Archive for the 'Property Law' Category

28 September 2018

State Government valuations of your property – not always black and white

Statutory land valuations are the basis for the calculation of: Land tax Council rates State leasehold rents. How are the valuations decided? Generally: All land is valued based on a freehold value, even if it is leasehold. Each legal Lot is valued, although the Valuer-General also has the power to declare particular parts of a […]

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20 August 2018

SMSF news – update on the ‘sole purpose test’ in the Aussiegolfa case

Last week the full Federal Court handed down its decision in Aussiegolfa Pty Ltd (Trustee) v Commissioner of Taxation [2018] FCAFC 122, a case concerning the in-house asset rule and sole purpose test for SMSFs. Nick Casey has discussed the implications of this below. What is the in-house asset rule and the sole purpose test? […]

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10 May 2018

What is an Easement?

An easement is a legal right that attaches to land or a part of land (the Burdened Land) and allows a benefitting party to use the land in a particular manner. An easement may be granted from the Burdened Land in favour of: Another property, such as allowing a neighbouring property to use part of […]

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10 May 2018

What if I need an easement to be registered on somebody else’s property?

From time to time, it happens that you may need to register an easement on someone else’s property. For example – You might have your services (water, sewerage, electricity, telecommunication etc.) running through a neighbouring property to get to your property; or You might not be able to access the road unless you travel over […]

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14 August 2017

Absentee land tax – changes from 1 July 2017

As of 1 July 2017, a 1.5% land tax surcharge is being imposed by the Queensland Government on absentee land owners. This is known as the absentee land tax. An ‘absentee’ land owner is not just a foreign owner –  it can include Australian citizens who do not ordinarily live or reside in Australia. If […]

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19 July 2017

Foreign Investors – the effect of Budget 2017 changes

Let’s recap on changes which have now taken effect following the latest Federal Budget. The tax increases and charges to foreign buyers are estimated to bring in an extra $600 million for the government over the next 4 years. Buyers and sellers need to be on their toes in order to comply with the changes. […]

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