News and Updates
Home Made Wills — What Can Go Wrong?
Making your own will seems straightforward. You can buy a will kit from the newsagent, download a template online, or simply handwrite your wishes on a piece of paper. It costs very little and feels like the job is done. Unfortunately, homemade wills are one of the most common sources
Entering Aged Care — What the New Rules Mean for You and Your Family
The Aged Care Act 2024 (Cth) commenced on 1 November 2025 and introduced the most significant changes to Australia’s aged care system in over 30 years. If you or a family member are considering entering residential aged care — or are already in care — this post explains what has
When a Purchaser Doesn’t Complete — What Can a Vendor Do?
You’ve sold your property. Contracts are signed, the settlement date arrives, and the purchaser doesn’t complete. What are your rights? The Default Process Under the standard general conditions of the Contract of Sale of Land, if a purchaser fails to settle on the due date the vendor can issue
New AML/CTF Laws
New Laws Mean We Will Be Asking You More Questions From 1 July 2026, new federal laws will change how Armour-Craig Legal onboards and works with clients. We want to explain what is happening and why, so there are no surprises when you instruct us. What Are These New Laws?
Are Testamentary Trusts Dead After the Federal Budget? No — But Here’s What may be Changing
The Federal Budget 2026-2027 announced that the Government intends to introduce a 30% minimum tax on discretionary trusts from 1 July 2028. There has been a lot of media commentary about this and understandably, if you have a testamentary trust in your will — or have been considering one
VICTORIAN PROBATE OFFICE FEE CHANGES
Changes to Probate Office fees will commence on 18 November 2024. COMPARISON CHART OF OLD & NEW LOGING FEES FOR GRANTS OF REPRESENTATION (PROBATE/LETTERS OF ADMINISTRATION) Estate Value Current fees New Fees Less than $250,000 $68.80 $0.00 $250,000 to $500,000 $68.80 $514.40 $500,000 to $1,000,000 $367.40 $1,028.80 $1,000,000 to $2,000,000 $685.90 $2,400.50
Adjustment of Land Tax and Windfall Gains Tax Prevented
Land Tax From 1 January 2024 land tax can no longer be adjusted between a vendor and purchaser (applies to contracts for the sale of land entered into from 1 January 2024). Adjustment clauses in contracts of sale requiring apportionment of land tax will be unenforceable and penalties for breaches
Vacant Residential Land Tax (VRLT)
From 1 January 2025 VRLT will apply to the whole of Victoria and the application of VRLT will depend on an owner’s use and occupation of residential land for the previous calendar year. So, on 1 January 2025, an owner’s use and occupation of residential land for 2024 will determine
ChatGPT Poem entitled “Adverse Possession”
With all the hype about ChatGPT – Fleur Craig has been having fun asking ChatGPT all sorts of legal questions. Whilst answers where somewhat questionable, Fleur can’t deny it’s better at poetry. Here is a poem created using ChatGPT entitled “Adverse Possession”. Adverse possession, a curious notion, The claiming of
Planning your Wedding or getting a Divorce – Don’t forget to update your Will and Estate Plan
Marriage In broad terms a Will is revoked by the marriage of the Willmaker. There are exceptions including as to dispositions to a person the Willmaker is married to at the time of death and appointments of that person as executor or trustee or guardian. A Will can be made
What will happen to my pets when I die?
As part of your estate plan, you should make a plan for the care of your pets when you pass away. You may ask a trusted friend or family member to take on this role, and you may choose to include this wish in your Will. You may also include
WINDFALL GAINS TAX – The answer, my friend, is blowin’ in the wind.
From 1 July 2023 a windfall gains tax (WGT) will apply to land that is rezoned by government resulting in a value uplift to the land in excess of $100,000. Why? Significant windfall gains can accrue to landholders when the value of their land increases due to government decisions to
CONFIDENTIAL INFORMATION – SSSHH ITS SECRET!
To complete my intellectual property basic blog series here is: “Confidential Information – Ssshh It’s Secret!” Have you ever had a brilliant idea but didn’t know what to do with it? You didn’t know how to talk to people who did without letting the cat out of the bag? Copyright
Commercial Tenancy Relief Scheme 2021
The Commercial Tenancy Relief Scheme (“2021 Scheme”) has been introduced by the Victorian Government to help ease the financial hardship caused by the COVID-19 Pandemic for commercial tenants. Like the 2020 Scheme the aim is to encourage tenants and landlord to negotiate in good faith to reach an agreement as
Trade mark basics
What is a trade mark? A trade mark identifies a product or service and helps to distinguish it. It is your brand – your identity. It must be capable of distinguishing your goods and services from those of other people. A trade mark is a type of intellectual property (IP)
Australian Consumer Law – “Consumer” threshold increases to $100,000
The definition of a “consumer” under the Australian Consumer Law (ACL) changed as at 1 July 2021. A party is now defined as a consumer if the party purchases goods or services that are: – valued less than $100,000; or – valued at more than $100,000 but are of a
Statutory demand threshold increases to $4,000
From 1 July 2021 the threshold at which a creditor can issue a statutory demand on a company will increase from $2,000 to $4,000 (The Corporations Amendment (Statutory Minimum) Regulations 2021). The new threshold of $4,000 will apply to all statutory demands served on or after 1 July 2021. A
Victorian Tax Update (Duty & Land Tax)
The Act introducing the following budget amendments received Royal Assent on 16 June 2021. Duties Act 2000 – Stamp duty (Land Transfer Duty) on high-value property transactions with a dutiable value above $2 million will increase to $110,000 plus 6.5% of the dutiable value exceeding $2 million. This will apply
McGrane & Anor v Lot D Preservation Group Inc & Anor [2021] VCC 509 “McGrane” – Adverse Possession
In the recent case of McGrane His Honour Judge Cosgrave applied the principles for adverse possessions claims set out in the judgment of the Victorian Court of Appeal in Whittlesea City Council v Abbatangelo [2009] VSCA 188. His Honour was satisfied that the McGranes had established that they had adversely
AVOIDING DOUBLE STAMP DUTY
When an original purchaser under a Contract of Sale of Land nominates a subsequent purchaser, care and planning must be taken to ensure that double duty is not incurred pursuant to the sub-sale provisions of the Duties Act 2000 (Vic). Double stamp duty may be payable when: 1. land development