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General Differences and Similarities Between Laws’ Applications in Australia and Mainland China for the Business World

Albert Mu

Although common-law legal system (like Australia’s) and civil-law legal system (like mainland China’s) has been categorised differently academically, the actual differences and similarities between the two jurisdictions in the commercial/business world are more nuanced than many people may think.

Looking at legislations’ roles, there are a number of Australian statutes that are key to doing businesses in Victoria – they include the Corporations Act 2001 (Cth); the Competition and Consumer Act 2010 (Cth); Goods Act 1958 (Vic); and Retail Leases Act 2003 (Vic). In mainland China, a Civil Code covering a wide range of civil issues (mainly regulating contracts and torts but also includes laws in relation to marriage and inheritance) has been effective from the beginning of 2021. Other legislations such as the Company Law of the People’s Republic of China (updated in 2023) remains critically important. And when it comes to applying laws, legal practitioners in China also needs to consider other important materials which provides general guidance, such as the judicial interpretation guides for the Civil Code that have been published by the Supreme People’s Court of the PRC.

As Australia has a common-law legal system, the existence of the foundational legal doctrine “stare decisis” means case laws, or precedents, need to be followed by certain courts in the future. For example, decisions made by the Supreme Court of Victoria for a certain case will bind lower Victorian courts when making decisions in similar cases. In mainland China, which adopts a civil-law legal system, case laws do not generally have directly binding effects. But this doesn’t mean cases already decided by Chinese courts are not important for legal practitioners – lawyers practicing in China do frequently search for and check precedents to polish their legal arguments too. Both the Supreme People’s Procuratorate of the PRC and the Supreme People’s Court of the PRC also publish “guiding cases” (“指导性案件“), which are very helpful to legal practitioners.

Other important nuances include the fact that in Victoria, torts are still an area which is largely uncodified, despite the existence of the Wrongs Act 1958 (Vic). The Chinese Civil Code, as previously mentioned, does cover torts. It outlines more abstract legal principles like unjust enrichment as well. However, not all legal terms or concepts frequently used in Victoria currently have their clearly dedicated and fully overlapping counterparts in the context of legal practice in mainland China. For example, in contract drafting, “indemnity clauses” are commonly used in Victoria. But to achieve the same effect intended to be ensured by giving “indemnities”, a contract drafted to be used in mainland China usually needs to invoke the more general concept of compensation. In an interesting contrast, the concept of “guarantee” — which is close to the concept of indemnity (in common law) but not fully overlapping because the two concepts still have important differences — is equally broadly used in the business world in Victoria and mainland China.

In the future, the complexity of both Australian laws and Chinese laws may further evolve. Even if most of the concepts or elements in either jurisdiction may eventually be found to have their largely corresponding counterparts in the other jurisdiction, how to correctly locate and apply those concepts or elements in their own jurisdictions is likely to remain fundamentally different expertise.

Albert Mu
March 26

Disclaimer: This publication contains comments of a general and introductory nature only and is provided as an information service. It is not intended to be relied upon as, nor is it a substitute for specific professional legal advice. You should always speak to us and obtain legal advice before taking any action relating to matters raised in this publication.

Not on Title? You May Still Have a Claim to Property

Sofia Vladimirov

In Australia, property ownership is not always as straightforward as whose name appears on the title. While legal title requires formal registration, courts also recognise equitable title, which reflects the true beneficial ownership of property. This means a person may have a legitimate ownership interest even if they are not formally registered. Equitable interests often arise by operation of law, most commonly through resulting trusts or constructive trusts. Victorian courts administer law and equity concurrently, and where there is any inconsistency between the two, the rules of equity prevail to ensure fairness.

Historically, common law courts recognised ownership strictly according to legal title. The registered proprietor was treated as the absolute owner, regardless of whether another person had contributed financially or relied on an agreement or understanding. This rigid approach frequently produced unjust outcomes. To address this, equitable principles were developed to recognise that the legal titleholder may not always be the true beneficial owner. Under equity, the registered owner, known as the trustee, may hold property not for their own benefit but for another person, known as the beneficiary, who holds the equitable or beneficial interest.

One of the most common ways an equitable interest arises is through a resulting trust. A resulting trust reflects equity’s presumption that beneficial ownership should correspond with financial contributions made toward the purchase price. Where a person contributes to the acquisition of property but is not registered on title, equity may presume that the legal owner holds the property on trust for them in proportion to their contribution. This principle was affirmed by the High Court in Calverley v Green, where two parties in a de facto relationship purchased property in joint names but contributed unequally. Despite the joint legal title, the Court held that their beneficial ownership reflected their respective financial contributions.

Resulting trusts may also arise where property is transferred without payment. In such circumstances, equity may presume that the transferor did not intend to gift the beneficial interest, and that the recipient holds the property on resulting trust for the transferor. However, this presumption is not absolute and may be rebutted by evidence of a contrary intention. In certain relationships, such as between a parent and child, equity may instead presume that the transfer was intended as a gift, a principle known as the presumption of advancement.

Even where financial contribution alone cannot be established, an equitable interest may arise through a constructive trust. Constructive trusts do not depend on presumed intention but arise to prevent unconscionable outcomes. As explained by Deane J in Muschinski v Dodds, constructive trusts are imposed not simply because it appears fair, but because it would be unconscionable for the legal owner to deny another party’s interest. Equity intervenes to prevent one party from retaining the benefit of property where doing so would offend equitable principles.

Constructive trusts commonly arise where there has been a shared intention or joint endeavour. For example, in Ogilvie v Ryan, the legal owner promised that the claimant could reside in the property for life, and the claimant relied on that promise to their detriment. In those circumstances, it would have been unconscionable for the legal owner to deny the claimant’s interest. Similarly, in Baumgartner v Baumgartner, a couple pooled their financial resources and treated property as a shared asset. When the relationship ended, the High Court imposed a constructive trust, recognising that it would be unconscionable for one party to retain the entire benefit of contributions made within the relationship. Likewise, in Muschinski v Dodds, the High Court imposed a constructive trust where parties had engaged in a joint endeavour involving property development, and one party had contributed on the understanding that the endeavour was mutual. When that shared endeavour failed, equity intervened to ensure that contributions were properly recognised.

Ultimately, the absence of a person’s name on legal title does not necessarily determine ownership. Equity recognises that beneficial ownership may arise through financial contributions, reliance on promises, or participation in a shared endeavour. These principles ensure that property rights reflect the true substance of the parties’ relationship and contributions, rather than merely the formal position recorded on the title. In appropriate circumstances, courts will intervene to prevent unconscionable outcomes and recognise equitable interests, ensuring that justice prevails over formality.

Sofia Vladimirov
March 26

Why Your DIY Will Could Cost You More Than One Prepared by a Solicitor

Isabelle Hrubos

Ever seen those homemade “Will Kits” sitting right next to Lotto tickets in newsagencies or bookstores? Even some post offices stock these “Do It Yourself” Will Kits — packages with blank documents and basic instructions on how to make your own Will, often costing less than a lunch at a mid-range restaurant.

For just $30, you could have all your “life after death” sorted. But what is the true cost of these Wills?

Consider the case of Roger v Roger Young [2016] WASC 208. Kathleen Rogers left everything to her daughter, Alexandra, who was under 18 at the time of her mother’s death. The Estate, as stipulated in the at-home Will Kit, was meant to be held in trust until Alexandra turned 25. However, the Will was riddled with ambiguity. Solicitors could not determine beyond doubt what exactly “25 years of age” meant, and Alexandra ended up spending $100,000 to challenge the Will and $100,000 to defend it, not to mention the time lost in legal proceedings.

Master Sanderson, the now-retired Master of the Supreme Court of Western Australia, commented:

“On numerous occasions when dealing with so-called homemade Wills, I have observed they are a curse. Homemade Wills that use what is sometimes known as a ‘Will kit’ are no better. This case proves the point… if the Will had been completed by a competent legal practitioner, the problem would not have arisen, and a great deal of trouble and expense would have been spared.”

But the nightmare doesn’t end there. Informal Wills created without a lawyer’s guidance are also more likely to be entirely invalid due to improper witnessing or incorrect signing. Even minor ambiguities can lead to costly litigation which exceeds the price of a properly drafted Will. They are also more vulnerable to Family Provision Claims, for example, if a child is left out or an ex-spouse believes they were inadequately provided for.

While a properly drafted Will may cost next to $1,000 or more, that small investment pales in comparison to the emotional and financial cost of having your wishes compromised after your death. A clear, legally sound Will ensures your estate is distributed exactly as you intend, protecting both your legacy and your loved ones.

Further to this, an Enduring Power of Attorney covers your life while you are still alive. This legal document allows you to appoint someone you trust to make financial or personal decisions on your behalf if you become unable to do so. Just like homemade Wills, improperly drafted or unclear Powers of Attorney can create confusion, disputes, and costly legal battles. Ensuring your Enduring Power of Attorney is correctly prepared by a qualified legal professional provides clarity, safeguards your interests, and gives both you and your family peace of mind.

Contact us today to arrange a consultation and ensure your Will reflects your wishes, protects your family, and gives you peace of mind.

Isabelle Hrubos
January 26

Foreign Purchaser Additional Duty (FPAD) and Absentee Owner Surcharge (AOS) for New Zealand Citizens in Victoria

Alice He

From 26 November 2025, New Zealand citizens who are not Australian citizens or permanent residents are assessed for Foreign Purchaser Additional Duty (FPAD) and the Absentee Owner Surcharge (AOS) based on residency, rather than visa status.

Residency Requirement

To avoid FPAD and AOS, a New Zealand citizen must ordinarily reside in Australia for at least 6 continuous months within the 12 months before and after the property transaction.

Australian Citizens and Residents

FPAD and AOS do not apply to Australian citizens, permanent residents, or Australian residents. From 1 January 2026, a New Zealand citizen is no longer automatically treated as an Australian resident by holding a Special Category Visa. To be considered an Australian resident, they must:

Be present in Australia for 6 months or more in the year preceding the tax year, and

Be in Australia on 31 December of the year preceding the tax year.

If a New Zealand citizen does not meet this test, they may be treated as an absentee owner, meaning the AOS could apply.

What If Circumstances Change?

If a New Zealand citizen cannot satisfy the residency requirement due to work, study, or other reasons, they must notify the State Revenue Office (SRO) within 30 days. The SRO may reassess the FPAD and AOS, but the Commissioner has discretion to adjust the residency period or allow more time if there is a valid reason.

Seek Our Advice

These rules can be complex, and failing to comply may result in unexpected duties or penalties. Contact us today to ensure your property transactions are structured correctly and to confirm whether FPAD or AOS applies in your circumstances.

Alice He
January 26

It Doesn’t End with Your Will: Estate Planning for Companies and Trusts

Tracy Collins

When you think of estate planning, the first thing that comes to mind is probably not your company or trust. Yes, your Will says who will get your assets (and shares), but what happens to your company if you lose decision-making capacity? Can your trust continue to make distributions if the trustee is deceased?

Without proper planning, a director or trustee’s death or loss of capacity can significantly disrupt business operations and create ongoing problems. You should review your asset structures, particularly corporate and trust entities, to determine whether further estate planning is necessary.

Companies

When a company director dies, the company’s constitution and any shareholder agreements typically outline the process for transferring shares and appointing new directors. The deceased director’s shares form part of their estate and are dealt with by the executor in accordance with the terms of the Will or, if there is no Will, the rules of intestacy, subject to any shareholders agreements that are in place at the date of death.

If a director loses capacity, the company’s constitution may provide guidance, or the remaining shareholders may appoint a replacement director.

But what if – as is often the case – the director is the sole director and shareholder? Then there will be no one to appoint a replacement director. In these circumstances, a Company Power of Attorney (also known as a Corporate Power of Attorney) can be a useful tool, allowing another person to act on behalf of the company while the director lacks capacity. This means that the company can continue operating where it would have otherwise come to a halt. Of course, this is something that must be prepared before misfortune strikes.

Trusts

Generally, a trust deed gives the appointor the power to remove and appoint new trustees. This is a good mechanism if a trustee is incapacitated and there is a different person acting as the appointor. However, it is defeated if the trustee and the appointor are the same person.

The statutory protections under the Trustee Act 1958 (Vic) may not be helpful in the event of a trustee losing capacity. Furthermore, an attorney under an enduring power of attorney is not usually able to exercise the powers of a trustee as a trustee is not usually able to delegate the role.

Next Steps

To protect interests operated by trusts and companies, in the event of death or loss of capacity you should at a minimum:

Review who is the trustee of your trusts;
If you have companies or corporate trustees, you should review the relevant Company Constitutions and any clauses relating to succession;
Review your Trust Deeds to ensure that they have sufficient estate planning mechanisms, both on death and on incapacity;
Review whether your trusts include appointor roles and whether the succession planning for this on death and incapacity has been set up;
If you are a sole director/shareholder (particularly for a trading company) arrange for a corporate power of attorney.

Estate planning today is not simply about having a Will. Many of you hold assets in structures that are not governed by your Will (which only operates on death and oftentimes is subject to challenge). Accordingly, you should consider succession planning for trusts, companies and other assets not governed by your Wils.

We can assist with reviewing and advising on your documents. If you require any assistance, please contact Tracy Collins, our accredited Wills and Estates specialist, at tracy.collins@nevile.com.au.

Tracy Collins
January 26

Borneo/Kalimantan Part 3

Peter Nevile

On some of our stops along the river our guide arranged a car. The first stop was to see the rare but famous black orchid. After several hours in the car, we arrived at a fairly dilapidated building which appeared to be a refuge for the rangers of the National Park. We then set out behind the ranger and our guide, trekking through not exactly jungle but more like tall scratchy shrub with a temperature of about 32 degrees and humidity at approximately 95%. It was then that I realised it would probably be my last trek in the tropics. Sometime later, with great elation, our guide found a rare black orchid. Apparently, it only blooms a short time and is very hard to find so we were very lucky Without wishing to appear a philistine, I must say I was a tiny bit underwhelmed. It looked awfully like a white orchid to me, which a fly had walked on and used for its sanitation, creating a number of black spots. ( Sanitation was a constant source of interest to me on this trip) Nevertheless, we appeared suitably impressed and retreated with some relief back to the air-conditioned car.

We then drove for some time in the opposite direction to a Dayak long house. It appeared to be the only one around and kept specifically for tourists. It would have accommodated maybe up to 20 families in separate rooms along one side with a long open space on the other. There were some inhabitants engaged in producing some local handicrafts. However, I suspect they probably went home to something more comfortable in the evenings. Not wanting to appear to have a fixation on sanitation, I was unsurprised to learn that not having water nearby, the rudimentary sanitation was created by having bamboo slats on the floor. Long houses for protection were on raised stilts and the access ladders pulled up in the evenings, making it difficult to attack the inhabitants and much easier to defend. It transpired that the slats in the floor were in fact directly above pens for the pigs and once again, the endless cycle of life was repeated. The Indonesian government. in its infinite wisdom, decided that sanitation arrangements were no longer acceptable, and so removed the pigs.

We spoke to a number of Dayak people who were remarkably well-dressed and working for the government on an environmental project. Returning to our river boat, we proceeded further up the mighty Mahakam, after a refreshing cold shower, mainly because there was not a hot one, and a cold beer courtesy of the ice box.

The next excursion was to a river town where the banks were low and the town basically sat completely on stilts with all the roads being raised platforms between the houses also on platforms. There was a school, administrative offices and some form of celebration going on. We were the only Europeans and in fact, it had occurred to me that we had not seen any other Europeans for a number of days. So, we were to some degree, an item of curiosity. It never fails to amaze me in Indonesia, given the surroundings, how clean the children are in their school uniforms. They often make our children in Australia quite grubby by comparison.

Our itinerary included seeing the orangutans. We travelled for some hours in a car generally along ridge roads arriving at a quite a large town which apparently serviced the extensive coal mining in that area. Previously there had been an Australian owner who had also employed quite a number of Australians. The story was that a well-connected Indonesian company with a well-connected Indonesian owner had now taken over in a questionable spirit of nationalism. Unfortunately, the river or creek we had to navigate was too low to be able to reach the orangutan rehabilitation centre, so we spent the night at a local Chinese restaurant and at a local hotel. I arranged for my laundry, which by that time was beginning to be a sanitation issue all on its own, at an express rate over night. To my surprise it was returned with a bill for an amount equal to $2,40. Fortunately I had se previously seen orangutans in northern Sumatra.

We returned the next day to the riverboat. Driving through many rural areas I am always surprised by how few people are about on the roadside except in villages. They are all engaged in something, perhaps working, resting escaping the heat and humidity or at activities adding to the ever-increasing population. In Kalimantan there was previously a significant influx of people from both Sulawesi and Java under a government program of Transmigration. The houses along the road had the traditional designs from their places of origin. Some came simply because there was more and cheaper land and greater opportunity. Some were Bugis people who were and are still traditional seafarers. They still make their quite beautiful Phinisi schooners in mainly traditional methods. They can be seen being laid out near the shores. Centuries ago, prior to the discovery of Australia by Europeans they sailed from the town of Makassar to the northern shores of Australia with favourable winds to collect trepang or sea cucumber which they smoked. When the winds changed, they returned to Makassar with their bounty and the occasional aboriginal companion. They traded with the Chinese merchants who in turn sent their product to China where it remains a delicacy.

The Tamarind trees along the Northern coast bear testament and proof of their presence well prior to the Dutch explorers and Captain Cook who, despite being pilloried by some of the present generation, was actually well disposed to and protective of the first people. I say that advisedly because in everything I have read confirms they were independent warring tribes with different languages. It does not resemble a nation to me. First or otherwise! Then again, the facts are often the first casualty when they do not fit the desired narrative.

Makassar has been a trading port for many generations with Arabs, Indians, Chinese Portuguese, Dutch, English and most Southeast Asian nations passing through or settling there. Their presence is evident in the facial characteristics of many of its inhabitants. During my visits there I saw a number of people who clearly had aboriginal descendants. I guess the nights and voyages were long or the winds unfavourable.

Part 4 to come.

Peter Nevile
January 26

Potential Issues for Trustees and Directors of Trustee Companies with Sole Directors

Peter Nevile

We have recently noticed that quite a few trust deeds and Trustee company constitutions, where there is an individual trustee or a sole director, do not address the issue of incapacity or death of the trustee and/or the sole director. It can have a significant adverse effect. If you fall into this category, we suggest you contact us to review your trust deed and, perhaps, your constitution. There are relatively new provisions regarding successor directors. Alternate directors have no further capacity or function when the original director loses capacity or passes away.

Peter Nevile
January 26

Moving To a Mandatory Administrative Merger Control Regime Natalie Tran

A Shift to Mandatory Merger Approvals

Commencing from 1 January 2026, Australia will be implementing a new and significant overhaul of its merger control regime. The ACCC will be moving from a largely voluntary review system to a more suspensory and mandatory approval framework for acquisitions and mergers that are capable of meeting such prescribed financial thresholds.

Under this new regime, qualifying transactions shall now be notified to the ACCC and without further ado, cannot be completed until clearance is granted or a waiver is permitted. Such change marks a clear departure from the current approach we hold, where parties can choose whether or not to notify the ACCC and may proceed whilst a review is still ongoing. These reforms are aimed to prevent anti-competitive mergers before they occur, rather than the act of addressing competition harm after completion.

The Faster Path for Low-Risk Deals

In order to ensure that the new system does not unnecessarily slow down any deal activities, the reforms have introduced a new streamlined assessment pathway. These include statutory timeframes for ACCC decision making and notification waivers for clear low risk transactions.

Furthermore, the ACCC expects that the majority of notified deals are to be resolved quickly and efficiently, allowing proceedings to carry along with greater certainty where competition concerns are deemed unlikely.

What Does This Mean for Your Business

The changes will impact all the Australian businesses involved in mergers and acquisitions, including those of private equity firms, foreign investors and serial acquirers. Regulatory engagement and competition analysis will need to occur much earlier in the transaction planning process.

Whilst compliance obligations are going to increase for larger scale transactions, the reforms are aimed to deliver a higher level of transparency, predictability and an internationally aligned merger control system, essentially, strengthening competition whilst enabling timely and efficient deal making.

Natalie Tran
December 25

By Peter Nevile

Arriving in Samarinda, on the mighty Mahakam River, which in turn flows for some one thousand kilometres into the hinterland of Borneo, we came to our river boat, which was to be home for the next 5 days. It was freshly painted wooden boat of local design with a very large diesel engine. There was a captain, a deckhand a cook, and a guide.
Accommodation was the cabin you can see in the photo above, with the small outdoor porch in front. The cabin was about one point four metres high so it necessitated bending on entry. Accommodation was a mattress on the floor. There was nothing else in the room apart from an air-conditioner, which, despite its rather dilapidated appearance, worked quite effectively. Outside on the porch, for want of a better word, there were several chairs, and it was quite pleasant sitting there with a breeze created by the movement of the boat. Borneo is very hot and humid. On the lower deck, there was a wheelhouse for the skipper with a steering wheel and some very basic controls, but a complete lack of instrumentation. To my surprise, it had navigation lights and a small hand-operated search light. On the lower deck the boat effectively had open sides with blinds that could be pulled down when it rained. There was a long table and an engine room with no door. OHS and safety briefings are normally absent and this trip was no exception. Behind the engine room was the Galley and conveniently located but raised slightly and jutting out or suspended from the back of the boat, there was a toilet and shower. There was no hot water, not that the water was particularly cold, and the toilet like much of the sanitation along the river, conveniently emptied directly into the river. There was actually a ceramic toilet, not that it flushed, but with a big bucket and dipper nearby, it operated much like a squat toilet.
We were the only passengers, so it was effectively our boat. The first night we had dinner, washed down with several cold beers. The boat had no refrigeration, but there were several iceboxes. While the boat, in fairness, was not uncomfortable, it was certainly not a luxury tour. Nevertheless, the guide and crew were absolutely charming and helpful to a fault. Every meal contained rice, there were eggs, chicken, fish, bread and a variety of vegetables and fruit. I passed on the fish for reasons which will become apparent shortly.
In Borneo, the rivers are a principal means of transportation; as a result, the villages and houses are built along the riverside. Sometimes they jut out over the water, sometimes they sit on the bank with planks going down to the water. In almost every case, at the water’s edge, there are two logs in the water attached to the bank by ropes with small outhouses built on top of them. Inside several missing planks in the floor create convenient access into the river. providing immediate and effective waste disposal. In many cases, conveniently located adjacent to the small outhouse, there is often a fish farm so that the cycle of life continues endlessly. That is followed by the outhouse for the next property, the fish farm, children washing in the river, women doing their daily washing, collecting water for the house, and so on. Having said that, the Mahakam River is extremely wide and obviously has a high volume of water, as there is no obvious smell one could well expect, nor evidence of the waste products… perhaps the fish are extremely hungry.
We stopped at a number of villages along the river. it became very much like Joseph Conrad’s Heart of Darkness as we continued to travel into the interior. As one of our stops, we embarked on a motorised canoe, headed up to a branch of the river, and then emerged onto an enormous lake. In the middle, it was not possible to see the shores, although it did not appear to be particularly deep. We passed through several fishing villages, all situated on stilts, sitting in the water.
In almost every village, there was a very well-built Mosque maintained in excellent condition. In contrast to the rather rickety houses in general nearby. Having crossed the lake, we journeyed up a small creek and saw a snake up a tree, macaque monkeys, proboscis monkeys, water buffalo, and a variety of birds. The creeks are full of submerged and half-submerged trees and other objects, so the skill of our boatman navigating through the maze was quite extraordinary. We stopped when we heard that another boat preceding us had come to grief on one of the submerged logs. Returning to our boat, and doubtless, a cold beer, we proceeded further up the Mahakam to another adventure which I will relate in the next episode.
Back to the office. Van Ngo, our very experienced property paralegal has been out of the office recuperating from a knee replacement. She has just started to take on some work at home to assist our property team who are under some pressure. We look forward to welcoming her back in January. Having had a similar operation some years ago I would not recommend backing her at the Stawell gift!! It pains me to say we have not been taking on some property work from new clients as we have not had adequate resources to provide the service levels. Happily, with Van’s return, and Alice He starting that will shortly be rectified.
PPSR Personal Property Security Register. Despite this legislation having been in place since early in 2012 it appears that many businesses are still not aware of its application. It turns the old concept of title to goods not passing until payment on its head. Now it is possible in some circumstances to lose ownership of your goods to a third party if your interest in those goods is not properly registered. For example, if you lease goods to another entity or individual, do not register your interest and a third party takes a charge over all the assets of a business then in the event of bankruptcy or insolvency the trustee or liquidator can claim ownership of those goods. The legislation has a wide coverage but does not apply to real estate. We are happy to discuss its application and effect with you.

Peter Nevile
December 25

By Natalie Tran

Major Rental Law Reforms Roll Out Across Victoria: What Landlords and Tenants Need to Know

A significant suite of rental law reforms has now come into effect in Victoria, reshaping the rights and responsibilities of both landlords and tenants. These changes—phased in from November 2025 through March 2026—aim to strengthen housing security, improve safety standards, and streamline the tenancy application and dispute-resolution process.

No-Fault Evictions Are Now Banned

From 25 November 2025, Victorian landlords are no longer permitted to end a tenancy without a valid, lawful reason. Even when a fixed-term lease expires, tenants will automatically transition to a month-to-month arrangement unless the landlord can establish legitimate grounds for ending the tenancy. This marks a major shift toward enhanced security of tenure for renters.

Rental Bidding Prohibited

The same reforms bring an end to rental bidding practices. Landlords and agents must now accept only the advertised rent, and cannot encourage or accept offers above the listed amount. This measure is designed to create a more transparent and equitable rental market.

Longer Notice Periods

Notice periods for rent increases and most notices to vacate have been extended from 60 days to 90 days. This gives tenants more time to adjust, plan, and seek advice when facing significant changes to their housing situation.

Minimum Standards Before Advertising

Properties must now comply with prescribed minimum standards before being listed for rent. These include:

Functional heating
Secure locks
Basic kitchen and bathroom facilities
Safe electrical fittings

This requirement ensures that all rental homes meet a baseline level of safety and liveability from the outset, not after a tenant moves in.

Annual Smoke-Alarm Checks

All rental properties are now required to have smoke alarms checked every 12 months, regardless of when the tenancy commenced. This obligation aligns with broader safety reforms aimed at reducing preventable risks within the home.

Expertise