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Significant Changes to NSW Duty and Land Tax in 2024

Key changes to NSW Duty and Land Tax take effect as of 1 February 2024, from the Treasury and Revenue Legislation Amendment Bill which assented on 27 September 2023.The reform introduces substantial amendments aligned with the NSW Government’s 2023-24 Budget. Key changes are set to impact land tax, corporate reconstruction, consolidation transactions and landholder duty, demanding attention and strategic planning from affected individuals, businesses and investors.

Summary of some of the key reforms include: [...]  READ MORE →

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When is Trade Mark Infringing

There are many circumstances where the use of a logo, image, word, phrase or other form of mark may be infringing on a registered trade mark. However, it can sometimes be difficult to comprehend or identify when infringement occurs where it is not clear if the alleged infringing mark is actually being used as a trade mark.

Pursuant to s 120 of the Trade Marks Act 1995 (Cth) (“the Act”), a person can only infringe a registered trade mark. Therefore, if a person uses a trade mark but has never taken steps to register the trade mark with IP Australia (and obtain registration), they do not receive the protection and exclusive right provided by the Act to make a claim and/or prosecute infringement of their trade mark. [...]  READ MORE →

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I have an unsecured debt with a bankrupt – will I get any money back?

If you are an unsecured creditor in a bankruptcy, you might be one of the last few creditors to be paid. In some cases, there may be no funds left to be distributed to you once the secured creditors are paid. However, there is a way of increasing your chance of getting some of what you are owed back.

Priority of creditors

The priority of creditors depends on whether a creditor is a secured or unsecured creditor. Secured creditors are those who have a security interest (for example, a mortgage or charge) over some or all of the debtor’s assets. Unsecured creditors have no security over the debtor’s assets. Unsecured creditors normally rank after secured creditors in the event of a bankruptcy. [...]  READ MORE →

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WILL DISPUTES IN NSW

WILL DISPUTES IN NSW – FAMILY PROVISION CLAIMS

 When a family member passes and you have been left out of the will or if you think that you have not been adequately provided for in the will, you could consider disputing the will by making a family provision claim. Making a family provision claim would enable an eligible family member to receive a greater share of the deceased’s estate. We are observing an increasing rise of will disputes and contested estates.  

Who is Eligible to make a Family Provision claim?

In New South Wales, section 57 of the Succession Act 2006 allows certain people to make a family provision claim, for provision from a deceased person’s estate. The categories of “eligible persons’’ include: [...]  READ MORE →

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Get out of (Liability) Gaol Free under section 447A

By Jacob Reardon a Solicitor of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group.

Section 447A of the Corporations Act 2001 (Cth) (“the Act”) enables the Court to make such orders as it thinks appropriate as to the operation of Part 5.3A of the Act. Since its introduction, the Courts have adopted an expansive construction of the provision and have liberally applied the power in a variety of contexts. Accordingly, the provision has become something of a panacea for multiple ills in the context of voluntary administration and has been used in various instances among others to: [...]  READ MORE →

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THE HYBRID COURT: SEPARATION LAWYER REVIEWS HOW FAMILY LAW CASES ARE MANAGED IN A POST-LOCKDOWN WORLD

In 2020, the Family Law Courts and Separation Lawyers were forced to completely shift their mode of operation from face-to-face hearings and paper files, to online hearings and electronic court files, all thanks to the COVID-19 pandemic.

2 years later, in 2022, the Court’s methods have begun to shift into a more hybrid approach to the management of Family Law cases. Many court listings are still being conducted by way of Microsoft Teams, particularly when dealing with more administrative issues. Other court listings are now in-person before the court. The court file remains electronic, requiring parties to upload their court documents by way of the Court’s electronic file management system. [...]  READ MORE →

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New Health Orders and police powers for Apartment Buildings

COVID-19 Laws – New Health Orders and police powers for Apartment Buildings

On 6 September 2021, the Minister for Health and Medical Research introduced a new COVID-19 Health Order. The revised Order includes additional provisions to facilitate government lockdowns of specific apartments.
In short, the Order offers the Minister the power to declare a building as a “high COVID-19 risk premises”. This declaration can be made if at least one dwelling in the building is considered a COVID-19 risk premises and there is a risk of transmission of COVID-19 between the residents. The declarations will be made on the NSW Health website.
Unless the Minister revokes the declaration, a building will remain a high COVID-19 risk premises for 14 days. During this time residents must not leave their residence unless they are instructed to do so by an authorised medical practitioner or the police, or in the case of an emergency. [...]  READ MORE →

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Short-term letting restrictions and how they impact you

Short-term letting restrictions – PART 2

Short-term letting restrictions and how they impact you

We have previously written an article about the short term letting issues affecting property and strata participants back on 6 March 2021 (You can read it here). In short, it dealt with Part 1 of the legislative framework to regulate the short term letting situation. It involves the NSW Fair Trading’s mandatory code of conduct (which regulates the conduct of short term letting, presuming it is permissible) and the Strata Legislation (which allows the strata schemes to ban short term letting in lots that are not a principal place of residence of the owner or occupier). [...]  READ MORE →

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Can a non-family member initiate a Will dispute?

Not everyone can initiate a will dispute. A person intending to bring an action for a will dispute must meet the requirement of standing.

A person is considered to have standing where he or she has an interest in the estate of the deceased. A person who may satisfy the requirement of standing might include a person who was entitled to share in the estate under the valid will preceding the disputed will.

However, even where a person may be unable to dispute a will due to their lack of standing, they may be able to contest a will. [...]  READ MORE →

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I don’t have a Will: what are the consequences?

Without creating a Will or contacting an Estate Planning Lawyer to assist in creating a Will, your estate may be inherited by people you may not wish to benefit from your death. According to the Succession Act (2006) The hierarchy for relatives receiving the estate is as follows:

  • Spouse
  • Children of the deceased
  • Parents
  • Brothers and Sisters
  • Grandparents
  • Aunts and Uncles
  • First Cousins

This list is exhaustive and the estate will be provided and divided to the next available relative category. For example, if you don’t have a spouse or children, your estate will be divided amongst your parents, and if no surviving parents, your brothers and sisters equally, and so on. [...]  READ MORE →

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A marriage lawyer explains time limitation for proceedings

Approaching any marriage lawyer when filing an application for a divorce order can be daunting and overshadowed by emotion. The breakdown of any relationship brings uncertainty and stress. It is important to consider any legal requirements that may apply when finalizing the arrangements for children and/or distributing assets. A marriage lawyer will consider the Family Law Act 1975 which provides time limitations for the bringing of property claims.

In the recent decision of Welland & Hawthorn [2021] FedFamC1A, the Full Court heard an appeal from the dismissal of an application for leave which sought to bring property settlement proceedings out of time. In determining the duration of the parties’ de facto relationship, the Court found that separation had occurred in February 2016. Since the de facto wife filed her application in November 2019, it was 20 months out of time. The de facto wife had two children who lived with her when the de facto husband was incarcerated. It was claimed that the de facto wife had relied on assurances from the de facto husband in 2017 and 2018 in the form of financial provisions. Although the applicant spouse engaged multiple marriage lawyers between 2017 and 2019 no proceedings were actually brought. [...]  READ MORE →

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How to Choose the Right Executor

One of the most significant aspects of effective estate planning is choosing the right Executor. Your Executor is the party responsible for managing the administration of your estate and the distribution of your assets to the beneficiaries in accordance with your Will. As the obligations of your Executor will vary depending on your Will, it is important to discuss with an estate planning lawyer the precise scope of what your Executor will be required to do.

A number of different factors will influence your decision when choosing an Executor and it is important that this decision should be regularly reviewed. Generally, this is something you should reconsider each time your Will is updated. [...]  READ MORE →