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12 Articles found
2019
Why a lot owner deed is so important
A recent decision of the Office of the Commissioner for Body Corporate and Community Management (OCBCCM) has highlighted the importance of complying with the ‘lot owner...
More2018
The role of the Enduring Power of Attorney in relation to binding death benefit nominations
This article explores the role of the enduring power of attorney to effectively make a binding death benefit nomination after a member of a self-managed superannuation fu...
MoreMedical practice structuring and home ownership
Structuring your medical practice to protect the family home Are you a medical practitioner? Trading as a trust may be the best way to minimise your personal exposure in
MoreThe goose, the golden egg and the assignment
In an article I wrote some 5 years ago I expressed concern at a trend in management rights of inexperienced managers being sold management rights on promises of minimal w...
MoreUncertainty around short term letting
For a variety of reasons we have in recent months fielded many enquiries about short term lettings. Some clients have wanted to prevent Airbnb, some have wanted to stop l...
MoreThe power of appointment of trusts
A recent case involving a prominent South Australian wine-making family highlighted the importance of making sure that control of a trust following the death of the appoi...
MoreDevelopment Approval – enforcement orders
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...
More2017
Off the plan – off the boil?
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
MoreWhen a deposit is paid by electronic transfer, when is it legally considered ‘paid’?
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...
MoreBuyer beware: the definition of a ‘foreign person’ goes further than we think for duty and land tax purposes...
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...
More2016
Bankruptcy and inheritance: who gets what and what you can do about it
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...
MoreCompliance deadlines loom for SMSF’s as 30 June approaches
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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