Coutts Lawyers & Conveyancers is a powerful female-founded law firm with a core value system that puts people first. Our reputation as the legal business of choice in New South Wales is recognised by our many awards.
The team at Coutts have the expertise and experience to stand behind you and give you legal advice in a language you understand... without the legal jargon.
Coutts welcomes the opportunity to help you start a business, purchase a business, or sell a business in Australia.
Coutts Commercial and Business team takes pride in providing comprehensive legal services to businesses of all sizes.
At Coutts, our legal team offer the best service in a time where you feel at odds with the law.
Coutts provide expert legal advice in all employment related matters for both employers and employees including, but not limited to the following key areas.
Coutts provide legal advice in all areas of family law including; property settlements, divorce settlements, all types of parenting matters and the drafting of binding financial agreements and binding child support agreements.
At Coutts, we understand the devastating impact personal injuries can have, not only in a physical capacity, but also your emotional, mental and financial well-being also.
The important role conveyancers plays when people are buying and selling of property.
Have you been called as a witness by the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability? If so, you may be eligible to receive government funded legal representation.
A will is a legal document that specifies how you wish your assets and liabilities to be distributed following your death.
Conveyancer-in-charge: Christine Bassett
In March 2022, our client entered into a Contract for Sale to purchase a vacant parcel of land. As the transaction progressed, we received an updated plan and Section 88B instrument from the vendor’s solicitors. It became immediately apparent that new restrictions had been added—restrictions that were not included in the original draft plans annexed to the contract.
These changes raised serious concerns. They had a direct and material impact on our client’s intended use of the property, specifically their plan to construct a dual occupancy dwelling. We promptly issued a rescission notice, arguing that the changes materially prejudiced our client’s use and enjoyment of the property.
The vendor initially rejected our rescission, claiming the amendments were not material. However, we stood firm. Relying on Section 66ZN of the Conveyancing Act, we argued that any changes to material particulars—whether existing at the time of signing or arising thereafter—must be disclosed in the approved form. The failure to do so breached the vendor’s disclosure obligations.
We further demonstrated that the newly imposed restrictions would prevent our client from developing the lot as originally intended. This significantly undermined the value of the purchase and would result in a substantial financial loss, including the loss of potential dual rental income.
Despite initial resistance, we persisted and clearly articulated how the vendor’s actions had not only breached their statutory obligations but also that these changes compromised our client’s expected investment outcome. Ultimately, our arguments prevailed.
Outcome: Our client successfully rescinded the contract and was refunded their entire deposit of $31,500, along with $9,500 in previously paid stamp duty—a total recovery of $41,000.
This outcome is a testament to our team’s diligence, legal precision, and unwavering commitment to protecting our clients’ rights in property transactions.