News
Self Managed Super Funds – Buying Property
Since 2007, self-managed super funds (SMSF) have been permitted to borrow money to invest in all types of real property including residential property, commercial property and industrial property. Prior to 2007, SMSFs could purchase property but were not permitted to...
Power of Attorney Abuse
A Power of Attorney is a legal document authorising a person to act for you and make binding decisions on your behalf. A Power of Attorney is usually prepared: to facilitate and complete transactions when you are unavailable to do so, for example while travelling; to...
Why Your Will Deserves a Second Look
Life is full of twists and turns. New beginnings like a growing family, exciting career milestones, or achieving lifelong dreams bring plenty to celebrate. But we also face difficult moments - unexpected losses, the end of relationships, or health challenges - that...
Options to renew in commercial leases – don’t get caught out!
An option clause is a term in a commercial lease that allows a tenant to renew their lease at the end of the original lease period, if they meet certain conditions. Landlords are not obliged to offer a renewal option. However, it is often in the interests of both...
Will Contests and Estate Disputes – an Overview
In Australia, there are legal avenues available to individuals who wish to contest a will or challenge the distribution of an estate. Although regrettable, such disputes are often unavoidable and sometimes essential to ensure fair outcomes. Understanding these legal...
Proposed Reforms to Off the Plan Contracts and Covenants to Improve Protections for NSW Home Buyers
Worried about the risks of buying off the plan? The NSW Government recently released a discussion paper proposing reforms to off the plan contracts and restrictive covenants, aiming to improve transparency and certainty for home buyers while maintaining flexibility...
Buying a Property Under Trust: Be Aware of Surcharges on Duty and Land Tax
Do you intend to buy property as a trustee of a discretionary trust? If so, it is important to examine whether the trust deed protects you from foreign surcharges on duty and land tax. Many Australian citizens and residents unknowingly incur foreign surcharges, facing...
How do I Protect my Estate from a Family Provision Claim?
Estate disputes are surprisingly common in Australia. Laws across different jurisdictions allow eligible individuals to challenge a deceased’s Will if they believe they have not been adequately provided for. In such cases, a...
What is an ‘Interest’ in Property?
When discussing property law, the concept of an ‘interest’ is significant. An interest in property refers to a legal stake or other right that an individual or entity holds in a particular piece of real estate. This article explores the definition of property...
How to Locate an Original Will
Losing a loved one is often an emotionally overwhelming experience, and amidst the grief, managing legal matters can add another layer of complexity. Yet it most often falls to those closest to the deceased to manage the administrative burden created by death. A...