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, 30 day survival rule, and repeal of hotchpot. See the Estates Legal Guide and Precedents commentary for further information.
Property settlement – filing a response
From 2 November 2017 the time a response to related application must be filed and served is extended from 14 days to 28 days: subrule 4.03(3).
See Federal Circuit Rules 2001 for minor amendments to Schedule 1 – Costs.
Transport Accident Claim update (TAC)
The indexed amounts have been updated and commentary about Notice of Accident has been included.
Asset test thresholds
The asset test threshold amounts have been updated in the wills retainer instruction precedents.
Wills – resignation of trustee
A provision has been included in the will precedents to provide for the resignation of a trustee without being replaced, provided one remains.
VIC – Land tax smart form for deceased estates
New land tax online smart form Deceased estate – Commencement or completion of administration (LTX-Trust-18).
This form replaces the paper forms LTX-Trust-13 and LTX-Trust-14, which will not be accepted beyond 30 September 2017.
Assets and liabilities list
A new ‘tear off’ assets and liabilities list has been added to the retainer instructions Wills, powers of attorney precedent. This list may assist clients when they wish to provide more detail in their planning, as well retained by the client with their personal documents.
SA – Changes to Cats and Dogs legislation
Some amendments to the Dog and Cat Management Act 1995 came into effect 1 July 2017 including new registration categories: Standard Dog – for a de-sexed and micro-chipped dog; and Non-standard Dog – being all other dogs including dogs for breeding and working dogs on farms.
Coming in on 1st August new minimum welfare conditions that must be met.
Further requirements associated with de-sexing and micro chipping will come into force 1st July 2018.
VIC – State Revenue Office amendments
From 1 July 2017:
- exemption of transfer duty for transfers between spouses is only available for principal place of residence. Transfers following breakdown of relationship are unchanged and the exemption continues to apply to all properties.
- off-the-plan duty concession is restricted to properties acquired by owner/occupiers who are eligible for the principal place of residence or first home buyer duty concessions.
- First Home Buyers:
- Who purchase a property to the value of $600,000 will pay no duty, with concessions available for properties between $600,000 and $750,000.
- Who purchase in regional Victoria a new home to the value of $750,000 may apply for the First Home Owner Grant of $20,000. Criteria includes the property must be the applicant’s principal place of residence for a continuous period of 12 months, moving in within 12 months of completion.
- From 27 June 2017 Australian Defence Force personnel enrolled to vote in Victoria on duty or on leave are exempt from the residence requirement for the First Home Owner Grant.
Land Tax
From 1 January 2018, vacant residential properties in the inner and middle ring of Melbourne will be subject to a vacant residential land tax of 1 per cent of the property’s capital improved value. A property will be considered vacant if it is unoccupied for six months or more in a calendar year. The six months does not need to be continuous. There are exemptions for many properties including for vacant land.
QLD – Office of State Revenue amendments
First Home Buyer Grant
The First Home Buyer Grant of $20,000 has been extended to 31 December 2017.
Land tax
An ‘absentee surcharge’ introduced from the 2017-2018 financial year. A 1.5% surcharge will be imposed on individuals not ordinarily residing in Australia and who are liable for land tax.