithfully
Tim Ennis Signed on Behalf of Council
Attach
27 March 2024
InfoTrack Pty Ltd
GPO Box 4029
SYDNEY NSW 2001
Dear Sir/Madam
43-49 Ocean Parade, THE ENTRANCE NSW 2261 Lot 1 DP 1091741
Reference is made to your request for a Sewer Connection Plan for the above mentioned allotment.
Please be advised that Council staff have carried out a thorough search of its records and is unable to locate a sewer connection plan.
If you have any further enquiries regarding this matter, please contact Customer Contact on 02 4306 7900.
