The Victorian State Revenue Office (SRO) started issuing land tax assessment notices for 2024 earlier this month for all taxable land held as at midnight on 31 December 2023. With the raft of land tax changes introduced at the end of 2023 and taking effect from 1 January 2024, we are receiving a number of...
In the closing months of 2023, the Victorian Government pushed through amendments to the Sale of Land Act 1962 (the Act), inserting inter alia section 10G into the Act which applies to all contracts of sale with a purchase price of less than $10m. Section 10G(1) of the Act prohibits a vendor (and negates any...
Some of us have heard the phrase “squatters’ rights” or heard stories of people taking possession of properties they are not the legal owner of. Given this, it is worth considering how ownership of abandoned property in NSW is recognised, using these elusive “squatters’ rights”, and what criteria must be met to satisfy such a...
Very often we have clients who want to transfer their real property to their partners, children or siblings. Whilst these transfers may frequently be deemed gifts (i.e. no consideration or money) is being exchanged, these transfers may be dutiable transactions. As a general rule, in a property transfer, stamp duty is payable on: The market...
If you are thinking of transferring property to a family member, you might want to keep the following in mind. The process for transferring property to a family member; Whether transfer duty is payable on the transfer; and whether Capital Gains Tax (CGT) is appliable. The process of transferring property to family members. There are...
A recent test case, RFY v ACV (Residential Tenancies) [2021], gives rise to the first interpretation of the various statutes governing the eviction of residential tenants throughout the COVID-19 pandemic. The Residential Tenancies Act 1997 (RT Act) has been amended significantly throughout the COVID-19 pandemic. Specifically, as will be discussed in-depth throughout this article, Regulation...
A caveat is a legal document which, when registered on title, prevents the registration of any dealing affecting the interest claimed in the caveat by the Caveator until the caveat is withdrawn, removed, lapsed or is cancelled. The purpose of a caveat sometimes can provide time for the parties to apply to a court to...
What is due diligence? Due diligence is an investigation which is conducted by a third party on behalf of a buyer who is interested either entering into a business transaction or purchasing a business or property. These searches and investigations will provide the buyer with certain information to allow them to assess the advantages and...
Settlement offers are common at all stages of a dispute. “Without prejudice” offers are often made when proceedings are anticipated (but not yet commenced), and formal offers under the Uniform Civil Procedure Rules 1999 (Qld) (the UCPR) can be made at any point when proceedings are on foot (including during the course of a trial). But what is...
It is common these days for there to be a charging clause in a credit or finance agreement / guarantee. A credit provider or financier will rely on the charging clause to lodge a caveat over land owned by the debtor / guarantor when a debtor is in default. Once a caveat is lodged, what’s...
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