While caveats provide an affordable and effective option to parties to prevent registered landowners from engaging in unauthorised dealings inconsistent with a caveator’s right and interest in land, there are various risks of which parties and solicitors ought to be aware.
Latest Insight Articles & News
If you are relying on the proceeds from the sale of your property to purchase another (a conditional sale), then you may require a simultaneous settlement. This is a common situation where you arrange for the settlement of your current property and the settlement of your new property to happen at the same time.
Land Tax and Windfall Gains Tax - What do the changes to the Sale of Land Act mean?
Property Law: 20 October 2023
Author: Rob Bradley
The State Taxation Acts and Other Acts Amendment Bill 2023 (“Bill”), introduced into the Parliament of Victoria on 3 October 2023, proposes several amendments to Victoria’s taxation laws.
Condition of property on settlement
Property Law: 19 October 2023
Once your property is sold, you and the purchaser will need to agree on a settlement date. During this period, the vendor is still the registered proprietor of the property and, subject to any contractual arrangements to the contrary, is responsible for keeping the property maintained.
What are encumbrances and how can they affect my sale?
Property Law: 17 October 2023
Author: Julie Maxfield, Tim Graham
An encumbrance is an interest in a piece of land by someone other than the registered owner (a.k.a proprietor). Encumbrances place limitations on a property and may affect how a property can be used and developed. Examples of encumbrances include mortgages, Easements, covenants, section 173 agreements and caveats.
Parental leave changes - why it’s time for employers to review their policies
Employment Law: 12 October 2023
Author: Bianca Mazzarella
The need for greater work-life balance for families has recently been recognised by Parliament which has resulted in changes to the way parental leave applies to the majority employees.
What is a Vendor Statement?
Property Law: 12 October 2023
The Vendor Statement (also referred to as a Section 32) is a legal document separate from the Contract however generally given to the purchaser at the same time.
No annual estimate received? No Outgoings Payable under Retail Leases
Property Law: 11 October 2023
Author: Rob Bradley
Landlords under retail leases who do not give their tenant an annual estimate of outgoings cannot recover outgoings from that tenant.
What is the Contract of Sale?
Property Law: 10 October 2023
The Contract of Sale is a legally binding agreement between the Vendor and Purchaser. The Contract of Sale includes the usual details of the particulars of the transaction including whether the property is sold with ‘vacant possession’ or ‘subject to a lease’ and the inclusions or exclusions such as fixtures and fittings, carpets, lights etc.
What are the first steps of selling my property?
Property Law: 05 October 2023
Once you have decided to sell your property, the first consideration will be: how much is it worth? Getting your own valuations/appraisals is important in deciding if selling is viable, if it is the right time, and if you can afford to purchase your next property. Once you know that selling is right for you there are two people you will need to get involved. A real estate agent and a lawyer.
Aged Care Shake-Up - employment changes coming your way
Employment Law: 27 September 2023
Author: Bianca Mazzarella
“Fatigue” and “resignation” are words that became infamous to the aged care sector during the COVID-19 pandemic.
Understanding Payment in Lieu of Notice: What You Need to Know
Employment Law: 26 September 2023
Author: Bianca Mazzarella
The National Employment Standards (NES) under the Fair Work Act 2009 (Cth) (FW Act) mandate the minimum notice period an employer must provide to terminate an employee's contract. However, the concept of "payment in lieu of notice" is often misunderstood. This article aims to provide an overview of what payment in lieu of notice entails, its legal implications, and common misconceptions in practice.
Are Family Law property settlements fair or am I going to lose it all?
Family Law: 18 September 2023
Author: Dylan Burch
The amount of first conferences lawyers have where they are told, “I only want a fair property settlement”. Well, what does a fair outcome mean? From the outset, your lawyer is not going to (well really shouldn’t) give you a definitive outcome.
Can the executor of an estate be removed?
Wills and Estates: 06 September 2023
When and why might the Court remove the executor of a deceased estate? When does an executor’s ill health warrant their removal? Moore J considers these matters in the recent decision of Jedrzejewska v Sheedy [2023] VSC 511 (30 August 2023).
Untying the Knot: A Step-by-Step Guide on How to Get a Divorce
Family Law: 31 August 2023
Author: Jessica Russo
According to statistics generated from the AIFS, the median age of Australians who divorce has risen, with the average female being 43 years old and the average man being almost 46 years old.
What happens to your HECS debt when you separate?
Family Law: 28 August 2023
HECS/HELP debts have become topical recently with high inflation causing HECS/HELP debts to rise by 7.1% in June 2023. With rising levels of debt together with more and more people pursuing tertiary education, we are starting to see people ask us whether HECS/HELP debts are considered in a family law property settlement.
Important Things to Know about Binding Financial Agreements
Family Law: 10 August 2023
A Binding Financial Agreement, colloquially known as a ‘pre-nup’ or ‘post-nup’ is an agreement which formalises how a couple’s assets, liabilities, and superannuation will be divided in the event of a marriage or relationship breakdown. Once parties enter into a Binding Financial Agreement, they essentially give up their rights under the Family Law Act for the Federal Circuit and Family Court of Australia to determine their property settlement.
Insolvency Law Update: Ousted from Office - A Recent Case Study of Gadsden v MacKinnon (Liquidator), in the matter of Allibi Pty Ltd (in liq) [2023] FCA 647.
Insolvency: 10 August 2023
Author: Alex Nicol
On 15 June 2023, the Federal Court of Australia handed down a decision concerning an application pursuant to ss 90-10, 90-15 and 90-20 of the Insolvency Practice Schedule (Corporations) to replace the liquidators of Allibi Pty Ltd ACN 124 066 717 (in liq) (Company) by reason of a demand the liquidators made, which the Court held did not have a proper basis.
Unfair Contract Term or Bad Deal?
Business Law: 20 July 2023
With the amendments to the unfair contract term regime set to apply from 9 November 2023, it is a prudent time for a refresher on unfair contract terms. If you want more information on these changes, see our ‘Expansion to Unfair Contract Terms Regime’ article.
Upcoming Changes to the Unfair Contract Terms Regime
Business Law: 20 July 2023
On 9 November 2022 the Federal Government passed the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022 (UCT Bill) which will substantially change the unfair contract terms regime in the Australian Consumer Law sphere.
| Next | - | Previous |
Design by: Cabria Design. Site by: Flux Creative