From 1 July 2018 the GST Withholding Regime requires purchasers of new residential premises and potential residential land to withhold a GST component (1/11th or 7-9% if the margin scheme applies) from the purchase price and remit it directly to the ATO. New residential premises are defined as property that has not previously been sold as residential property or […]
GST Withholding Regime commenced on 1 July 2018 Read More »
Peter Speakman & Co is a PEXA-registered law firm and we are able to act for you in all electronic conveyancing transactions including registration of transfers and settlements in the purchase and sale of property, registration of mortgages and discharges of mortgage, caveats and withdrawal of caveats, survivorship applications and transmission applications. PEXA is an
Electronic Conveyancing Read More »
As an additional service to our clients we offer Title Insurance through Stewart Title. We do not receive any form of commission or payment from Stewart Title when referring our clients. Title insurance provides property owners with protection against unknown risks and is a valuable tool to manage these risks. Cover is provided for a
There is a common misconception that s272 of the Property Law Act acts to prevent a landowner’s right to sue for actual physical infringement or encroachment of their property boundary when the infringement or encroachment is less than 50mm (50mm where the boundary is less than 40.3m, or 1/500 of the boundary length where it
Margin of Error & the Application of s272 of the Property Law Act Read More »
In the recent decision by His Honour Justice Garde in Pulitano Pastoral Pty Ltd v Mansfield Shire Council [2017] VSC 421 (27 July 2017) (Pulitano) His Honour held that the Council’s deregistration decision, insofar as it affected Fridays Lane in Bonnie Doone, and its subsequent discontinuance decision were invalid and of no effect, and should
A failure to register your security interests on the Personal Property Securities Register (PPSR) could prove to be a costly mistake. What is the PPSR? The Personal Property Securities Act 2009 (Cth) (PPSA) introduced a single national personal properties security register (PPSR) in 2012 for all debtors, all security interests, all types of personal property.
PPSR – Personal Property Securities Register Read More »
The question before the Court in Anderson v City of Stonnington [2016] VSC 374 (“Anderson v Stonnington”) was whether the laneway in question was a road within the meaning of the Local Government Act 1989 (“LG Act”), the Road Management Act 2004 (“RM Act”) or a highway pursuant to the common law. The Court determined
The new withholding regime applies to contracts entered into on or after 1 July 2016. The regime imposes an obligation on a purchaser who purchases certain types of Australian assets with a market value of at least $2 million from foreign residents to collect and remit 10% of the purchase price to the Australian Taxation
Foreign Resident Capital Gains Withholding Payments Read More »
New fencing laws came into operation in September 2014; the Fences Amendment Act 2014 (Vic) (“FAA”) updated and amended the Fences Act 1968. The main changes made by the FAA are: One simplified process for all fencing and subsidiary work involving the construction of a new dividing fence or the repair of an existing dividing
General Law Land In Victoria, General Law Land (also known as Old Law Land or “NUA” Land (Not under the Act)) is land that has not been brought under the operation of the Transfer of Land Act (TLA). Since 1999 it has been compulsory to bring land under the TLA on transaction (e.g. on the
