Binding Financial Agreements

By |2018-09-30T19:46:36+00:00September 30th, 2018|FAMILY LAW, PROPERTY LAW|

Binding Financial Agreements, or BFAs as they are known in Australia, are less common, less certain than the American 'pre-nups' you likely know from movies. Since the recent 2017 High Court decision in Thorne v Kennedy questions have arisen as to their certainty if challenged in Court. In that case the appellant wife travelled to Australia to marry the wealthy respondent in a marriage initiated [...]

Changes for property transactions

By |2018-09-30T19:35:14+00:00September 30th, 2018|PROPERTY LAW|

If you are selling residential property and propose to enter into a Contract on or after 1 July 2018, there are two important questions which must be addressed: Are you registered or required to be registered for GST? Are you selling a new residential property or a substantially renovated property? If the answers to above questions are “yes”, then on settlement, the purchaser must deduct a GST [...]

Another Withholding Regime to Impact the Conveyancing Process

By |2018-09-30T19:25:49+00:00September 30th, 2018|PROPERTY LAW|

From 1 July 2018, purchasers of new residential premises may need to remit part of the purchase price directly to the ATO.  If there is more than one purchaser, and those purchasers are not joint tenants, then each purchaser is required to remit their respective proportion of the withholding amount. In an effort to ensure that all vendors pay GST when they sell new residential [...]

Discretionary trusts – land tax surcharge and duty surcharge

By |2018-09-30T13:50:44+00:00September 30th, 2018|PROPERTY LAW|

Last year, the NSW Government introduced land tax and duty surcharges which can significantly impact the tax benefits of many discretionary trusts which own or are in the process of purchasing land in NSW. The legislation increases the duty and land tax surcharge by 4% and 1.25%, respectively. What this could mean for you Your discretionary trust will be subject to the surcharges if the [...]

Commercial Property Leasing in NSW

By |2018-09-30T12:53:57+00:00September 30th, 2018|COMMERCIAL LAW, PROPERTY LAW|

Overview A commercial property lease is a rental agreement between a landlord (“Lessor”) and tenant ("Lessee”) to use a warehouse, factory, office or a similar facility. Before entering into a commercial property lease (“the Lease”), proper due diligence should be conducted to analyse the terms and conditions of the Lease and to understand the rights and obligations assigned of the parties. Since a commercial property [...]

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