Same sex marriage, it’s the issue that simply won’t go away. Now that the High Court has ruled, allowing the postal ‘vote’ to go ahead, we’re inching that much closer to closure. One way or another. Though we haven’t yet reviewed the High Court’s decision (coincidentally, its site is down for maintenance), the Court’s decision […]
Same Sex Marriage, Revisited Read More »
In November 2016 the protections under the unfair term provisions of the Australian Consumer Law, previously only available to consumers, were extended to apply to small businesses. In a decision handed down on 9 August 2017, Deputy President I. Lulham of the Victorian Civil and Administrative Tribunal (VCAT) held that the contract term in question
Unfair Contract Terms – A recent VCAT case Read More »
In the recent decision by His Honour Justice Garde in Pulitano Pastoral Pty Ltd v Mansfield Shire Council [2017] VSC 421 (27 July 2017) (Pulitano) His Honour held that the Council’s deregistration decision, insofar as it affected Fridays Lane in Bonnie Doone, and its subsequent discontinuance decision were invalid and of no effect, and should
STAMP DUTY Spouse/Domestic partner Transfers of Real Estate From 1 July 2017, the stamp duty exemption for transfers between spouses/domestic partners will no longer apply to transfers of investment or commercial properties between spouses/domestic partners. The exemption will still apply for the transfer between spouses/domestic partners of a principal place of residence. The exemption will
Stamp Duty & Land Tax Changes – 1 July 2017 Read More »
On 9 May 2017 the Federal Government announced proposed changes to the foreign resident capital gains withholding payments (FRCGW) threshold and withholding rate. These changes will apply to contracts entered into on or after 1 July 2017: for real property disposals where the contract price is $750,000 and above (previously $2 million) the FRCGW withholding tax rate will be 12.5% (previously
Changes to Foreign Resident Capital Gains Withholding Payments Read More »
A restrictive covenant is an agreement restricting the way the covenantor can use his or her land. Restrictive covenants are usually used as a way to regulate land use and their purpose is aimed at preserving the value, character and amenity of the land. Examples of restrictive covenants include: limiting the number of dwellings, limiting
Restrictive Covenant – Removal or Modification Read More »
In the case of Bail v Scott-Mackenzie [2016] VSC 563 Associate Justice Derham confirmed that a “stepchild” is eligible to challenge a Will under the 2015 amendments to the Administration and Probate Act 1958 (“the Act”) where that stepchild is a child of a deceased’s former domestic partner. His Honour also confirmed that a child
Stepchild – Will Challenges Read More »
Although not necessary, you can include a clause in your Will expressing your wish to donate your organs, but to ensure that your wish can be ascertained by authorised medical staff at the time of your death you should record your donation decision on the National Organ Donor Register (AODR). You should also discuss your
The Gift of Life – Organ Donation Read More »
A failure to register your security interests on the Personal Property Securities Register (PPSR) could prove to be a costly mistake. What is the PPSR? The Personal Property Securities Act 2009 (Cth) (PPSA) introduced a single national personal properties security register (PPSR) in 2012 for all debtors, all security interests, all types of personal property.
PPSR – Personal Property Securities Register Read More »
Should you have a Shareholder or Partnership Agreement? The answer is probably yes. A partnership is an association of persons carrying on a business in common with a view of profit. A shareholder is a person who owns shares in a company, and a unit holder is a person holding units in a unit trust.
Partnership, Shareholder & Unitholder Agreements Read More »
