ByLawyers News and Updates

Purchase of real property – TAS

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The By Lawyers Purchase of real property guide for Tasmania has been reviewed and enhanced.

Enhancements resulting from this extensive review, which will assist Tasmanian property practitioners, include:

  • Various sections of commentary have been revised and re-ordered, to better reflect the usual flow of the purchase process.
  • The Matter plan now includes a separate section for Property Transfer Duty.
  • There are new and amended commentary headings, for improved searchability.
  • The commentary under the Property heading has been expanded to include a discussion of the various types of title.
  • Commentary under the Price and Taxes headings has been re-organised and expanded.
  • The coverage of Disclosure and Property Transfer Duty has been enhanced with references to the standard contract and common practice.
  • There is new commentary on the Submission of Transfer and Notice of Sale.
  • New commentary has been added on the specific stages of the settlement process for purchase of property.
  • All precedents have been reviewed and enhanced where necessary to reflect current practice.

Practitioners are also reminded of the Library of special conditions located on both the Sale of real property and Purchase of real property matter plans. These useful precedent clauses are located in Folder C. Contract and Folder D. Negotiations and exchange, respectively. This extensive library contains eighty drafted special conditions which can be cut and paste into the contract, either directly or with bespoke amendments, to suit the specific requirements of almost any transactions and circumstances.

This review is part of the continuing commitment of By Lawyers to updating and enhancing our publications to help our subscribers enjoy practice more.

Transfer of real property – Family Law – FED

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Often the resolution of Family Law matters requires a transfer of real property between the parties. Transfers pursuant to the Family Law Act 1975 attract transfer duty exemptions or the payment of only nominal duty. Each state and territory has its own process to effect the transfer of real property in the context of relationship breakdowns.

Information has been added to the 101 Family Law Answers reference manual which helpfully sets out the processes for the transfer of real property due to relationship breakdown. The relevant stamp or transfer duty information for each state or territory is also available in 101 Family Law Answers.

The necessary forms for transferring property between parties are accessible from the Property Settlement matter plan. They are located in the Library of real property transfer and duties forms in the Settling it early or Finalising the matter folders.

The process is the same whether the relationship was a marriage or a de facto relationship.

101 Family Law Answers is available as a related guide in all By Lawyers Family Law publications. It provides more detailed information and relevant cases on the various Family Law matter types – Property Settlement, Children, Financial Agreements and Divorce. It also covers some general procedural issues and the enforcement of orders.

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