By Peter Nevile

Risk Management/Asset Protection

Holding your principal place of residence in your spouse’s name.

As part of risk management strategy, we often advise our clients to ensure that they separate their assets from their risk, generally known as quarantining.  Where one party is the principal breadwinner and, particularly if they are a director of a company or run a business, there is always risk. It is therefore important to safeguard the family assets. Accordingly, we suggest they quarantine the principal place of residence in the spouse’s name. While this is best done on the initial purchase,  a transfer from joint names to their spouse’s name can be done with a stamp duty exemption.

Often the property has been purchased with joint assets and the party exposed to risk  may have made significant contributions to  the deposit and the mortgage or other costs relating to the property over the years. In 2002 there was a case of Bosanac v Commissioner of Taxation. This is a pivotal case in Australian equity and trust law.  It concerns the presumption of resulting trusts and the presumption of advancement. In this case the married couple purchased a property, paid the deposit from their joint account and financed the balance through two joint loans. However, the property was registered solely in Ms Bosanac’s name. Mr Bosanac had significant tax debts, and the commissioner of taxation sought to establish that Ms Bosanac held 50% of the property on trust for her husband so the ATO could satisfy the tax liability.

The High Court decided that she did not hold any part of the property on trust for her husband, the reasons were as follow:

  1. The presumption of resulting trust implies that a person who contributes to the purchase price of a property but is not on title, retains a beneficial interest was not applicable. The evidence didn’t support any intention for Mr Bosanac to have a beneficial interest.
  2. The presumption of advancement implies that in the case of a married couple, where one spouse contributes to the purchase of a property registered in the name of the other, there’s a presumption of advancement — i.e., that the contribution was a gift, not a trust.
  3. The court noted that the property’s title was solely in Ms Bosanac name and there was no indication that the parties intended for Mr Bosanac to have a beneficial interest.

It is important in such circumstances to have extremely clear documentation and an understanding of property ownership arrangements between the spouses.

If you are considering quarantining that is separating your assets from your risk, then please do not hesitate to contact us to discuss this matter further. Please also note that in this case the property was purchased  in the wife’s name at the outset not from a later transfer.
Peter Nevile.


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.

By Meng Cheong & Linnea Cederberg

The Hidden Risks of DIY Contract Templates in Business Deals

We get it. You’ve got a business to run, a million things on your plate, and the internet is offering you a shiny new online contract template — cheap or even free! All it takes is a quick download, a few edits, and boom: legal peace of mind… right?

Not quite.

While a “copy and paste” approach might work for a recipe or a gym routine (debatable), it’s a risky move when it comes to legal agreements. Here’s why relying on a cheap contract template or generic online contract can leave your business exposed — and why getting tailored legal advice is worth every cent.

Why One-Size-Fits-All Contract Templates Don’t Work

That free or low-cost contract template promising to “cover all your legal needs”? Think of it like a ‘one-size-fits-all’ poncho: it kind of works, until it rains sideways and you’re drenched.

Every business is different. An online contract template that doesn’t reflect your unique terms — like payment triggers, exit rights, or indemnity protections — can leave you wide open when something goes wrong. And that’s usually when you’ll really need it to hold up.

Cheap Contract Templates Are Often Not Australian Law Compliant

Many online contract templates are drafted for other countries, using overseas laws or outdated legislation. That might fly in Florida, but not in Footscray.

Using a UK contract template or US legal document in Australia can breach local consumer laws, competition rules, or corporate regulations — or even render your contract unenforceable.

We’ve had clients tell us they used a UK contract template because “Australia follows the same common law.” While our legal system shares roots, our consumer protections, unfair contract terms laws and business structures are uniquely Australian. Relying on a foreign contract is like driving on the left in New York because it works in Sydney — a recipe for disaster.

Franken-Contracts: When You Mix Multiple Contract Templates

Mixing and matching from different free contract templates is like building a bike with parts from three different IKEA furniture sets — it wobbles, creaks, and eventually collapses.

We call this Frankenstein Contracts or Franken-contracts.

We’ve seen plenty of these “Franken-contracts” with contradictory clauses, missing essentials, or language so vague even lawyers struggle to decipher the intention. These inconsistencies breed disputes — and disputes breed litigation.

Online Contract Templates with the Wrong Dispute Resolution Clauses

Some online contracts include dispute resolution clauses naming far-off jurisdictions like Delaware or New York. Others forget dispute clauses altogether. That’s fine — until there’s a disagreement and suddenly you’re trying to resolve a business dispute using laws from another country.

We’ve had to help businesses untangle themselves from contract templates that locked them into irrelevant laws, or offered no process to resolve a problem. By the time they call us, they’re already knee-deep in legal costs.

The Illusion of Safety: When Contract Templates Look More Legit Than They Are

A cheap contract template might look the part — headings, clauses, and even the word “Limitation of Liability.” But that doesn’t mean it actually protects you.

Think of it as a discount parachute. It might look fine on the ground, but you don’t want to test it mid-air.

Why Using an Online Contract Template Can Cost You More in the Long Run

Here’s the truth: The cost of legal advice is likely to be much less than the cost of an uninformed decision.

What seems like a saving now — downloading a free online contract template or skipping a lawyer’s review — can quickly become an expensive problem. We often see clients come to us after they’ve signed something generated from an online contract generator or AI tools like ChatGPT. They didn’t get legal advice at the time because it looked fine — until it wasn’t.

Now they want out of the deal, but discover they’ve overlooked key issues that only a lawyer would have asked about in a proper client consultation. Drafting a contract isn’t just about words on a page — it’s about understanding context, identifying risks, and applying judgement. That’s where legal training matters, and ChatGPT can’t replace that.

Why Getting Tailored Legal Advice Beats Any Online Contract Template

A good commercial lawyer doesn’t just fill in blanks. We:

  • Make sure your contract reflects your specific deal
  • Ensure compliance with Australian laws and regulations
  • Allocate risk fairly between parties
  • Ask the right questions to catch what a contract template never could

A contract should protect your business — not blow up in your face the moment something goes wrong. Think of tailored legal advice as an investment in peace of mind. Often, it’s the difference between a successful deal and an expensive legal mess.

In short: Don’t let a cheap online contract template become a costly mistake. Get proper legal advice. Your business (and your future self) will thank you.

Need help reviewing a contract template or drafting one that actually suits your business?

We’re here to help — whether it’s to sense-check something you’ve found online or to prepare a contract from scratch that reflects your deal, complies with the law, and protects your interests. Just get in touch with us today.


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.

By Nuriye Gokmen

On the surface, buying or selling a business can seem fairly straightforward — agree on a price, list what’s included, and set a date for settlement. But in practice, there’s much more to it than meets the eye.

Behind every sale are a number of legal, financial and operational matters that need to be properly considered and addressed. Overlooking these can lead to major problems for both buyers and sellers.

Why rushing can go wrong

We often see clients eager to finalise the deal quickly and move on. Unfortunately, this approach can leave critical issues unresolved. Some common examples include:

  • The seller not having proper ownership of the business name.
  • Buyers becoming responsible for unpaid employee entitlements that pre-date the sale.
  • Problems with transferring leases, including lack of landlord consent or undisclosed lease issues.
  • Business assets (like equipment) being broken, missing, or not legally owned by the seller.

These are just a few of the risks that can arise when parties skip proper due diligence or fail to obtain the right advice during the transaction.

What you should be thinking about

If you’re preparing to buy or sell a business, here are some of the key areas that should be reviewed and dealt with early in the process:

1. What is being sold

It is essential to agree on is what is exactly being sold and included in the sale of the business.

2. Purchase Price

if you are selling the business, how will the purchase price be apportioned? Further, tax consequences of selling a business will differ depending on how the purchase price is apportioned.

3. Lease Agreements

Does the business operate from leased premises? If so, the landlord’s formal consent is likely required to transfer the lease. This process isn’t automatic — if handled incorrectly, the buyer could be left without legal occupancy rights

4. Key Contracts

If the business relies on important contracts (such as supplier agreements or customer arrangements), check whether those contracts can be assigned. Most agreements contain conditions or require consent for assignment and ignoring these could mean the buyer doesn’t get the benefit of those arrangements.

5. Employees

What will happen to the staff? Sellers need to consider how employee entitlements are to be adjusted, while buyers must understand what liabilities they’re inheriting. The distinction between employees and contractors is also important, particularly when calculating leave, redundancy or other entitlements.

6. Training Periods

If you are buying the business, do you need assistance from the seller to assist with the operation of the business pre and post completion?

7. Intellectual Property

Is the business name registered? Are there trademarks, logos, or other IP assets that need to be formally transferred? Buyers should ensure they’re getting ownership of all branding and intangible assets necessary to operate the business.

8. Licences and Permits

Some businesses require a licence or permit to operate (for example, food or liquor licences). These may take time to transfer — or may not be transferrable at all — so it’s critical to plan ahead and factor this into the settlement timeline.

9. Due Diligence

It’s essential to undertake a proper review of the business. This includes examining financial statements, employee arrangements, key contracts, assets, liabilities, and any ongoing legal or regulatory issues. Don’t rely solely on advertising material or verbal representations.

Key take aways

Selling or purchasing a business can be a fun and exciting time, but make sure you get the legal work done properly, get in touch with us for clear, practical legal advice.


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.

By Jack Nevile

It’s a busy time in property since the rate cuts. Residential prices are creeping back up, commercial vendors and purchasers are transacting again after a few quiet years, and people holding mortgages are breathing a collective sigh of relief as further cuts on the horizon look increasingly likely. 

As the new Financial Year arrives, don’t forget that if your property has been empty since 1 January this year, and it isn’t exempt, you will be donating at least 1% of its value to the Department of Treasury, thanks to Vacant Residential Land Tax. If this is you, please contact us immediately to discuss possible options. 

After ramping up land tax on investors, we’re running out of investors. Many are selling, with those homes are being bought by owner-occupiers, which is great news – more people are finally able to own the homes they live in. The bad news is that Treasury wants that revenue back and has found a solution. 

The Fire Services Levy has been renamed to the Emergency Services and Volunteers Fund, and the Treasurer decided to double the cost for good measure. It is calculated on the Capital Improved Value of your property, and there is no owner-occupier exemption like land tax. This is a universal land tax in all but name, and is collected by Councils rather than the State Revenue Office, ensuring voter’s anger is directed at local councilors rather than state MPs. You’ll see the increase show up on your Council Rates bill next month. 

The Premier wants renters off gas appliances, although backed down on banning gas stovetops for now. This means landlords will have to replace gas hot water systems when they reach end of life with electric alternatives, such as heat pumps. Gas heaters must be replaced with electric versions at their end of life as well. From 1 January 2027, all new homes must be entirely electric, including stovetops. 

It isn’t just gas that has landlords sweating. From 1 March 2027, ceiling insulation must be installed on property lacking it before any new lease can be signed, as must draught sealing and a 4-star water efficiency showerhead. Currently, there’s only a requirement for living areas to have heating, but this will be expanded to heating and air conditioning to help tenants in the scorching summer heat. 

If you’re looking at buying property, selling property, or anything in between, contact Jack Nevile at jack.nevile@nevile.com.au 


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.

 

By Morgan Collens

As we approach 2025, several awards will introduce updated definitions and minimum pay rates for entry-level classifications. Here’s an overview of what’s changing and how you can prepare.

What’s Changing?

Key changes are being implemented for some awards, including:

  • Limited duration for introductory classifications: Introductory classifications will only apply for a defined period, typically during an initial training or induction phase.
  • Updated minimum pay rates: New rules and minimum pay apply for these classifications.

These changes take effect from:

  • 1 January 2025 for most awards
  • 1 April 2025 for the Horticulture Award and Pastoral Award.

These adjustments stem from the Fair Work Commission’s Review of C14 and C13 Rates in Modern Awards, ensuring a fair and relevant minimum safety net for all employees.

To find out if your award is affected, check the List of Affected Awards and determine whether the changes apply from January or April 2025.

Introductory Classifications: New Rules

Introductory classifications, often labeled as “C14,” “introductory,” or “Level 1,” apply to employees in the initial stages of their role. From 2025:

  • These classifications will only apply for a maximum period (no longer than 6 months), which varies by award.
  • Progression to a higher classification can occur earlier if employees demonstrate the required skills or qualifications.
  • Employees not covered by introductory classifications must be paid at least the National Minimum Wage.

Example:

Zac, a new hire at a metal fabrication company covered by the Manufacturing Award, starts as a Level C14 employee. During his induction, he learns that he will move to Level C13 after 3 months or sooner if he demonstrates the necessary skills. Zac’s quick learning enables his progression to Level C13 after just 2 months.

Minimum Pay Adjustments

For some awards, the minimum pay rates for introductory classifications will increase on the first full pay period after:

  • 1 January 2025 for most awards
  • 1 April 2025 for the Horticulture and Pastoral Awards.

Employers should discuss any changes to employee classifications or progression timelines before these dates.

Example:

Sabrina, a new pest control technician, starts at Level 1 under the Pest Control Award. After completing training and gaining experience, she moves to Level 2 within 6 months, as per the award’s requirements.

Preparation Tips

Start Early: Entities can voluntarily align with these standards before they are mandatory. Early adopters may gain investor confidence and refine their processes ahead of deadlines.

Conduct a Gap Analysis: Review current reporting practices to identify improvements needed to meet the new requirements.

Build Internal Expertise: Equip teams with the necessary tools and training to handle the complexities of climate reporting.

Engage Auditors: External assurance will play a critical role in validating the accuracy of climate-related disclosures.

How to Prepare

Employers and employees should take the following steps:

  1. Check your award: Determine if the changes affect your industry and when they take effect.
  2. Review the final determination: Access detailed rulings from the Fair Work Commission’s Review of C14 and C13 Rates in Modern Awards.
  3. Update payroll systems: Ensure systems reflect the new classifications and pay rates.
  4. Communicate with employees: Inform affected staff about any classification changes or adjustments to their pay rates.
  5. Access updated tools: Use the Pay and Conditions Tool or updated pay guides to calculate rates.

Enterprise Agreements

For employees covered by enterprise agreements, new classification rates under the applicable award will still apply from:

  • 1 January 2025 for most industries
  • 1 April 2025 for horticulture and pastoral industries.

Employers should verify that introductory rates in their agreements meet at least the minimum rates outlined in the relevant awards.

List of Affected Awards

Below is a selection of awards with new introductory classification rules and minimum pay rates:

  • 1 January 2025: Airline Ground Staff Award, Manufacturing Award, Textile, Clothing, Footwear and Associated Industries Award, and more.
  • 1 April 2025: Horticulture Award, Pastoral Award.

For a complete list, visit the List of Affected Awards page.


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.

By Morgan Collens

The Australian Government has introduced a phased approach to mandatory climate-related financial reporting, aiming to improve transparency and accountability in how companies address climate risks and opportunities. This initiative aligns with global standards such as the Task Force on Climate-related Financial Disclosures (TCFD) and seeks to provide stakeholders with consistent, reliable climate data.

Who is Affected?

The reporting requirements apply to entities that are already required to report under Chapter 2M of the Corporations Act, including large listed companies, significant unlisted entities, and certain subsidiaries of foreign businesses. Public sector entities will face similar requirements, though charities and some public authorities are exempt.

Key Timelines

Group 1 Entities: From 1 January 2025, entities meeting two of the following thresholds will begin reporting:

  1. 500+ employees,
  2. $1 billion+ in consolidated assets, or
  3. $500 million+ in annual revenue.

Group 2 Entities: Reporting starts from 1 July 2026, applying to entities with:

  1. 250+ employees,
  2. $500 million+ in assets, or
  3. $200 million+ in revenue

Group 3 Entities: Effective 1 July 2027, capturing smaller entities with:

  1. 100+ employees,
  2. $25 million+ in assets, or
  3. $50 million+ in revenue.

The staged approach allows larger entities to lead the adoption, creating a framework for smaller businesses to follow.

What’s Required?

1). Climate Statement

The climate statement forms the core of the Sustainability Report and includes disclosures as required by the Australian Sustainability Reporting Standards (ASRS). Key elements are:

  • Climate Risks and Opportunities: Identification of material financial risks and opportunities related to climate change.
  • GHG Emissions Data: Reporting on Scope 1, 2, and 3 emissions, with reduction targets where applicable. Notably, Scope 3 emissions reporting begins in the second reporting year and requires only data that is reasonably available.
  • Governance, Strategy, and Risk Management: Information on how the business governs and manages climate risks and opportunities, including metrics and targets.
  • Scenario Analysis: Entities must evaluate their resilience to at least two global temperature scenarios—one exceeding 2°C and one limited to 1.5°C.

2). Climate Statement Notes

  • These notes provide additional detail and transparency, covering:
  • Any regulatory or ASRS-required disclosures.
  • Key assumptions, limitations, and methodologies used in preparing the climate statement.
  • Supplementary information to ensure clarity and compliance.

3). Directors’ Declaration

  • A transitional approach applies to directors’ declarations:
  • Initial Period (2025-2027): Directors must confirm “reasonable steps” were taken to comply with the Act.
  • From 2028 Onward: A higher standard applies, requiring directors to declare full compliance.

To support directors during this transitional period, entities may voluntarily seek assurance for climate disclosures, even before it becomes mandatory.

Preparation Tips

Start Early: Entities can voluntarily align with these standards before they are mandatory. Early adopters may gain investor confidence and refine their processes ahead of deadlines.

Conduct a Gap Analysis: Review current reporting practices to identify improvements needed to meet the new requirements.

Build Internal Expertise: Equip teams with the necessary tools and training to handle the complexities of climate reporting.

Engage Auditors: External assurance will play a critical role in validating the accuracy of climate-related disclosures.

Why This Matters

Climate reporting is becoming a vital aspect of corporate accountability, reflecting a shift towards sustainable business practices. These requirements will ensure that Australian businesses contribute to global efforts to mitigate climate risks while meeting the growing expectations of investors, consumers, and regulators.


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.

By Jeffrey Stone

I am pleased to advise that Australia has launched a new subclass 858 National Innovation Visa (NIV). This new program will replace the Australia Global Talent Independent (GTI) program which will be closing at the end of the year.

Known for its prosperity, stability, and cultural diversity, Australia is not only a sought-after lifestyle destination but also a hub for innovation. The new National Innovation Visa (NIV) is a unique opportunity for highly skilled, high income individuals who are interested in gaining permanent residence in Australia.

The eligibility requirements and the application process for the new NIV remain largely the same as those for the previous GTI program.

These requirements are:

  • Applicants must submit an Expression of Interest (EOI) and be invited to apply for the NIV
  • Applicants must be nominated by an individual or organization in Australia, operating in the same field as the applicant
  • Applicants must have an internationally recognized record of exceptional and outstanding achievement, be still prominent in their field and be an asset to the Australian community
  • Applicants must have the ability to establish themselves in Australia
  • Applicants can be any age, however those under 18 or over 55 must be of exceptional benefit to the Australian community

The program will provide a direct pathway to permanent residence for highly skilled and talented academics, global researchers, innovative investors and entrepreneurs, as well as world renowned athletes, artists or entertainers and others involved in creative endeavors.

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.

By Jeffrey Stone

Subclass 482: Skills in Demand Visa

  • Temporary skilled worker visa with up to 4 years validity
  • Clear pathway to permanent residence
  • Will have 3 streams – Specialist Skills, Core Skills and Labour Agreements 
    1. Specialist Skills stream: Will be for highly skilled migrants earning at least $135,000 in any occupation except trades workers, machinery operators, drivers and labourers
    2. Core Skills stream: Will be for skilled employees and there will be a new Core Skills occupation List and a Core Skills Income Threshold
    3. Labour Agreement stream: The TSS Labour Agreement stream will be renamed the Skills in Demand Labour Agreement stream
  • Work experience requirement reduced to one year
  • As the TSS visa will be replaced by the SID visa existing short-term and medium-term streams of the TSS visa will close to new applications.
  • The Department are currently working on this, and it will commence in 2024 before the end of the year.

Subclass 858: National Innovation Visa

  • Will replace the Global Talent visa but remain a Sc 858 visa
  • Will have a place for a broad range of high calibre talent with a diversity of backgrounds such as :
    • Global researchers and thought leader e.g. published in leading journals, high levels of publications and citations, recipients of top of field awards
    • Entrepreneurs both established and emerging with lessons taken from successful State and Territory led initiatives
    • Innovative Investors with a focus on the quality of investment, not simple thresholds
    • Athletes and creatives particularly those that represent Australia internationally
  • Applications will be by invitation only and the EOI process will more closely reflect that of other invitation only visas.
  • The Department are currently working on this, and it will commence in 2024 before the end of the year.

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.

By Morgan Collens

Starting November 18, Victorian families dealing with probate – the legal process of validating a deceased person’s Will – will face significant fee changes, with increases impacting estates valued at more than $250,000.00. The State Government, citing the need to cover rising Supreme Court costs, has increased the tiered fee system for probate. Critics argue the fee hikes are akin to “death tax by stealth”, imposing additional financial burdens on grieving families.

What are the Changes?

Under the new system, estates below $250,000 will now have their probate fees waived, providing some relief to smaller estates. However, for those with assets between $250,000 and $500,000, fees will jump from $68.60 to $514.40, marking an increase of 645%. Estates valued between $500,000 and $1 million will see a 180% increase, while fees for estates between $1 million and $2 million will rise by 250%.

New fee tiers have also been introduced for multimillion-dollar estates. For example;

  • Estates between $2 million and $3 million will pay $4,801.00
  • Estates valued between $3 million and $5 million will be charged $7,185.00
  • Estates exceeding $7 million will incur a maximum probate fee of $16,803.00

The Government emphasizes that for most Victorians, whose estates are valued under $2 million, probate fees will remain lower than in comparable states like New South Wales and South Australia.

Government’s Justification

The State Government argues that these fee increases are essential to covering the cost of managing larger and often more complex estates, which can consume extensive court resources due to disputes over will validity, property rights, or disputes among beneficiaries. Acting Attorney-General Enver Erdogan pointed out that fees will now be capped at 0.24% of an estate’s value.

Erdogan also noted that less than 6% of Victorian estates are valued at more than $3 million, but these often require substantial court time and resources. “We’re making the system fairer by keeping probate fees for small to medium-sized estates lower than those in NSW and South Australia,” he said.

Concerns and Opposition

The opposition, however, strongly criticizes the timing and scale of these changes. Shadow Attorney-General Michael O’Brien contends that these fee hikes will place an unjust burden on grieving families, accusing the government of using a “death tax by stealth” to generate revenue. The increase, announced just before the Melbourne Cup public holiday, has also drawn scrutiny over limited public consultation and transparency.

Public feedback gathered by the Department of Justice and Community Safety showed widespread opposition to the changes, with 94% of respondents expressing concerns. Key worries included the affordability of probate, potential barriers to accessing the justice system, and the possibility that higher costs could open doors to elder financial abuse.

What This Means for Families

For families handling estates in the higher brackets, there could be unexpected expenses. Although the Department of Justice suggests options like securing loans or using law firms to temporarily cover probate fees, critics argue this is unrealistic and adds strain during an already difficult time.

Ultimately, these fee changes bring Victorian probate costs closer to those in other states, with officials maintaining that they are essential for sustaining the court system. Still, questions remain on whether these increases will truly improve access to justice or merely shift financial burdens onto families when they’re most vulnerable.

As the new probate fees come into effect, families navigating the probate process should review estate values carefully, consult with legal advisors, and consider any additional administrative costs involved.

Table of Updated Fees

Gross Value of Estate

Standard Fee

Less than $250,000

$0.00

$250,000 or more but less than $500,000

$514.40

$500,000 or more but less than $1,000,000

$1,028.80

$1,000,000 or more but less than $2,000,000

$2,400.50

$2,000,000 or more but less than $3,000,000

$4,801.00

$3,000,000 or more but less than $5,000,000

$7,185.20

$5,000,000 or more but less than $7,000,000

$12,002.60

$7,000,000 or more

$16,803.60

 

 

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.

By Jack Nevile

The year is almost at an end and the market entering what is usually its slower holiday period. But with property taxes levied on 1 January, including the increased land tax, the absentee owner tax, the vacant residential land tax, and the short stay levy, we may not see the same slowdown that we usually do – it can be quite expensive to wait until next year! If your property is on the market, calculate what taxes you’ll pay to hold it over Christmas – it might be cheaper to accept a slightly lower offer now, than a slightly higher offer in January. Since 1 January 2024, land taxes can no longer be passed on to purchasers.

To encourage new housing, the off-the-plan stamp duty concession has been extended to all buyers regardless of price or whether you’re an occupier/investor. It may mean a lot more townhouses in particular, which are usually priced above the old threshold. If you’re in the market for something off-the-plan, get in quick because this discount will only last for 12 months.

Changes to the Rental Tenancies Act have again been announced, protecting tenants and scrutinising landlords more closely. Lease breaking in particular will have financial penalties capped to 4 weeks’ rent, evidence will be required for any claims on the bond, rent-tech apps will no longer be able to charge tenants fees (long overdue, in my view) and when the draft legislation comes out, we’ll be having a close look to see what else they tuck in there.

Melbourne prices continue to lag and are now cheaper than every other capital except Darwin and Hobart. Sydney, previously flying high, has started to edge lower as well. If you owned a home worth $1m, here’s the dollar difference over the past 12 months:

Image

(via @rabbit_wealth on Twitter)

Many wonder if the Americans, Kiwis and Canadians are cutting rates, why aren’t we? They’re cutting from 5.5%, whereas ours topped out at only 4.35%, still well below theirs. Australian inflation is expected to be second highest in the developed world in 2025. The bond market is having second thoughts about whether those cuts are really in the bag, with the 10-year yield going from 3.7% in September to 4.5% today.

Gross rental yields are about the same 4.5% level on units, with houses about 2.6% and presumably pricing in capital gain to make up the difference. While money in the bank doesn’t have outgoings, maintenance, rates, manager fees, or leaky taps, the number of properties on the market is basically unchanged over the past 6 years. So obviously there are a lot of owners receiving the rental yield and feeling pretty happy to sit tight.

General consensus, judging solely from the industry conferences we attend, is that Melbourne property is more affordable than in previous years, which is great news for young Victorians. The handouts and discounts the government is lavishing means that the lower end of the market hasn’t seen significant declines. Some of my clients are buying their landlord’s property because after factoring in the 25% the government will lend (interest free, in exchange for 25% equity), the mortgage payments are cheaper than rent!  Prices remain quite strong in the middle ring suburbs too.

Almost everybody who wants a job has one, and wages continue to be strong. The Queensland election has shown that handouts win votes, so expect some bread and circuses in 2025, with the Victorian election in 2026. With Melbourne comparably cheap to the rest of the country, immigration still on full throttle, and asset prices in general starting to take off, it would be a brave person who bet against the market in 2025. But then again, the Victorian Government might have a few more taxes up its sleeve, and the full effect of the already-legislated ones won’t appear on land tax bills until March. Time will tell!

If you’re looking at buying a property, selling a property, or anything in between, contact Jack Nevile at jack.nevile@nevile.com.au.


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.

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