21-30 of 186 results
Beware the stamp duty pitfalls of nominee clauses and resulting trust exemptions – discussion of the Victorian case of Hartman
The recent Victorian case of Hartman1 demonstrates the potential stamp duty dangers of relying on nominee clauses in transactions involving land (or other dutiable property). The VCAT decision highlights the importance of settling, if possible, on the identity of the ultimate transferee prior to execution of a contract and, above all, the need for developers and other purchasers of land to seek advice before relying on a nominee clause or otherwise seeking to transfer title to a third party. ...
Are diversification leases the answer?
The WA Government has proposed to introduce a new form of non-exclusive land tenure. These proposed diversification leases would be suitable for hydrogen and other renewable energy projects. ...
New changes aim to improve cash flow for suppliers to government post COVID-19
Businesses supplying goods or services to the Federal Government need to be aware that they may need to modify their procurement processes to support shorter subcontractor payment time periods, under recent changes to federal procurement policies. ...
Key changes to COVID-19 commercial tenancy protections: what do landlords need to know?
NSW's retail and commercial leasing regulations have been amended, now requiring (in addition to the protections under the original regulations) landlords not to increase rent, and to renegotiate rent and other lease terms, before taking enforcement action against eligible impacted tenants ...
Commissioner victorious in taxing cross-border trust distributions of capital gains
The Full Federal Court has confirmed a controversial view held by the Commissioner of Taxation (the Commissioner) on the taxation of capital gains from non-taxable Australian property made by Australian resident discretionary trusts that are distributed to foreign resident beneficiaries. ...
Dumped: When a tenant walks out, who is responsible for abandoned waste?
The New South Wales Environment Protection Authority (EPA) has issued a prevention notice requiring a landlord to clean up hundreds of tonnes of hazardous e-waste abandoned by its tenant. ...
Commercial landlords during the NSW COVID-19 lockdown: how can you take lease enforcement action and against which tenants?
NSW's new retail and commercial leasing regulations are now in force, requiring landlords to use mediation before taking enforcement action against eligible impacted tenants during the current COVID-19 lockdown. ...
WA Government passes Security of Payment reforms
The statutory right to receive payment claimed and the rapid adjudication process, amongst other changes introduced by the Building and Construction (Security of Payment) Act 2021 (WA) (Act), will govern construction contracts entered into after commencement of the Act. ...
A tale of two courts: are wind farm assets fixtures or chattels?
Wind farms and other renewable energy sponsors should be aware of two recent decisions of the Supreme Courts of Victoria and New South Wales, which have raised doubt over whether wind farm assets are chattels or fixtures. We briefly explore the key findings of each court and consider some broader repercussions of these decisions for the renewable energy industry. ...
Proposed Design and Place SEPP – creating further complexity in our planning system?
The Explanation of Intended Effect for the proposed Design and Place SEPP, presently on public exhibition, signals major change to the assessment requirements for all development in NSW. Improving design outcomes in the built environment is important, but will the proposed SEPP be the right vehicle to achieve this objective, or will it add another layer to an already complex planning system? ...