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, superannuation, commercial 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 & Associates, Davies & Gullquist, Smith Ryan & Co, Commercial Tenancy Advisers, Tony O'Brien Legal (in Ferntree Gully) and John T Macmillan (in Queen Street) have moved across to us.
Special Offer
Conveyancing: advice on your Contract of Sale before you buy: normally $275, but only $150 (free if use us to assist you with your purchase) or $195 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.
We provide the full range of advice on conveyancing, business structures and business solutions, such as:
- Aged care
- Bankruptcy & Insolvency
- Business & Company Structures
- Businesses in Stress
- Buying or Selling a Business
- Buying Your Home
- Commercial Agreements
- Commercial Leases: landlords
- Commercial Leases: tenants
- Commercial Properties
- Conveyancing
- Criminal Law
- Equine Law
- Equity release
- Family Law
- Farming and pastoral properties
- Foreign investors
- Guarantees to lenders
- Horses
- Investment properties
- Mortgages and personal property securities
- Planning Appeals
- Probate & Estates
- Property development
- Property Investment
- Retirement villages
- Selling your property
- Subdivisions
- Superannuation
- Starting a Business
- Transfers between spouses or partners
- Transfers or loans by parents
- Wealth and Estate Planning
- Wills
- Wine and Viticulture
Properties left unoccupied for more than six months a year, which are located in in the municipalities of Banyule, Bayside, Boroondara, Darebin, Glen Eira, Hobsons Bay, Manningham, Maribyrnong, Melbourne, Monash, Moonee Valley, Moreland, Port Phillip, Stonnington, Whitehorse and Yarra attract vacant residential land tax.
If you own a property in one of these council areas and it will be unoccupied for six months or more in 2018, you can notify the State Revenue Office here. Notifications are due by 15 January 2019.
When using the portal to notify the State Revenue Office about property that has been vacant in 2018, you should select 2019 as the tax year.
The breach of security by a hacker successfully hacking the e-mail account of Sargeants Knox Conveyancing on 30 May 2018 and stealing money belonging to Dani Venn and Chris Burgess and transmitting it to another Commonwealth Bank account owned by the hackers was unfortunate. There were three other frauds, two where the money was recovered and one which was not successful. However, you must take it in perspective. The number of successful frauds have been less in the new system with PEXA than under the old paper-based system. This type of hacking, and a variant of it, has been quite ubiquitous in the United Kingdom for several years. It has only started in Australia. We expect it to get as bad as the United Kingdom. There is also a US-based variant which we have encountered, but which we were successful in preventing.
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 came 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 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 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).
- 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. For example, very often we have seen where a purchaser purchases a tenanted commercial property, but because the licensed conveyancer is unaware of what that means, the purchaser suffers significant financial loss. 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. 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.We do not pay any referral fees. All our business is repeat, recommended and word of mouth.
Consumer Affairs Victoria correctly states: "Under the Legal Profession Uniform Law if a legal practitioner’s costs exceed $750 he or she is required to give costs disclosure in writing to their client as soon as practicable after instructions are given including an estimate of total legal costs, the basis on which costs are calculated and the client’s rights including in the event of a costs dispute. However, Consumer Affairs Victoria, in its Consumer Property Law Review, has observed that issues have arisen with the requirement where conveyancers disclose their costs (fees and charges) in a manner that may confuse consumers and may result in a larger bill than they originally expected. For example, according to Consumer Affairs Victoria, some conveyancers detail their costs in separate emails, using a cost disclosure form in an initial email, and additional costs in a subsequent ‘for information only’ email. Consumer Affairs Victoria is considering whether legislation is required to ensure that clients know the true costs they will have to pay before they receive the bill at the end.
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Do you require a solicitor in Wantirna? Contact Jansen Walsh & Grace Solicitors in the Wantirna Mall
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