The precedents and commentary have been updated to reflect the new requirements regarding loose-fill asbestos insulation.
NSW – Contracts for the Sale of Land
The Conveyancing (Sale of Land) Regulations 2017 will come into force 1 September 2017 affecting contracts for the sale of land.
The main changes are to the disclosure obligations requiring the following to be annexed to the contract:
- both the sewer mains and the connections diagrams are now required; and
- for a strata or community plan property ALL by laws must be attached including the model by-laws.
Changes to contract warnings include:
- a new warning about loose fill asbestos; and
- the swimming pools warning has been removed.
Commentary, precedents and the By Lawyers Contract for Sale of Land have all been updated.
NSW – Workers compensation – weekly benefits
Injured workers in NSW who have been receiving weekly benefits for more than five years, risk losing their entitlement from September 2017 unless they can establish a whole permanent impairment of at least 21%. This assessment can only be achieved by obtaining a Medical Assessment Certificate via the Workers Compensation Commission. Note this assessment cannot be obtained by agreement with the insurer.
Practitioners should be aware that these workers are being contacted by the insurers about this issue and may therefore contact their lawyer seeking advice. Funding for the provision of advice and medical assessment can be obtained from the Workers Compensation Independent Review office (WIRO).
NB: Injured workers and employers may also be contacted by insurers or icare to notify them of changes, as two insurance companies (CGU and QBE) are no longer providing claims service to workers compensation at 31 December 2017. This is a purely administrative change.
Estate filing fees
The costs agreements and retainer instructions have been updated to reflect changes to the Supreme Court filing fees.
Businesses changing hands
The commentary was updated to include an expanded discussion about employment agreements and the handling of employee entitlements when a business changes hands.
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.
Retirement villages in NSW
A complete guide on the law and practice as it applies to Retirement Villages in New South Wales including 
a comprehensive treatment on obtaining accommodation and services within a retirement village, living there, and ending a residency including on sale, on termination, and on death.
This guide is available through the Conveyancing (NSW) publications as well as Leases (NSW).
– Precedents in the guide include:
– Retainer Instructions;
– To-do List;
– Checklist for prospective residents;
– Various letters of advice on commencing residency, completion and moving out;
– Various letters to the operator; and
– NCAT application forms.
The commentary includes information on the fundamental terms of the statutory regime, the standard contracts and mandatory documents, duties taxes and rates, taking occupation, living in a village and ending a residency including death and termination, payment of refund by the operator and dispute resolution.
NSW – Latest conveyancing changes
LPI fees increase from 1 July 2017
Retail Leases
Major changes include abolition of the 5 year minimum term, the inability to claim outgoings not disclosed, and the introduction of penalties for failing to comply with key aspects of the legislation.
By Lawyers Contract for the sale of land
- Updated for the Foreign Resident Capital Gains Withholding Payment changes; and
- Land tax adjustment section amended to elect if foreign resident land tax surcharge is adjustable.
NSW – OSR changes
First Home owner
- First Home New Home scheme ended 30 June 2017 and was replaced by First Home Buyers Assistance scheme. From 1 July 2017 first home buyers of new OR existing homes to the value of $650,000 will pay no duty. Concessions are available between $650,000 and $800,000. There is no change to the caps for vacant land which are exemption to $350,000 and concession from $350,000 – $450,000.
- First Home Owner Grant (New Homes) scheme property caps are amended from 1 July 2017. The cap for purchasing a new home is $600,000, or $750,000 for the house and land when building a new home under a home building contract or by an owner builder.
Shared Equity Scheme.
A person may purchase a property with an approved equity partner. Subject to eligibility the home buyer may apply for first home buyers assistance and grants. Subsequent transfers from the equity partner to the home buyer are exempt from duty. Principal place of residence land tax exemption is applicable from 2018 tax year.
New Home Grant scheme.
The $5,000 grant for any purchaser of a new home ends 30 June 2017.
Payment of duty in off the plan purchases.
From 1 July 2017 the 12 month duty liability deferral is only available to purchasers who declare their intention to occupy the property as their principal place of residence. If the property is not occupied for 6 months commencing within 12 months of completion interest and penalty tax apply from the lability date.
Foreign Purchaser Surcharge Duty.
Foreign Purchaser Surcharge Duty has increased from 4% to 8% .
Commercial residential property is exempt – retrospective to 21 June 2016.
Permanent residents, including NZ citizens holding a special category visa, are exempt from the surcharge on their principal place of residence if they occupy the home for a continuous period of 200 days within 12 months of purchase.
Australian-based developers will pay surcharge purchaser duty when purchasing the land however may be entitled to a refund on the sale of a new home built by them, if they are an Australian corporation.
Foreign Person Land Tax Surcharge.
From the 2018 tax year the surcharge land tax rate will increase from 0.75% to 2% and commercial residential property will be exempt. Permanent residents, including NZ citizens holding a special category visa, are exempt from the surcharge on their principal place of residence if they occupy the home for a continuous period of 200 days within the land tax year.
Australian-based developers will pay surcharge land tax, however may be entitled to a refund on the sale of a new home built by them if they are an Australian corporation.
From 1 July 2017 – Foreign Resident Capital Gains Withholding Payments
For contracts entered into on or after 1 July 2017 the new foreign resident capital gains withholding (FRCGW) rate and threshold will apply to:
- real property disposals where the contract price is $750,000 and above (currently $2 million); and
- the FRCGW withholding tax rate will be 12.5% (currently 10%).
All precedents and commentaries were updated to reflect these changes.