Reversal of Land Transfer to Self-Managed Super Fund Due to Unconscionable Conduct
The New South Wales Supreme Court reverses land transfer to SMSF due to son's unconscionable conduct in Cihan Family Trust v Cihan Family Superannuation Fund [2023] NSWSC 1289
Proposed regulation changes: Caravan and residential park operators, are you up to date?
The Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2020 (current Regulations), which regulates caravan and residential park operators is set to expire on 30 June 2024.
Harwood Andrews Recognised In Best Lawyers® Award 2025 Edition
Harwood Andrews is pleased to announce that 9 lawyers have been included in the 2025 edition of The Best Lawyers in Australia™. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.
How to Serve your former spouse with a divorce application
There are particular requirements for service of divorce applications and a number of documents which must be filed with the court to prove that an applicant’s former spouse has received the divorce application in the correct manner.
Here we answer some common questions in relation to service of an application for divorce.
Parenting matters and the new changes to the Family Law Act
Recently there have been changes to the Family Law Act 1975 (the Act), via the Family Law Amendment Act 2023 (FLAA) about parenting matters. Most of the changes as a result of the FLAA will take effect from 6 May 2024.
Significant reforms announced by Treasurer to merger laws
The Federal Treasurer has announced sweeping reforms to the merger laws following persistent pressure from the Australian Competition and Consumer Commission (ACCC) for reform.
Harwood Andrews Planning & Environment Ranked In Doyles Guide, Victoria 2024
Harwood Andrews is delighted to have been identified by clients and peers for expertise and abilities in two areas for Victoria in the 2024 Doyles Guide.
Getting a divorce - commonly asked questions
In Australia marriage is defined as “the union of two people to the exclusion of all others, voluntarily entered into for life”. When that union has broken down with no reasonable prospect of a reconciliation the law allows for a mechanism to dissolve the union. This is known as a divorce. A divorce changes your legal status.
Harwood Andrews State-of-the-Art Workplace Designed for Collaboration and Client Success
Harwood Andrews today announced the commencement of a significant office renovation project at their Geelong CBD premises at 70 Gheringhap Street Geelong. The design of this space has been done to foster collaboration, innovation, and exceptional client service.
Improperly Drafted Exclusionary Clause Triggers Foreign Land Tax Surcharge For Discretionary Trust
This ruling from the New South Wales Civil and Administrative Tribunal (the Tribunal) serves as an important reminder for ensuring that discretionary trust deeds are appropriately amended to prevent the activation of "foreign" land transfer (stamp) duty and land tax surcharges
Navigating Land Access – New Land Access Code of Practice
As Victoria follows the rest of the world in shifting towards green electricity, it is inevitable that more power transmission lines will be needed. Which means power companies will be asking more and more landowners across regional and rural Victoria for access to their land, and then to build transmission towers.
UNFAIR CONTRACT TERMS IN REAL ESTATE CONTRACTS (INCLUDING LEASES)
From 9 November 2023, consumers and small businesses have had increased protection from unfair contract terms contained in standard form contracts under the Australian Consumer Law and Competition and Consumer Act 2010 (Cth). We wrote generally about these protections in our update Constructing a fair contract can save you millions.
Stamp Duty Out, Commercial and Industrial Property Tax In Starting 1 July 2024
From 1 July 2024, a new state taxes regime commences for certain commercial and industrial properties. Upfront land transfer (stamp) duty will be phased out in lieu of a new annualised Commercial and Industrial Property Tax (New Tax).
Giving data to subcontractors – lessons from recent Notifiable Data Breaches
We are all too familiar with the growing number of data breaches in both Australia and abroad. The Office of the Australian Information Commissioner (OAIC) recently issued its Notifiable Data Breaches Report (Report) for June 2023 to December 2023, revealing some concerning findings.
Function Venues, Wineries and Venue Operators: Are you at risk of being penalised under the new unfair contract terms regime?
Under the Australian Consumer Law and ASIC Act, the spotlight is now shining on unfair contract terms, and function venues, wineries and venue operators should take note.
Exemption from SMSF Stamp Duty - Property Transfer to Superannuation Fund Beneficiaries
A transfer of real property from a superannuation fund to a beneficiary of the fund
Unfair Contract Terms Regime - Free Terms & Conditions Traffic Light Review
Stay legally on track with our free Terms & Conditions Traffic Light Review— green for compliance, red flags for caution.
Can I have a piece of the pie now? - Partial property settlements in family law matters
When going through a separation, it is important that you and your former spouse formalise a final property settlement and take the necessary steps to ensure that your financial ties to each other are cut. However, the process of negotiating and ideally reaching an agreement for a property settlement, making it binding and then implementing the agreement can often take some time.
Government Unveils Hopeful Future with with the Release of Housing Australia Future Fund Facility (HAFFF) and National Housing Accord Facility (NHAF)
In a landmark move aimed at addressing the national housing crisis, the first tender for the federal government’s Housing Australia Future Fund Facility (HAFFF) and National Housing Accord Facility (NHAF) is now open. The core objective of these programs is to finance new, high quality and well located social and affordable housing to address the current national housing crisis.
Renowned Commercial and Property Lawyer Briget O’Callaghan Joins Harwood Andrews, Bolstering Property Expertise
Harwood Andrews is thrilled to announce the addition of esteemed commercial and property lawyer, Briget O’Callaghan, and her colleague Evelyn Zeglinas, to its growing team. Briget and Evelyn bring a wealth of experience and a proven record of accomplishment to the firm, further solidifying its position as a leader in the property law space.