(03) 9720 2922

Jansen Walsh and Grace


Since 1981 Jansen Walsh & Grace Conveyancing & Commercial Lawyers have helped people in Melbourne's Outer Eastern Suburbs and the Yarra Ranges buy and sell their homes (conveyancing), drafted their wills, got probate, advised them on business structures (companies, partnerships, trusts and joint ventures) and business and property solutions, such as property investment, superannuationcommercial and retail leases, property development and subdivisions, their horses, etc.  We are one of the oldest firms in Melbourne's Outer Eastern Suburbs and we have been longer in Wantirna, Wantirna South and Studfield than any other firm. 

Many of the former clients of Vaughan Kelly & AssociatesDavies & Gullquist, and Commercial Tenancy Advisers have moved across to us.


Special Offer

Conveyancing: advice on your Contract of Sale before you buy: normally $275, but only $110 (free if use us to assist you with your purchase) or $150 for off-the-plan (free if you use us to assist you with your purchase).


Hoofbeats
Our advice on 'Divorce, but what happens to your horses?' is featured on page 45 of the June/July 2018 issue of Hoofbeats magazine.  For more information, go to our equine law webpage.


What we do

We provide the full range of advice on conveyancing, business structures and business solutions, such as:

 

                  

Effect of the royal commission into banking industry on purchasing your property
Buyers who are borrowing part of the purchase price are now being required by their lenders to pay a deposit of up to 15%, not the usual 10%.  Since 1 May 2018, we have seen the banks' credit departments take much longer to approve loans to buy your home or purchase an investment property, in addition, they are now applying stricter lending criteria.  This is a consequence of the hearings of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.  For this reason, we advise you to consider whether you should make your purchase subject to finance for a period longer than the usual 10 days (often a vendor of a commercial property will not sell subject to finance) and to extend the time for settlement until 60 days.  The usual 30 days for conveyancing might not be time enough for your lender.

GST withholding tax for some property developers
A new GST withholding regime comes in on 1 July 2018.  The GST on almost all contracts for the sale of “new residential premises” or “potential residential land included in a property subdivision plan” will be withheld by the purchaser.  The idea is that the purchaser will remit it to the Commissioner of Taxation.  This will adversely affect your cashflow if you are a property developer who is selling new properties.  In order to protect you, our Contract of Sale has two alternative mechanisms to ensure you can can claim a credit.

New investor loans drop
New loans to purchase investment properties have dropped to the lowest level for 6 years.

Latest news and updates for property developers, property investors and business owners
For the latest news and updates for property developers, property investors and business owners, go to our news webpage.



"What is conveyancing?"
Conveyancing is work carried out in connection with certain property transactions including, for example, the sale of a freehold interest in land or the grant of a mortgage.  Conveyancing work may be performed by conveyancing lawyers and by people who are not lawyers.  Non-lawyers wishing to carry on a conveyancing business for fee or reward must be licensed by the Business Licensing Authority and comply with other requirements under the Conveyancers Act 2006.

"What is a conveyancing lawyer?"
Conveyancing lawyers are lawyers who undertake both ordinary conveyancing (preparing agreements, conveyances, transfers, leases or mortgages in the course of those transactions) and advanced conveyancing (adverse possession, removal of restrictive covenants, removal of easements, planning appeals, water rights, applications for removal of caveats, injunctions, land under the Settled Land Act, etc).

"Can a licensed conveyancer carry out legal work?"
Licensed conveyancers are authorised to carry out some legal work in connection with conveyancing transactions including preparing agreements, conveyances, transfers, leases or mortgages in the course of those transactions.  However, non-lawyer conveyancers may not carry out legal work that is not "conveyancing work" within the meaning of section 4 of the Conveyancers Act 2006.  Conveyancing work does not include legal work carried out for the purpose of:

  • commencing or maintaining legal proceedings
  • applying for a grant of probate or letters of administration
  • establishing a corporation or varying the constitution of a corporation
  • creating, varying or extinguishing a trust
  • preparing a testamentary instrument
  • giving investment or financial advice, or
  • investing money otherwise than as provided for in Part 5 of the Conveyancers Act (which deals with trust money and trust accounts).

Acknowledgment: Written by the Victorian Legal Services Board.

Licensed conveyancers who are not conveyancing lawyers are limited in the scope of the conveyancing services they can provide. This is because certain services can only be performed by a lawyer.  For example, they are prohibited from providing legal advice about obtaining the consent of a council or other authority under an Act or regulations to the development or use of land.  The word development and “use” have the same meanings as in the Planning and Environment Act 1987.  They are also prohibited from providing legal advice about an application for an order for acquisition by adverse possession.  If you require a power of attorney to sign the Contract, it must be certified by a lawyer and the certified copy provided at settlement.

If you have retained a licensed conveyancer and something goes wrong, they will have to refer you to a lawyer, in which case you may probably end up paying more than you would have had you retained a conveyancer lawyer to begin with.

The advantage of retaining a conveyancer lawyer to do your conveyancing is they have extensive legal knowledge in most areas of law, so they will be on hand to quickly solve any legal issues that arise during the course of the transaction.

The other risk with using a licensed conveyancer rather than a conveyancing lawyer is that if they perform work for you outside of the ambit of section 4 of the Conveyancers Act, their insurance is deemed void.  However,  you have no way of knowing this until it is too late.  Conveyancing lawyers, on the other hand, can do any kind of conveyancing, including advanced conveyancing, offering you full cover under their professional indemnity insurance, just in case you encounter a problem.  You can be confident that a conveyancing lawyer with specialist skills and experience in planning law, advanced conveyancing and property law is representing you.

Examples where a transaction is at risk of becoming complicated include a plan of subdivision.


 

 




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Do you require a solicitor in Wantirna?  Contact Jansen Walsh & Grace Solicitors in the Wantirna Mall

 

Jansen Walsh & Grace, Conveyancing & Commercial Lawyers, Wantirna Conveyancing Lawyers

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