Tracey Curro Case Lessons on Elder Abuse and Powers of Attorney
The Tracey Curro Case: A Complex Dispute Involving Enduring Powers of Attorney The Tracey Curro case stands as one of Australia’s most complex and publicised disputes involving enduring powers of attorney (EPOA) and elder abuse. This case highlights the critical importance of vigilance, regular review, and transparent family communication in the management of EPOAs. Even […]
Understanding Consequences of Withdrawing from Property Deals in Victoria
Implications of Pulling Out of a Property Deal Pulling out of a property deal isn’t as simple as walking away. Once the contract of sale has been executed, it becomes legally binding, and terminating the transaction can lead to serious financial and legal consequences. This is particularly important to understand in Victoria, where property laws […]
Buying Property in Victoria Subject to Finance Pros and Cons Explained
Should I Buy “Subject to Finance” in Victoria? When purchasing property in Victoria, the option to include a “Subject to Finance” clause in your offer can be a significant consideration. This clause can provide essential protection for buyers, particularly if your financing has not yet been fully approved. However, it is important to weigh the […]
Navigating Inheritance Disputes Lessons from Robert Holmes à Court
When a Fortune Becomes a Legal Minefield The sudden death of Robert Holmes à Court, Australia’s first billionaire, in 1990 at the age of 53, serves as a poignant reminder of how quickly fortunes can become legal minefields. His passing not only left behind a vast fortune but also ignited a complex web of inheritance […]
Understanding the Importance of Zoning Certificates in Real Estate Transactions
Understanding Zoning Certificates A zoning certificate, often referred to as a 10.7 Planning Certificate, is an essential document that provides critical information regarding the planning restrictions and development potential of a specific parcel of land. For anyone involved in real estate transactions, understanding the nuances of obtaining a zoning certificate is vital. Recognizing its importance […]
Division 296 Tax: The Estate Planning Wake-Up Call for SMSF Trustees
Overview As Division 296 moves from policy discussion to legislative reality in Australia, Self-Managed Super Fund (SMSF) trustees and their advisers must reassess their estate planning strategies. The introduction of this tax regime, targeting high superannuation balances, presents significant implications for succession planning, death benefit nominations, and the management of reversionary pensions. Legislative Status Division […]
Understanding Subject to Finance in Australian Real Estate
Understanding ‘Subject to Finance’ in Australian Real Estate Buying a home is an exhilarating experience, but it can also be a nerve-wracking one. Once you’ve found your dream home, the next crucial step is determining if you can afford it. This is where the term ‘subject to finance’ comes into play. In Australia, this term […]
Division 296: What the New $3 Million Super Tax Means for SMSF Trustees
With the Federal Election now behind us, Treasury has confirmed that the proposed Division 296 “earnings tax” on superannuation balances above $3 million will proceed from 1 July. While draft legislation is still being refined, the core policy settings are now clear and SMSF trustees should start planning—especially where significant real property sits inside the fund. Key Features of the […]
Government Green Lights Commutation of Legacy Pensions for Improved Retirement Planning
Government Provides Green Light for Commutation of Asset Test Exempt Legacy Pensions The landscape of legacy retirement products is undergoing significant changes with the introduction of the Social Security (Waiver of Debts – Legacy Product Conversions) Specification 2025. Released on March 28, 2025, this legislative instrument aims to address a critical policy conflict regarding the […]
Understanding Property Caveats and Their Importance in Real Estate
What Is A Property Caveat? Property caveats are essential legal instruments in the realm of real estate, playing a vital role in protecting the interests of individuals or entities that have a claim on a specific land or property. Serving as a statutory injunction, a property caveat effectively notifies others of the claimant’s interest and […]
