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Selling property in Victoria – S32 Vendor’s Statement
Selling property in Victoria – S32 Vendor’s Statement Anyone who sells land in Victoria is required to disclose certain information to the purchaser by providing a disclosure statement. This statement is commonly known as a “vendor’s statement” and must be provided to the purchaser before the purchaser signs a contract for sale. In October 2014 […]
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Traps for so called ‘Sophisticated Investors’
Traps for so called ‘Sophisticated Investors’ The Australian Securities and Investments Commission (ASIC) takes a firm stance against those who manipulate ‘sophisticated investor’ exemptions for retail investors interested in acquiring securities in a corporate body. Generally, when companies raise funds by offering shares to the public, they must make available to prospective investors certain disclosure […]
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Buying and Selling a property at the same time
Buying and selling a property at the same time Buying or selling property is widely accepted as one of life’s major stress factors. When you buy and sell property at the same time and try to complete both transactions together this can add considerably to the stress levels. This is known as a simultaneous settlement […]
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Are you the executor of a Will facing a family provision claim?
Are you the executor of a Will facing a family provision claim? An executor is the legal personal representative appointed under a Will to oversee the administration of the estate of a deceased person. An administrator has a similar role however is appointed by the Court when a person dies without leaving a Will or […]
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Does your business have a Will?
Does your business have a Will? Most people recognise the importance of having a Will to determine how their estate is distributed when they pass. If you are self-employed, a partner or co-director, having a ‘Will’ or succession plan for your business is equally important. Think about what may happen to your business when a […]
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De facto relationships and Will contests
Different jurisdictions in Australia provide statutory rights for eligible persons to contest a Will if they can show that they have been left without adequate provision by the testator. In Victoria, an eligible person may include: a current spouse or domestic partner of the deceased children, step-children, and those treated as a natural child of […]
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Self-Managed Super Funds – Buying Property
Since 2007, self-managed super funds (SMSF) have been permitted to borrow money to invest in all types of real property including residential property, commercial property and industrial property. Prior to 2007, SMSFs could purchase property but were not permitted to borrow money to buy a property that the fund could otherwise not afford. There are […]
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Minimising directors’ liability – deeds of indemnity, access and insurance
Company directors have many responsibilities when carrying out their duties. Generally, company directors and officers are not personally liable for a company’s debts. Certain circumstances however can arise where directors may find themselves facing legal or other regulatory action exposing them to personal liability. Generally, the more complex the role, the greater the risk. In […]
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Company directors diverting business opportunities and fiduciary duty
Company directors diverting business opportunities and fiduciary duty A director’s position in a company is one of power and trust. As a consequence, a director has a duty to act in good faith and in the best interests of the company. A director’s obligations are determined by statute under the Corporations Act 2001 (Cth) and by his […]
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Understanding easements in your property contract
Understanding easements in your property contract Identifying and understanding easements in a property transaction is an important part of the conveyancing process. Vendors are generally required to disclose all easements affecting the land they propose to sell in a property contract, and buyers should ensure they are aware of the impact an easement will have […]
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