The Aged Care Restrictive Practices Substitute Decision-maker Act 2024 (Vic) (the Act) came into effect on 1 July 2025. The Act will only apply to Victorian residents.

When considering asset protection, gift, loan and mortgage arrangements are a key strategy, particularly in the context of protecting assets against creditor or insolvency claims as well as parents providing financial assistance to adult children. The effectiveness of the strategy relies upon ensuring that that agreement is correctly documented and implemented.  

Harwood Andrews Dispute Resolution and Litigation team is delighted to have been identified by clients and peers for expertise and abilities for Victoria in the 2025 Doyles Guide. Doyles Guide is a highly regarded independent annual peer review of the leading corporate law firms and lawyers in Victoria.

Losing an original trust deed creates issues. Replacing the deed may trigger tax implication, deed of ratification poses challenges and seeking court advice is costly and complex. Robust systems are crucial.

The recent decision of Malcolm v Commissioner of State Revenue [2025] VCAT 218 has impacted the State Revenue Office’s interpretation of section 38(2) of the Land Tax Act 2005 (Vic).

The recent Supreme Court decision of Sec New Line Pty Ltd & Anor v Muffin Break Pty Ltd has provided interesting insight into franchisor obligations, specifically whether there is a requirement to inform franchisees of important facts relating to their lease agreements.

The decision focused on two main questions – whether a franchisor is required to inform a franchisee about important changes to their lease agreement, and does reinstating a property’s condition require de-fitting?

The case of Connelly (liquidator) v Papadopoulos, in the matter of TSK QLD Pty Ltd (in liq) (TSK) [2024] FCA 888 provides important insights into the serious implications for directors and officers of companies and professional advisers involved in the restructuring of companies when later found to be asset-stripping schemes. When restructuring, companies must conduct thorough due diligence and plan for a smooth transition to mitigate operational risks.

While some industry voices call for a deferral, with Labor’s recent election win and more favourable senate, commentators have raised that it could be likely that the proposed Division 296 tax will commence on 1 July 2025.

Affected individuals should evaluate whether to act now or wait, depending on personal circumstances. Options include withdrawing super before or after the start date or doing nothing if modelling shows better long-term outcomes. Each option should be carefully considered based on individual’s financial situations.

It is an unfortunate reality in this day and age that many marriages and de facto relationships no longer last or remain intact until death. So, what happens if a marriage or de facto relationship has broken down and then one or both parties die? And what happens if one party or both parties to a family law matter have lost capacity and cannot manage their own affairs?

Family law matters have historically been matters relating to divorce, parenting arrangements, property settlements and the like.  But what about our furry friends?   Once a couple separates, how does the Court decide who is to retain the family pet.

The article contains good information and starting points, and examines some of the options available to parents to consider.

The New South Wales Supreme Court decision in Re Absolute Vision Technologies Pty Ltd (subject to deed of company administration) [2024] NSWSC 1010 provides judicial guidance in relation to whether a former corporate trustee, despite being in voluntary administration, could complete a sale contract for SMSF property and distribute the proceeds to the new trustee.

In the case of Dryandra Investments Pty Ltd v Hardie by her guardian ad litem Ian Torrington Blatchford [2024] WASC 24, the Supreme Court of Western Australia examined a key aspect of estate planning and structuring: ensuring proper succession for the roles of appointor and guardian. The decision underscores the risks that arise when these crucial roles are overlooked, and succession is not addressed by an appointor or guardian before they lose capacity or pass away.

Harwood Andrews is pleased to announce that 11 lawyers have been included in the 2026 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.

The New South Wales Supreme Court has reconvened for a second time, this time addressing the implications of a lost trust deed.  This decision highlights the crucial responsibility of trustees to properly preserve trust deed documents, not only to maintain the trust’s validity but also to prevent adverse outcomes, such as taxation or duties.

In this HA Housing Insights series, we shine a spotlight on the housing crisis and speak with key industry experts to gain a comprehensive understanding of the challenges faced in delivering housing outcomes and potential solutions.

To close our series, Tom Niklai, Director at Goodhouse Partners tackles the issue of forging partnerships in the housing sector and how we can drive collaboration between different stakeholders.

The NSW Supreme Court's decision in Gainer Associates has crucial implications for self-managed superannuation funds. The case examined Gainer’s attempts to amend its governing rules, specifically addressing the distribution of death benefits and the remuneration of trustees. This case highlights the court’s emphasis on compliance with the Superannuation Industry (Supervision) Act 1993 and the importance of transparency with regulatory bodies.

The Gainer case serves as a vital reminder for SMSF trustees to prioritise due diligence, transparency, and adherence to compliance standards.

In this HA Housing Insights series, we shine a spotlight on the housing crisis and speak with key industry experts to gain a comprehensive understanding of the challenges faced in delivering housing outcomes and potential solutions.

In the seventh instalment of our HA Housing Insights series we speak with Brad Hosking, Chief Executive Officer of the National Affordable Housing group of companies (NAH). Brad gives insight on innovative ways to change the housing landscape.

Effective 1 January 2025, the Short Stay Levy Act 2024 (Vic) introduced a 7.5% levy on short-term accommodation bookings. This levy has widely become known as the “Airbnb tax” and is aimed at addressing the state’s housing shortage by encouraging property owners of current short-stay rentals to transition their properties into long-term leasing options, thereby increasing the availability of permanent housing.

In this HA Housing Insights series, we shine a spotlight on the housing crisis and speak with key industry experts to gain a comprehensive understanding of the challenges faced in delivering housing outcomes and potential solutions.

In the sixth instalment of our HA Housing Insights series we hear from Tim Copley, Development Manager at McNab about how the barriers currently faced by developers in Queensland may be overcome.  

The recent changes to the Family Law Act 1975, which largely come into effect in June 2025 will address how family violence is now considered in family law property settlement matters.

These amendments reflect the increasing prevalence of allegations of family violence in our society and within the family law jurisdiction specifically and the serious financial and emotional consequences that can result for victim-survivors.

The recent NSW Supreme Court decision in Gainer Associates Pty Limited [2024] NSWSC 1138 sheds light on critical issues surrounding self-managed superannuation funds. This case intricately examines  issues of trustee responsibilities, compliance with the Superannuation Industry (Supervision) Act 1993, and the necessary judicial oversight in potentially contentious situations.

The court emphasised the need for trustees to maintain clear documentation and adhere to the Superannuation Industry (Supervision) Act 1993. This case serves as a vital reminder for trustees regarding the complexities of compliance and the significance of transparency in governance..

When making a will, one of the most important decisions you need to make is who you will appoint as your executor.

If you are a parent who has recently separated from their partner and you have children with them, you may be starting to navigate how to put some care arrangements in place for your children. Or, you may have been separated for some time and are considering pathways to resolve your current parenting dispute, or looking to what future arrangements will be best for your children.

In this HA Housing Insights series, we shine a spotlight on the housing crisis and speak with key industry experts to gain a comprehensive understanding of the challenges faced in delivering housing outcomes and potential solutions.

In the fifth instalment of our HA Housing Insights series we speak with Brian Farrelly, Partner and Executive Director at Pitcher Partners Melbourne within the Tax Advisory Group to hear his views.

There have been some important changes to the Competition and Consumer (Industry Codes-Franchising) Regulations 2024. These changes will come into effect on 1 April 2025 and have the potential to impact the way franchises operate. As a result, it’s important that both franchisees and franchisors are aware of their new obligations and rights.

On 19 February 2025, the Full Federal Court, in FCT v Bendel [2025] FCAFC 15 (Bendel), held that an unpaid present entitlement (UPE) with a corporate beneficiary is not a loan under subsection 109D(3) of Division 7A of the Income Tax Assessment Act 1936 (ITAA 1936).