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 of the new law can … Adjustment of Land Tax …Read More »

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 if the VRLT will apply. … Vacant Residential Land Tax …Read More »

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 land through long-time devotion. Where … ChatGPT Poem entitled “Adverse …Read More »

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 in contemplation of marriage, or … Planning your Wedding or …Read More »

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 a gift to the carer … What will happen to …Read More »

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 rezone land.  According to the … WINDFALL GAINS TAX – …Read More »

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 does not protect ideas, concepts, … CONFIDENTIAL INFORMATION – SSSHH …Read More »

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 to rent relief, the big … Commercial Tenancy Relief Scheme …Read More »

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) and forms part of the … Trade mark basics Read …Read More »

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 kind ordinarily acquired for personal, … Australian Consumer Law – …Read More »

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 statutory demand is a formal … Statutory demand threshold increases …Read More »

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 to contracts entered into on … Victorian Tax Update (Duty …Read More »

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 possessed the subject land and … McGrane & Anor v …Read More »

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 occurs between the time the … AVOIDING DOUBLE STAMP DUTY …Read More »

Fleur Craig is very pleased to announce that Armour-Craig Legal has moved into Suite 7, 21 Smith Street, Warragul. Come in and say hello or contact Fleur Craig by phone on (03) 5636 4986 or email fleur@armourcraiglegal.com.au or make an enquiry through the contact page.Read More »

YES, young adults need wills too!  Young adults often think there is no point in them making a will because they think they have not accumulated enough assets to worry. However, many young adults have a job, and they have a superannuation fund.  When they become a member of a superannuation fund they usually take … ONLY THE GOOD DIE …Read More »

Australia does not have a registration system for copyright protection. Copyright protection applies automatically when material is created.  Works do not need to be published to be afforded copyright protection.  The copyright notice (in Australia this is the © symbol) can be displayed on the works, but this is not required to afford protection. The … Copyright Basics Read More …Read More »

An application to admit an informal will to probate was granted in the recent case of Re Logan [2021] VSC 131.  The deceased made handwritten changes to an unexecuted copy of his previous will.  He signed the informal wall in the absence of any witnesses, and not in accordance with the formal requirements set out … Informal Wills Read More …Read More »

The general principal is that a person has the right to dispose of their estate as they wish.  However, the Court has the power to override the deceased’s wishes if the Court determines that this right has been abused because the deceased has breached his or her moral duty to provide proper maintenance and support … CONTESTING A DECEASED’S WILL …Read More »

Amendments to the Retail Leases Act 2003 (Vic) that came into effect in late 2020 delivered changes to time frames and requirements for the provision of proposed lease and disclosure documents and refund of security deposits to tenants, and introduced an early market rent review process for tenants. During negotiations for a new lease and … Retail Leases Act Amendments …Read More »

Paper Certificates of Title still exist! Whilst Land Use Victoria (Land Titles Office) has carried out bulk conversions of paper certificates of title to electronic certificates of title, starting with paper certificates of title where any of the four major banks are registered on title as the first mortgagee and progressing to other financial institutions, … LOST CERTIFICATES OF TITLE …Read More »

The Australian Consumer Law has prohibited unfair contract terms in standard form contracts entered into (or existing contracts that are varied or renewed) between businesses where at least one party to the contract is a small business since November 2016. The law applies to standard form contracts for the supply of both goods and services … Small Business Unfair Contract …Read More »

In Victoria, General Law Land is land that has not been brought under the operation of the Transfer of Land Act (TLA).   General Law Land is also known as Old Law Land or “NUA” Land (Not under the TLA). The title to General Law Land consists of a series of deeds and documents evidencing dealings … General Law Land (Old …Read More »

What is adverse possession?  The registered proprietor of land will lose the right to reclaim possession of their title land after it has been exclusively and continuously possessed for a period of 15 years. Section 8 of the Limitation of Actions Act 1958 (Victoria) provides that no action shall be brought by any person to … ADVERSE POSSESSION Read More …Read More »

Registration with local council of pools and spas is now mandatory for owners of land where a swimming pool or spa is located.  All swimming pools and spas capable of holding more than 30 cm of water are covered by the law.  It includes permanent pools, above ground pools, indoor pools, hot tubs, bathing or … Pool and Spa registration …Read More »

Changes to the Sale of Land Act 1962 came into effect on 1 March 2020.  These changes require that vendors and agents must not knowingly conceal a material fact about a property from a potential purchaser with the intention of inducing the purchaser to buy the land. Section 12(d) of the Act states: Any person … Full & Frank Disclosure …Read More »

Have you considered leaving a gift to charity in your Will? According to the Australian Fundraising Institute 7.5% of Australians leave a gift to a charity in their Will.  These bequests account for approximately 15% of charities’ fundraising income and help charities carry out crucial work. The Australian Fundraising Institute is running a social change … Have you included a …Read More »

A restrictive covenant is an agreement restricting the way a land owner 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 restrictions often included in restrictive covenants are: restrictions … RESTRICTIVE COVENANTS Read More …Read More »

Intellectual property aspects of a sale of business transaction should not be overlooked when buying or selling a business. From the vendor’s perspective, a thorough analysis of intellectual property rights by a vendor can ensure that the business is properly valued, and a fair sale price achieved. Purchasers need to ensure that all intellectual property … BUYING OR SELLING A …Read More »

The Victorian Government has now extended the Commercial Tenancy Relief Scheme until 28 March 2021.  Tenants seeking rent relief for the period 1 January 2021 to 28 March 2021 need to apply to their landlord in writing providing the evidence required by the scheme as soon as possible.  Landlords are only required to provide rent … Extension of the Commercial …Read More »

Armour-Craig Legal will be moving into Suite 7, 21 Smith Street, Warragul early in 2021. The office suites are currently under construction so keep an eye out for the opening date. In the meantime Fleur is available to assist you and can be contacted by phone on (03) 5636 4986 or email fleur@armourcraiglegal.com.au.Read More »

Granny flat agreements typically concern family arrangements where accommodation is provided by an adult child for their aging parent in return for payment of money or a transfer of assets to the adult child.  The granny flat interest lasts for the life of the aging parent. A granny flat interest doesn’t just cover the situation … Granny Flat Agreements Read …Read More »

Special Disability Trusts provide an exceptionally good way to provide for the long-term care and living needs of someone with a severe disability by controlling assets for the disabled person’s benefit.  You can create a Special Disability Trust by Deed whilst you are still alive, or pursuant to your Will. A disabled person must meet … Special Disability Trusts Read …Read More »

Unless the restraining party can establish that the restraint is reasonable the restraint of trade clause will be void for being considered contrary to public policy.  To be reasonable the restraint of trade clause must be reasonable in the interests of the parties and the public in all of the circumstances and be considered necessary … Restraint of Trade Clauses …Read More »

Your ‘death benefit’ includes the money in your superannuation account plus any life insurance cover you have through your super fund as at your date of death. Death benefits are not estate assets (don’t form part of your estate upon your death) and therefore usually cannot be dealt with in your Will.  It is the … Superannuation Death Benefits – …Read More »

ORGAN DONATION  Did you know that you can include a clause in your Will expressing a wish to donate your organs?  To make sure that wish can be learnt by medical staff at the time of your death it is important to also record decision to donate organs on the National Organ Donor Register (AODR). … GIVE THE GIFT OF …Read More »

Armour-Craig Legal is a registered lodging party on the SPEAR Electronic Lodgment Network (ELN).  SPEAR (Surveying and Planning through Electronic Applications and Referrals) is an online system that allows lodging parties to prepare applications and submit them electronically for lodgment to Land Use Victoria (Land Titles Office). Plan-based dealings lodged at Land Use Victoria (the … SPEAR – REGISTERED USER …Read More »

A vendor of a small business, being a business in which the goodwill, plant, equipment and fittings being sold have a total price of $450 000 or less, must provide a Section 52 Disclosure Statement to a purchaser before the purchaser signs the contract of sale or pays a deposit.   The requirement to provide a … Section 52 Disclosure Statement …Read More »

Victoria’s Voluntary Assisted Dying Act commenced on 19 June 2019. The Act sets out strict eligibility criteria and procedures enabling a person in the late stages of a terminal illness to ask for and access voluntary assisted dying medication. Access is only possible if the dying person can meet the following criteria: They are in … Voluntary Assisted Dying Read …Read More »

If you die without a Will you don’t get to determine who benefits from your estate or who is in charge of administering your estate.  The administration of your estate may be take a lot longer than if you had died with a Will in place. If you die without a Will you have died … What happens if you …Read More »

There is a common misconception that s272 of the Property Law Act acts to prevent a landowner’s right to sue for actual physical infringement or encroachment of their property boundary when the infringement or encroachment is less than 50mm (50mm where the boundary is less than 40.3m, or 1/500 of the boundary length where it … Margin of Error and …Read More »

Residential Properties Stamp duty relief on residential property transactions of up to $1 million were announced by the Victorian Government announced on 23 November 2020. A wavier of 50% for new residential properties and a wavier of 25% for existing residential properties is available on contracts entered into between 25 November 2020 until 30 June … Stamp Duty Relief & …Read More »