Articles

10 Articles found

Review your discretionary trust deed now following changes to liability for surcharge purchaser duty and surcharge land

By: Cath Champion

If the trustee of your discretionary trust owns residential land in New South Wales and ‘foreign persons’ are not excluded as beneficiaries of the trust, then surchar...

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Commissioner’s discretion to extend the two year period to disregard capital gains tax in relation to the disposal of

By: Cath Champion

This article explores the implications of the Australian Taxation Office’s Practical Compliance Guidelines PCG 2019/5 (Guidelines) which establishes guidelines for the

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Development Approval – enforcement orders

By: John Forde

In Pike v Tighe [2018] HCA 9 (14 March 2018) the High Court held that the Development Approval condition attaches to the land and binds the owner, the owner’s succes...

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Off the plan – off the boil?

By: John Mahoney

With the huge number of new unit projects coming on line in the past couple of years, and more following, there have been many significant off the plan management rights

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When a deposit is paid by electronic transfer, when is it legally considered ‘paid’?

By: John Mahoney

The District Court recently had to consider if a deposit payable under a house sale contract was paid on the due date. In this situation, the deposit was electronically t...

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Buyer beware: the definition of a ‘foreign person’ goes further than we think for duty and land tax purposes...

By: Antony Harrison

You may have heard that some states in Australia have introduced a duty and/or land tax surcharge for foreign persons buying residential land. What do we mean by resident...

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Bankruptcy and inheritance: who gets what and what you can do about it

By: Mahoneys

The potential for bankruptcy to affect a beneficiary under a deceased estate poses significant problems for inter-generational wealth planning. When a beneficiary to a de...

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What you must do before going into business

By: Mitchell Downes

Caught up in the thrill of the new, parties often neglect to consider what will happen if things go sour in business. Disputes can erupt over something as simple as one p...

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Compliance deadlines loom for SMSF’s as 30 June approaches

By: Mahoneys

by Marek Reardon – Special Counsel The approach of 30 June heralds an increase in activity in business compliance activity in many industry sectors. None more so

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Can a class 3 building be used for long term residential use?

By: John Mahoney

This issue arose when we were consulted by an onsite manager of a complex originally approved and operated as a motel, appropriately classified a class 3 building under t...

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