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Bede Haines

Expertise

Bede’s expertise involves commercial litigation, disputes, advisory work, and deploying strategies in resolving issues. He focuses on property rights, complex contractual and commercial matters, land disputes, equity and insolvency. His court experience extends across jurisdictions. Bede’s approach is responsive, commercial, and he’s interested in his clients, their businesses and industries.

Experience

His experience includes:

  • representation of governmental and institutional clients including for property and contractual disputes in the Supreme Court, Land and Environment Court, and Court of Appeal. Some recent examples are litigation over a long-term land interests in a regional airport, and litigation between a property trust’s trustees, and litigating a significant trespass to public land
  • Supreme Court litigation including over commercial matters such as termination rights under significant commercial contracts and seeking specific performance
  • advising and representing land holders in put and call option disputes, and other agreements concerning land
  • advising on, and litigating, land tax disputes, land valuation disputes and compulsory acquisitions. For example, contesting whether land is exempt from land tax, appropriate valuation methodology, and statutory interpretation
  • litigating and resolving easement disputes, caveat disputes and leasing disputes. Examples include over rights of way between commercial properties, and the abandonment or modification of easements to accommodate development
  • acting for receivers and managers in Supreme Court litigation relating to realising assets, including competing interests in proceeds from selling real property
  • advising on land titling and land boundary issues
  • advising owners corporations and strata managers. This includes appointing compulsory managers to a large owners corporation, and the appointment being upheld on appeal
  • advising corporate trustees of unit trusts, including in relation to the exercise of contractual rights and trust powers.

Publications

03 August 2022 - Knowledge

NSW Government Bulletin

#Government, #Property, Planning & Development

Public authorities and private rights – when can a public authority fetter its discretion?

29 July 2022 - Knowledge

Compulsory strata management and strata scheme dysfunction – recent trends

#Property, Planning & Development, #Dispute Resolution & Litigation

Strata compulsory management can assist strata lot owners in dysfunctional strata schemes. In this article, we consider some recent developments.

14 July 2022 - Knowledge

NSW COVID-19 leasing laws ended but past tenant protections continue

#Property, Planning & Development

NSW COVID-19 leasing laws are repealed. What does this mean for landlords and what protections are still in place for tenants?

14 March 2022 - Knowledge

NSW COVID-19 leasing laws changes again

#Property, Planning & Development, #COVID-19

Further changes to the Retail and Other Commercial Leases (COVID-19) Regulation 2022 have been made today to redefine an impacted lessee and extend the protections for affected tenants until 30 June 2022.

17 January 2022 - Knowledge

Strengthening contracts for future lockdowns

#Property, Planning & Development, #COVID-19

Learning lessons from lockdowns and equipping new contracts for future lockdowns.

14 January 2022 - Knowledge

2022’s new NSW COVID-19 leasing laws

#Property, Planning & Development, #COVID-19

The COVID-19 leasing moratorium has been extended to 13 March 2022. We explain the new laws and highlight key considerations for landlords and tenants.

07 December 2021 - Knowledge

More COVID-19 retail and commercial leasing changes

#Property, Planning & Development, #COVID-19

Even though NSW’s COVID-19 leasing laws end on 14 January 2022, changes are still being made. How will these changes impact landlords and their tenants?

10 November 2021 - Knowledge

NSW Government Bulletin

#Government

We review a case where a government authority made a mistake that adversely affected an individual, and explore why a court’s ability to assist the individual was limited.

20 October 2021 - Knowledge

Counterintuitive delight – breaking and entering into your own house

#Property, Planning & Development

We explore an unusual situation where a person, including a landowner with a legal right to enter their own land, can commit an offence for breaking and entering into a home or building they own or rent.

06 October 2021 - Knowledge

Off-the-plan contracts: A tale of two stories

#Property, Planning & Development

When off-the-plan contracts go wrong, what can you do, and cannot do?

27 September 2021 - Knowledge

More changes to NSW’s COVID-19 retail and commercial leasing laws

#Property, Planning & Development, #COVID-19

The NSW Government has made some small but important changes to the State’s COVID-19 leasing laws, including the reclassification of tenants as an impacted lessee and lease renegotiation for those who are no longer impacted.

16 August 2021 - Knowledge

COVID-19 leasing law changes in NSW

#Property, Planning & Development, #COVID-19

The NSW Government has recently updated its COVID-19 leasing laws. The new regulation, a reintroduction of the 2020 laws, includes renegotiations between landlords and tenants, reference to the National Code of Conduct and rent reductions.

19 July 2021 - Knowledge

Do COVID-19 lockdowns frustrate leases?

#Property, Planning & Development, #COVID-19

Expanded COVID-19 restrictions on trading may have you wondering if your lease is frustrated. This is not likely and we explain why.

15 July 2021 - Knowledge

New COVID-19 leasing laws affecting NSW retail and commercial tenancies during lockdown

#Property, Planning & Development, #COVID-19

On 14 July 2021, the NSW Government’s new Retail and Other Commercial Leases (COVID-19) Regulation 2021 took effect. It’s different from the 2020 leasing laws, and we consider what it means for landlords and tenants.

21 December 2020 - Knowledge

Another round of COVID-19 retail leasing and commercial leasing laws

#Property, Planning & Development, #Dispute Resolution & Litigation, #COVID-19

NSW’s COVID-19 leasing laws are again being extended. Uncannily, this coincides with increases in community COVID-19 and state borders closing.

14 December 2020 - Knowledge

Trespass and implied licences: The High Court considers entry to land

#Dispute Resolution & Litigation

When do you have an implied right to enter land, and when might an entry become a trespass? A recent High Court decision offers clarification on both scenarios.