NEWS

If your organisation is a registered charity with the Australian Charities and Not-for-profits Commission (ACNC), you are required to notify the ACNC of the appointment of people responsible for governing the charity. These are known as “Responsible Persons”. Essentially, they are entrusted with making decisions on behalf of the charity and determining how the organisation should be run.

New Division 296 Tax – A win for the industry

Controversial taxation bill has been watered down – tax of unrealised gains has been scrapped.

In the case of Roberts ([2025] FCA 957) an application to the Federal Court to exercise its discretion to grant leave to a bankrupt individual to manage a self-managed superfund.

Landholder duty issues for Hybrid Unit Trusts highlighted by Victory International Pty Ltd v Commissioner of State Revenue [2025] VSC 484

From 1 October 2025, changes to the Home Guarantee scheme will come into effect for Australians looking to purchase their first home. The scheme will allow all first home owners eligible under the scheme to purchase a property with a 5% deposit with no income eligibility requirements and increased price caps on the value of property.

Appropriately considering the successive control of discretionary trusts, at both a trustee and an appointor level, is a critical component in succession planning. The recent Queensland Court of Appeal decision of Staley v Hill Family Holdings Pty Ltd highlighted this, after broad variation powers resulted in the removal of an appointor by a trustee which could have been avoided had the succession of the trust been properly addressed. 

After a relationship breakdown, one of the most pressing concerns for a separated person is often how they are going to be able to financially support themselves going forward. This is particularly so if it is now down to them alone to meet their bills and living expenses which were previously shared with or paid by their former partner.

A review has been conducted of the Retirement Villages Act 1986 (Vic) (Retirement Villages Act) based on community feedback that the current legislation does not provide adequate protection for retirement village residents.  The new laws offer greater safeguards and regulation of many aspects of retirement villages and residence contracts for retirement villages.  The changes are extensive, however we have detailed below some of the significant changes.

The Victorian Supreme Court’s decision in Beecham Motors Pty Ltd v General Motors Holden Australia [2025] VSC 125 highlights the importance of precise contractual drafting. Beecham Motors, a Holden dealership, sued GM Holden after General Motors announced the Holden brand’s exit from Australia, disrupting their contract.

This recent decision emphasises the need for clear, precise contract terms rather relying on good faith to give effect to uncertain terms. 

Foreign purchasers living within Australia must be aware of important requirements to fulfill a section 69AJ exemption under the Duties Act 2000 (Vic). The case of Sim v Commissioner of State Revenue [2025] VCAT 349 highlights how all requirements of section 69AJ must be met to receive an exemption to the foreign purchaser additional duty.

The Victorian Government has introduced a new 50% penalty tax for cases of recklessness under state tax laws, as part of the 2025–26 State Budget measures. This penalty applies where a taxpayer or their advisor is found to have acted recklessly, causing a tax shortfall or failing to meet notification requirements.

Previously, penalties ranged from 25% (negligence) to 75% (intentional disregard). There are concerns that this new penalty could be unfairly applied in complex cases, especially involving trusts or foreign interests, where rules are often misunderstood.