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What is the Foreign Resident CGT withholding tax regime?

What is the Foreign Resident CGT withholding tax regime? Any* contract entered into on or after 1 July 2017 for the sale of land for a market value of $750,000 or more requires a vendor to obtain and provide a “Clearance Certificate” to the purchaser otherwise the purchaser must withhold 12.5% of the purchase price and pay that […]

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What’s going on with council approval of swimming pools?

What’s going on with council approval of swimming pools? Commencing April 29, 2016, laws will come into effect which make it a requirement for a Vendor (or a Lessor) to supply a Certificate of Compliance when conveying or leasing a property with a swimming pool. More…

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I want to leave a bequest to a husband and wife together, is the gift as joint tenants or tenants in common?

I want to leave a bequest to a husband and wife together, is the gift as joint tenants or tenants in common? The common law position, as expressed in Re Lysaght (1987) 48 SASR 457, is that unless words of “severance” are present the relevant persons will take as joint tenants. Words of severance include […]

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I am the owner of a lot or unit in a NSW Strata Plan and I want to bring a motion to a General Meeting of the Owners Corporation, what do I do?

I am the owner of a lot or unit in a NSW Strata Plan and I want to bring a motion to a General Meeting of the Owners Corporation, what do I do? The answer is set out in Schedule 2 of the Strata Schemes Management Act 1996 (NSW). There are a number of options. You […]

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My brother is executor of my father’s will and refuses to let me read it. What can I do?

My brother is executor of my father’s will and refuses to let me read it. What can I do? Under NSW law certain people are entitled to inspect or obtain a copy of the will. The list is set out in Section 54 of the Succession Act 2006. More…

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I have been served with a ‘Lapsing Notice,’ what do I do?

I have been served with a ‘Lapsing Notice,’ what do I do? A lapsing notice is a form which once served on the caveator will cause a caveat registered on title to ‘lapse’ after 21 days of the service of the notice unless orders are obtained from Supreme Court for an extension of the caveat. More…

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Wills… why bother?

Wills… Do I really need one? Writing a will is one of those things that many of us put off. I suppose we don’t really like thinking about our death that much. Funny that. It can also loom in our minds that writing a will is a big deal. Hours spent with a solicitor and your […]

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