The Victorian Legal Services Board has released a news update relating to the recent changes affecting how executors claim commission.
RPA News Bulletin #376 issued November 2017 may be accessed here.
VIC – Vacant residential land tax
Vacant residential land tax applies from 1 January 2018 to homes in inner and middle Melbourne that are vacant for more than six months in the preceding calendar year. See the Vacant residential land tax commentary in our sale and purchase guides.
Family Law – Discontinuance & Summary Dismissal
Commentary has been added to the Property Settlement, Children and Divorce publications on discontinuance and summary dismissal of proceedings. The necessary forms have also been linked to the relevant matter plans.
Proceedings maybe discontinued according to Family Law Rule 10.11 and Federal Circuit Court Rules 13.01 and 13.02. …
See Bigg and Suzi [1998] FamCA 14 (5 March 1998) where the Court said that not only did it have power to summarily dismiss an
application which could not succeed, but also the Court had inherent power to dismiss or permanently stay an application.
WA – Electronic lodgement for all eligible documents
From 1 December 2017 – Any lodgement case consisting of eligible discharges, transfers, mortgages, caveats and withdrawal of caveats must be lodged electronically. Are you E-Conveyancing ready? See our paper E-Conveyancing – Get Connected for information and implementation timelines
VIC – Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 – commenced
ALERT: The Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 commenced on 1 November. Changes are made to ademption, executor commission and distribution on intestacy.
TAS – Probate Rules 2017 commence 8 November
ALERT: From 8 November 2017 Probate Rules 2017 commence and Probate Rules 1936 are revoked. Circular No 14 of 2017 Probate Practice and Procedure details transition periods, the 2017 forms, how to submit queries and changes to practice and procedure affecting, for example, notice of intention and search requests.
NSW – Driver licence disqualifications – major changes
ALERT: The Road Transport Amendment (Driver Licence Disqualification) Act 2017 commenced on 28 October 2017. It reduces some penalties for various driver licencing offence (notably it removes the automatic disqualification for driving unlicensed), it repeals the Habitual Traffic Offender declaration provisions entirely, it removes/amends mandatory minimum disqualifications and it creates an application to the Local Court to remove licence disqualifications after certain offence-free periods.
It is suggested that the last of these will likely create new/increased work for lawyers in the Local Court.
Children and property settlement response time
From 2 November 2017 the time a response to related application must be filed and served in the Federal Circuit Court is extended from 14 days to 28 days: r 4.03(3). See Federal Circuit Rules 2001 for amendments to Schedule 1 – Costs.
VIC, Estates
1. From 1 October 2017 paper forms for the commencement or completion of administration are no longer accepted – replaced by online smart land tax form LTX-Trust-18.
2. From 1 November 2017 provisions of the Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 commence including amendments to intestacy, partners and 30-day survival rule, and repeal of hotchpot. See below for further information.
VIC – Wills – changes to ademption coming in 1 November 2017
From 1 November 2017 provisions of the Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 commence including changes to ademption. See Wills legal Guide and precedents for further information.