Disclosure of planning controls and approvals when selling land
Division 2 of Part 2 of the Sale of Land Act 1962 (SOL Act) sets out various matters that must be disclosed by vendors (in a Vendor’s Statement, or Section 32 Statement) to potential purchasers before a contract is signed. Many items are clearly spelt out, leaving no room for ambiguity. There can be absolutely no doubt that a vendor must provide (for example): any building permit...
A Hole in the Bucket Company? Bendel Seals the Deal on UPEs and Division 7A
In one of the most highly anticipated tax decisions in recent years, the Full Federal Court (FFC) comprising of Logan J, Hespe J and Neskovcin J handed down its unanimous decision in Commissioner of Taxation v Bendel FCAFC 15 (Bendel). The Commissioner of Taxation (Commissioner) was of the view that unpaid present entitlement (UPE) to income or capital of a trust estate is a loan captured...
Spousal Maintenance
If you have recently separated and are struggling to financially support yourself, you may be able to negotiate, or make a claim for, spousal maintenance from your former spouse or partner. An Applicant must establish that they are unable to support themselves adequately, and that the Respondent has a capacity to pay spousal maintenance. DSA Law have experience in representing...
Landmark reforms to Australia’s merger laws are on the way
On 10 April 2024 the Commonwealth Treasurer, Dr Jim Chalmers, unveiled reforms to Australia’s merger and acquisition clearance rules. From 2026, companies will need to notify and receive clearance from the Australian Competition and Consumer Commission (‘ACCC‘) for mergers and acquisitions over a certain threshold – to be decided by further consultation. The recent...
Statutory Demands – When a debt owed by a company is due and payable
When a company owes a debt to a person, that person or company (the creditor), can serve a statutory demand on the company demanding payment of the debt pursuant to section 459E of the Corporations Act 2001 (Cth) (‘Corporations Act’). According to the Corporations Act, the debt must be due and payable and at least $4,000, which is the current statutory minimum set out in the Corporations...
Pre-Action Procedures In Family Law Property Matters
The Federal Circuit and Family Court of Australia (“FCFCOA”) has introduced stricter rules in relation to Pre-Action Procedures and attempts to resolve matters prior to the issuing of court proceedings. These rules are set out in Rule 4.01 and Schedule 1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Family Law Rules). Parties must make a genuine attempt to...
Major Changes to the Fair Work Act 2009 (Cth)
Parliament has recently enacted two major law reforms to the Fair Work Act 2009 (Cth): Fair Work Legislation Amendment (Closing Loopholes) Act 2023Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 These reforms to the Fair Work Act will have a significant impact on employers – the most notable reforms include: Changes in the definition of ‘Employee’ In determining...
A Fairer Approach to Existing Use Rights
Yesterday, the Victorian Government gazetted Amendment VC254, amending all planning schemes in Victoria. Significantly, this amendment changes the time period to apply in existing use rights applications relying on the ’15 year’ rule. Pre-Amendment Provision It has long been the case that all Victorian Planning Schemes provided that evidence demonstrating continuous use of land...
Major Changes to Planning in Victoria
Today the Victorian Government has gazetted Amendment VC253 (Amendment), in relation to ‘small second dwellings’ – the well-publicised ‘granny flat’ component of the Government’s planning reforms. The change, which introduces, for the first time, the concept of a ‘small second dwelling’, applies to all Victorian planning schemes (and the Building Regulations), and is part of the...
Separation Under the Same Roof
In Australia, there is a ‘no fault’ system for divorce. This means that the court is not concerned with, and does not consider, any of the reasons as to why the marriage came to an end. The only requirements for a divorce are: That you have been separated for at least 12 months;That the marriage has broken down ‘irretrievably’; andThat the other party has been...
Trees on Neighbouring Land
The issue of trees overhanging boundaries is probably something we can all relate to. Is it their responsibility or yours? And are there specific laws that relate to the tree in question? There can be heavy fines for unauthorised removal or destruction of publicly owned trees and for trees protected by planning schemes or local laws. We can advise you about planning and local laws and...