Significant changes to Australia’s family law system will come into effect on 10 June 2025, impacting how property settlements are determined following separation. These updates introduce a requirement for courts to consider the economic impact of family violence, clarify the treatment of pets in property disputes, and reinforce the duty of financial disclosure. This article outlines the key changes and what they mean for individuals navigating family law property matters. Process For Determining Property Settlement When considering a property matter, the family law courts must: Identify all property and liabilities (debts) of the parties Assess each party’s contributions to the… Continue Reading
What Buyers and Sellers Now Need to Know Buyers and Sellers of most freehold property in Queensland now need to be aware of the shift in the ‘buyer beware’ contracting position to a mandatory Seller disclosure regime to be introduced under the new Property Law Act 2023 (Qld) (the New Act). This New Act will affect registered residential and commercial freehold properties and will commence on 1 August 2025. Whilst freehold property is affected by the New Act, it will not affect off-the-plan contracts for the sale of unregistered freehold residential and commercial properties. Those off-the-plan sales will continue to… Continue Reading
If you’re buying or selling property in Queensland, you’ll need professional guidance to navigate the complexities of the conveyancing process. At ABKJ Lawyers, we offer expert conveyancing services tailored to the unique needs of Queensland property transactions. Here’s a closer look at what we do and how we can assist you throughout your property journey.
What is transfer duty? Transfer duty, also referred to as stamp duty, is a tax imposed by the Queensland Government on the sale or transfer of property in the state. The Queensland Government offers various concessions to transfer assessed on dutiable transactions including the first home concession and first home vacant land concession. The first home concession applies to individuals who are purchasing their first property. In order to be eligible, individuals applying for the concession must be acquiring the property without ever having held an interest in another property (even overseas). Further, the individual applying for the concession must… Continue Reading
On 6 May 2024, certain sections of the Family Law Act 1975 (“the Family Law Act”) that govern parenting matters changed. These changes impact all parenting cases that are currently before the Federal Circuit and Family Court of Australia (“Court”) regardless of when the parenting case was started. The Best Interests of a Child In this article, we will consider the repeal of old provisions in the Family Law Act that previously governed how the Court would determine what was in a child’s best interests, and the creation of new factors that the Court must now consider. How does the… Continue Reading
On 6 May 2024, certain sections of the Family Law Act 1975 (“the Family Law Act”) that govern parenting matters changed. These changes will immediately affect all parenting cases that are currently before the Federal Circuit and Family Court of Australia (“Court”) regardless of when the parenting case was started. The Family Law Amendment Act 2023 substantially reforms aspects of the Family Law Act that relate to how parenting matters are determined. The major reforms include: The removal of the presumption of equal shared parental responsibility; The removal of the pathway for making orders about the time children spend with… Continue Reading
In November 2023 the Queensland Government made changes to the law which affects contracts and unfair contract terms. These changes broadly aim to prevent unfair terms in contracts by limiting the types of contracts in which these terms can be present, such as making unfair terms illegal when the terms of a contract are non-negotiable. The aim of reforming the law around unfair terms is protecting consumers from these unfair terms where contracts are given out on a standard basis, rather than being specially negotiated between parties. However, contracts can still be considered standard form despite the parties being able… Continue Reading
In February 2024, the Federal Government introduced changes to the Fair Work Act which aimed to strengthen the work-life balance of Australians by providing employees with ‘The Right to Disconnect.’ In the following article, we will define the right to disconnect and outline what the right to disconnect provides employees as well as its limits. Further, we will highlight the expected changes to employment contracts because of the introduction of this right and the date these changes commence for various employers. Lastly, we will outline how disputes between employers and employees regarding this new right are expected to be resolved…. Continue Reading
On 6 May 2024, certain sections of the Family Law Act 1975 (“the Family Law Act”) that govern parenting matters will change. These changes will affect parenting cases that are currently before the Federal Circuit and Family Court of Australia (“Court”) that are not finalised before that date. The amendments will also apply to all new applications before the Court regarding parenting matters that are issued after 6 May 2024. The Family Law Amendment Act 2023 (“the Amendment Act”) substantially reforms aspects of the Family Law Act that relate to how parenting matters are determined. The major reforms include: The… Continue Reading
The Australian Government recently announced upcoming changes to the Foreign Resident Capital Gains Withholding (FRCGW) tax regime, the consequences of which will affect all sellers of real property, both in Queensland and throughout Australia generally. What is the FRCGW tax regime? The purpose of the FRCGW tax regime is to ensure that foreign residents disposing of real property in Australia meet their tax liabilities in relation to the sale of their property. How does the current FRCGW tax regime work? Under the current regime, a buyer of a property with a purchase price of $750,000 or more has an obligation… Continue Reading
