ByLawyers News and Updates

Purchase – VIC – Additional foreign purchaser land transfer duty exemption

by

Information on this new exemption has been added to the Purchase commentary and 1001 Conveyancing Answers (VIC).

From 1 July 2018 additional duty will only apply to a contract or transaction for residential property for a foreign transferee where the following exemption criteria is not met:

  • The purchase of the residential property is completed jointly with a spouse or domestic partner who is an Australian citizen, permanent resident, or New Zealand citizen who holds a special category visa; and
  • The property will be used as their principal place of residence for a continuous period of 12 months, starting within 12 months of them becoming entitled to possession of the property.

This exemption is available for transfers from 14 June 2018.

 

By Lawyers Alerts – reducing stress

by

To reinforce the currency of our publications, we have extended our Alerts system.

At By Lawyers we are committed to reducing stress for small law firms and ensuring practitioners have what they need, when they need it. Our matter plans provide you with the precedents you are looking for and our commentaries give you as much  – or as little – support as required.

Most importantly, our publications always include the latest in legislative and procedural changes.

Alerts have always been posted in our publications as a way of letting you know, at a glance, of any recent updates to the law and advising you when our precedents and commentaries have been updated. However, sometimes there simply aren’t any changes that you need to know about – and we think you need to know that, too.

From now on, where there are no changes current, our publications will display the reassuring flag ‘Alerts – Nil’.

‘Alerts – Nil’ at the top of a matter plan indicates that there have not been any recent changes in that area of law.

At By Lawyers all members of our editorial team have dedicated areas of law to follow, with state-based cross-checks, ensuring no legislative changes escape our attention. Notifications from legislative, courts and law society sources, to name only a few, are checked and cross-checked daily. When we need to update anything, the digital nature of our publications means that we can post updates – and issue an alert – immediately.

We will always inform you when there is something you need to know. Otherwise, you have no need to worry!

Conveyancing – GST withholding – Supplier notification

by

Where a purchaser is required to make a GST withholding payment, the vendor (supplier) is required to provide the purchaser with a written notice, called a Supplier notification, containing information to help the purchaser comply with their GST withholding obligations.

The notice must be provided to the purchaser on or before the supply. This notice can be incorporated into the contract for sale, or provided separately.

To make compliance easy, we have added a Supplier notification precedent in all of the By Lawyers Conveyancing Sale Guides, under the heading ‘The contract’.

Further information on the new GST withholding requirements for residential properties – and related precedents – can be found in all By Lawyers Sale and Purchase Guides.

Don’t worry, By Lawyers always keep you up to date!

Fed – Immigration – Visa application fees

by

A new section  has been added to commentary in the By Lawyers Immigration Guide which deals with calculating visa application fees and charges.

The new commentary includes a link to the interactive ‘Fees and charges for visas’ page produced by the Department of Home Affairs. This page contains a visa pricing estimator as well as a visa pricing table, which is divided into the following categories: visit, study, work, live, other and repealed or closed visas.

By Lawyers Immigration Guide assists practitioners with every step of the process and streamlines the work involved in acting for clients who need help with immigration matters.

Motor vehicle accident – NSW – Calculating interest

by

New commentary has been added to the Motor Vehicle Accident (NSW) Guides regarding how to calculate a claim for interest for the period from when the loss to which the damages relate was first incurred, until the date on which the damages are awarded.

The amount of interest is to be calculated in accordance with the principles ordinarily applied by a court for that purpose. The rate of interest is to be three-quarters of the rate prescribed for the purposes of CPA s 101: s 4.16(5) – with the “prescribed rate” being the rate of interest prescribed by reg 36.7 of the UCPR.

ACT – Estates – New commentary

by

Our ACT Estates publications have been enhanced to include new bespoke precedents – Costs agreement – Probate and Costs agreement – Letters of Administration, which can be found in folder A. Getting the matter underway in each of the respective publications.

These estate specific costs agreements are customised to suit an estate matter:

  • listing the work typically carried out;
  • listing fees and expenses typically incurred;
  • detailing for handy reference in a schedule the Supreme Court filing fees;
  • also providing in a schedule the solicitor administration costs that may be applicable.

With so much less work required these custom costs agreements will save you time on every estates matter.

The commentary in both Probate and Letters of Administration on distribution of the estate has also been enhanced to include a new section When can an executor safely distribute? covering the procedural requirements in the ACT to ensure the executor or administrator is protected.

Conveyancing NSW – Option to purchase

by

The ‘Option to purchase’ precedent in the By Lawyers Conveyancing – Sale Guide for NSW has been updated so that the s 66ZH Notice in relation to cooling off rights is now incorporated in the document rather than needing to be separately provided.

The wording adopted complies with Form 2, Schedule 5 of the Conveyancing (Sale of Land) Regulations 2017.

We are grateful to one of our user firms who suggested this practical amendment. At By Lawyers we love getting feedback from our users! You can always email us at askus@bylawyers.com.au.

NSW – Family provision – Interim orders

by

Prompted by a recent Supreme Court case, we have added a new section called Interim provision to our 101 Succession Answers Reference Guide, which is included in all of the By Lawyers succession related publications for NSW –  Estates; Wills, Powers of Attorney, Appointment of Enduring Guardian & Advance Care Planning and Family Provision Claims.

Pursuant to s 62 Succession Act 2006 it is possible for a plaintiff who seeks provision from an estate as an eligible person under Chapter 3 to make an application for interim provision,
before – in fact while awaiting – the final hearing. Success in such applications is however very rare.

Before it can make an order for interim provision, the court must be ‘of the opinion that no less provision than that proposed in the interim order would be made in favour of the eligible person concerned in the final order’. The cases suggest this is a very high bar indeed, even for a plaintiff with dire financial need.

We invite you to explore the Family Provision section of 101 Succession Answers to find out more on this interesting topic.

NSW Traffic – Local Court – sentencing options

by

The commentary in the By Lawyers Guide to Traffic Offences – Local Court (NSW) now has a more detailed treatment of the sentencing options which are available to Magistrates when dealing with traffic offences.

Included is a summary of the upcoming sentencing amendments, which are expected to commence in September 2018. This is important information for practitioners to consider when advising clients who may currently be facing court, as bonds which are entered into under the current provisions will convert to be orders under the new provisions  – and any breaches will be dealt with under the new provisions.

Podcast – Personal Injury Guide – Victoria

by

If you are wondering what all the fuss is about with By Lawyers new Personal Injury Guide for Victoria, listen to this podcast from our Senior Consultant and Editor Brad Watts explaining the content and advantages of this newest addition to the By Lawyers litigation guides.

Brad takes you through the new guide from start to finish and discusses key pieces of commentary and the helpful precedents that make it easy to represent a client with a personal injury claim. The content discussed includes:

  • Limitation periods and taking proper instructions
  • Costs agreements
  • Assessing the viability of a personal injury case – elements of negligence under the Wrongs Act
  • Supporting and preparing the claim – gathering evidence from the client and witnesses
  • Settling the claim early through mediation and offers of compromise
  • Managing the case in court

You can access this episode on Soundcloud – or click below to listen!

Connect with us