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CONVEYANCING & PROPERTY

Easements, Covenants and Caveats

Easements, Covenants and Caveats

In Victoria, the trio of easements, covenants, and caveats play a pivotal role in defining and safeguarding property interests. But what are they? Easements Essentially an easement grants a legal right to use someone else’s land for a specific purpose, such as access...

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Foreign Investment Review Board (FIRB) Requirements

Foreign residents must usually obtain approval of Foreign Investment Review Board (FIRB) prior to the purchase of Australian residential property. FIRB's requirements are summarised below. When is FIRB required? Subject to some exceptions and qualifications, a...

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What is Windfall Gains Tax?

In October 2021 the Victorian Government introduced a significant new tax payable by some Victorian landowners whose land is rezoned resulting in an uplift in the land value. The Windfall Gains Tax Act 2021 (the Act) will take effect and impose the Windfall Gains Tax...

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What is a Section 173 Agreement?

You may have heard of Section 173 Agreements in the course of your property dealings but, you may not have considered what these agreements are actually about. A Section 173 Agreement is essentially a contract between a municipal council and a registered proprietor...

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The Various Ways Construction Lawyers Can Help You

Understanding the legislation and the impact of contract terms on construction projects and building works is a complex process. It is an area that requires the perfect marriage of good legal skills and a thorough understanding of the imperatives and typical pain...

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Apartment Living and Pets

Last year it was decided in a landmark cause in the NSW Court of Appeal that a blanket ban by an Owners Corporation on pets can be invalid. In Cooper v The Owners Strata Plan No 58068 [2020] NSWCA 250 the OC argued that a 13 year old miniature schnauzer could not be...

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Owners Corporations – A Change is Coming

The Owners Corporations and Other Acts Amendment Act 2021 (‘the Act’) was passed by the Victorian Parliament last month and introduces changes to the Owners Corporation Act 2006, Retirement Villages Act 1987 and certain provisions of the Subdivision Act 1998. These...

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What Is a Caveat?  Do I Need One?

What Is a Caveat? Do I Need One?

Caveats are used to protect your interest in property and acts as a statutory injunction to prevent certain dealings from being registered.  A caveat acts a warning to anyone dealing with the land that someone has a legal interest in that property. The party who has...

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How Does A Restrictive Covenant Affect Me?

How Does A Restrictive Covenant Affect Me?

If you are looking at purchasing a property, or looking to develop your own property, you may find that there is a covenant registered on Title. If this is the case, you need to understand what a covenant is and what affect is has on you, your land now and in the...

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What is an Owners Corporation?

What is an Owners Corporation?

If you are an owner of an apartment, a flat or a unit, you are likely a member of an owners corporation, previously known as a ‘body corporate’.  An owners corporation is like the communal management structure for a complex of dwellings (or commercial properties)....

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Victorian Government Announces Tax Reductions

Victorian Government Announces Tax Reductions

Last week the Victorian Government announced temporary stamp duty reductions and other financial incentives in an attempt to rebuild Victoria’s property market after a horror year for the economy due to the COVID-19 pandemic and bushfires. Stamp Duty Victorians who...

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The Right To Cool Off

The Right To Cool Off

There are many important notices, warnings and conditions associated with Contracts for the Sale of Real Estate in Victoria designed to alert purchasers to the consequences of the decision they are making.  However, even after you have signed a contract, you may...

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Do You Need a Labour Hire Licence?

The Labour Hire Licensing Act 2018 came into operation on 29 October 2019. The legislation followed media publicity about questionable practices of some labour hire providers. The most publicised examples were fruit and vegetable pickers and process line workers in...

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Absentee Owner Surcharge

Absentee Owner Surcharge

It is almost the time of the year that if you are an absentee owner in 2019, you need to log onto the Absentee Owner Notification Portal between 2 January 2020 - 15 January 2020 to notify the State Revenue Office.   Absentee Owner Land Tax Surcharge was introduced by...

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Important Legislative Changes to Short-stay Accommodation

Important Legislative Changes to Short-stay Accommodation

From 1 February 2019, legislative reform has come into effect which significantly impacts the responsibilities of owners who provide short-term accommodation. The concept of short-term accommodation has proven extremely successful for both owners and guests, as it...

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PPSR – Audit and Amend Your Apparent Credit Risk Profile

PPSR – Audit and Amend Your Apparent Credit Risk Profile

The Personal Properties Securities Register (PPSR) established under the Personal Properties Securities Act 2009 (Cth) (PPSA) records security interests held by creditors over certain personal property of debtors. A consequence of registration of security interests...

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    Nevett Ford Melbourne Pty Ltd

    ABN: 80 144 697 790

    Level 16, South Tower, Rialto Building, 525 Collins Street
    Melbourne, VIC 3000