CML Lawyers

Invest Now or Cry Later: Stamp Duty Discounts for Investors abolished in Victoria

Investors looking to diversify into the Victorian property market should note that existing  concessions for stamp duty relief for off the plan purchases will be abolished from 1 July 2017. The Victorian Government announced that stamp duty (land transfer duty) savings for investors buying property off the plan will not apply for investors for contracts […]

Collective Sale and Renewal

Apartment blocks are being unlocked for redevelopment – this presents opportunities, and challenges, for owners and developers alike! There is a shortage of housing, the Australian dollar is cheap and foreign buyers seem keen to buy our real estate. The NSW government has announced changes to strata laws to enable strata owners to redevelop their […]

Change of Trustee Concession Rules

When the trustee of your trust retires, or you appoint a new trustee, you usually only pay nominal stamp duty of $50. The Chief Commission of Stamp Duties looks at the transfer of property carefully to check that the transfer is not really giving someone new the benefit of the property. The old rules required […]

Conversion from Company Title to Strata Title – Is it Right for Your Company?

The Advantages of Strata Title when compared with Company Title Conversion from company title to strata title can result in tangible benefits. Unit ownership via company title is an older form of unit ownership than strata title, and was the only way to own home units prior to 1961. The owner’s right to sell or […]

It’s all up in the AirBnB

In our previous article “Holiday Lettings Unlawful in Some Residential Areas”(link below), we discussed the case of Dobrohotoff v Bennic [2013] where a neighbour was frustrated by a nearby home being leased for wild parties including hens’ and bucks’ nights. Since then there have been developments in this interesting area of law. First, there is […]

ATO Dragoons Prestige Property Purchasers to be Tithing Tax Collectors

A tax grab of biblical proportions… Anyone buying or selling property in Australia with a value of $2 million or more is caught by new tax collection rules from 1 July 2016. Vendors selling property for $2m or more must obtain a CGT  “clearance certificate” from the Australian Taxation Office (ATO) confirming that they ARE […]

Don’t Lose Sleep Over Noisy Neighbours!

Noisy neighbours are common, especially when you live in an apartment building. However, you can, with the support of your body corporate, do something if the noise is caused by a change in flooring. This was demonstrated in the recent case of 18 Kingsford Street. The Facts 18 Kingsford Street is 5 lots in a residential building. […]

Is Mr Fluffy in your Roof?

The Government will test for free if you register before 1 August 2016.  If you do not register for testing by 1 August 2016 you will not have access to Government compensation  if your property is affected by Mr Fluffy. If your house was constructed before 1980, you should register for free ceiling insulation testing. You must […]

Caravan Park Operators On Notice

The Residential (Land Lease) Communities Act 2013 No 97 has just been amended to give caravan park residents more rights.     New rules of conduct for caravan park operators require the operators to: act honestly, fairly and professionally, exercise reasonable skill, care and diligence, not engage in high pressure tactics, harassment or harsh or unconscionable conduct, and not disclose confidential information.  […]