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In addition to the review of the Contract and Vendor Statement, it is also essential that a purchaser conducts their own due diligence. ‘Due diligence’ refers to the searches, enquiries and inspections that a buyer may undertake when considering whether to purchase a property.

Whether you are a first home buyer or experienced property investor, one of the first steps you should take when purchasing a property is to have the Contract of Sale and Vendor Statement reviewed by a lawyer.

It is expected in Australia that both parents have an obligation to financially support their child(ren) after a separation or divorce. Whether you are paying or receiving child support, payments can be a significant concern for parents going through a separation so it is important you understand your rights in relation to child support.

I am not sure why, but there seems to be some confusion amongst people that they need to be separated for 12 months before they start the process for a property settlement. This isn’t correct. As I have previously mentioned, you need to wait 12 months after separation to get divorced but not for a property settlement.

While caveats provide an affordable and effective option to parties to prevent registered landowners from engaging in unauthorised dealings inconsistent with a caveator’s right and interest in land, there are various risks of which parties and solicitors ought to be aware.

If you are relying on the proceeds from the sale of your property to purchase another, then you may require a simultaneous settlement. This is a common situation where you arrange for the settlement of your current property and the settlement of your new property to happen at the same time.

The State Taxation Acts and Other Acts Amendment Bill 2023 (“Bill”), introduced into the Parliament of Victoria on 3 October 2023, proposes several amendments to Victoria’s taxation laws.

Once your property is sold, you and the purchaser will need to agree on a settlement date. During this period, the vendor is still the registered proprietor of the property and, subject to any contractual arrangements to the contrary, is responsible for keeping the property maintained.

An encumbrance is an interest in a piece of land by someone other than the registered proprietor. Encumbrances place limitations on a property and may affect how a property can be used and developed. Examples of encumbrances include mortgages, easements, covenants, section 173 agreements and caveats.

The need for greater work-life balance for families has recently been recognised by Parliament which has resulted in changes to the way parental leave applies to the majority employees.

The Vendor Statement (also referred to as a Section 32) is a legal document separate from the Contract however generally given to the purchaser at the same time.

Landlords under retail leases who do not give their tenant an annual estimate of outgoings cannot recover outgoings from that tenant.

The Contract of Sale is a legally binding agreement between the Vendor and Purchaser. The Contract of Sale includes the usual details of the particulars of the transaction including whether the property is sold with ‘vacant possession’ or ‘subject to a lease’ and the inclusions or exclusions such as fixtures and fittings, carpets, lights etc.

Once you have decided to sell your property, the first consideration will be: how much is it worth? Getting your own valuations/appraisals is important in deciding if selling is viable, if it is the right time, and if you can afford to purchase your next property. Once you know that selling is right for you there are two people you will need to get involved. A real estate agent and a lawyer.

“Fatigue” and “resignation” are words that became infamous to the aged care sector during the COVID-19 pandemic.

The National Employment Standards (NES) under the Fair Work Act 2009 (Cth) (FW Act) mandate the minimum notice period an employer must provide to terminate an employee's contract. However, the concept of "payment in lieu of notice" is often misunderstood. This article aims to provide an overview of what payment in lieu of notice entails, its legal implications, and common misconceptions in practice.

The amount of first conferences lawyers have where they are told, “I only want a fair property settlement”. Well, what does a fair outcome mean? From the outset, your lawyer is not going to (well really shouldn’t) give you a definitive outcome.

When and why might the Court remove the executor of a deceased estate? When does an executor’s ill health warrant their removal? Moore J considers these matters in the recent decision of Jedrzejewska v Sheedy [2023] VSC 511 (30 August 2023).

According to statistics generated from the AIFS, the median age of Australians who divorce has risen, with the average female being 43 years old and the average man being almost 46 years old.

HECS/HELP debts have become topical recently with high inflation causing HECS/HELP debts to rise by 7.1% in June 2023. With rising levels of debt together with more and more people pursuing tertiary education, we are starting to see people ask us whether HECS/HELP debts are considered in a family law property settlement.