Legal Insights
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.
Emma Buchanan promoted to special counsel
We are delighted to announce the promotion of Emma Buchanan, Emma has a long association with Harwood Andrews and has been of tremendous value-sharing focus between Property law and Precedents review and development. Please join us in congratulating Emma on this incredible achievement to special counsel.
![Baullo v Commissioner of State Revenue [2023] VCAT 1164: Beneficiary Loans, Land Transfer Duty, and Discretionary Trusts](https://images.squarespace-cdn.com/content/v1/62940022bdc06b31c5ba0c30/1703029768199-5GRBFUR1AY23KZ8PO114/pexels-maria-orlova-4940760.jpg)
Baullo v Commissioner of State Revenue [2023] VCAT 1164: Beneficiary Loans, Land Transfer Duty, and Discretionary Trusts
The VCAT ruling of Baullo v Commissioner of State Revenue [2023] VCAT 1164 (Baullo), has reaffirmed the position of the State Revenue Office (SRO) that forgiving beneficiary loans in relation to a distribution of property from a discretionary trust to a beneficiary will prohibit utilisation of the exemption to land transfer (stamp) duty afforded by section 36A of the Duties Act 2000 (Act).
I’m an executor – I’ve heard of the executor’s year, but what does it mean for me?
The ‘executor’s year’ is the general principle that the personal representatives of an estate, be it the executors or administrators (in the case of an intestacy), have one year from the date of death of the person whose estate is being administered, to administer the estate.
Binding Death Benefit Nominations – Notice and Conduct
A binding death benefit nomination (BDBN) is a direction from a member of a superannuation fund to the trustee of the superannuation fund on how that person’s superannuation entitlements are to be paid or transferred on their death. In the absence of a BDBN, the trustee is not compelled to distribute the superannuation proceeds in accordance with the member’s wishes.
To Caveat Or Not To Caveat – That Is The New Question
A caveat is an application that any person with a legal interest in a property can lodge with Land Use Victoria. In family law, caveats have therefore historically been used by a party to a separation who has an interest in a real property, but to which they are not on title.
Retail Leases Act 2003 does not apply to premises above third storey
Certain retail premises are excluded from the protection and requirements of the Retail Leases Act 2003 (Act), including premises used for the retail provision of services located above the first three floors in a multi-story building (Third Storey Exclusion). A recent VCAT ruling in Aqua Greenland Pty Ltd v Max Therapy School Pty Ltd (Building and Property) [2023] VCAT 449 has considered the Third Story Exclusion.