Knowledge Bank
At Merton Lawyers, understanding starts by arming you with tools and resources
to better navigate your next steps in law and life.
Property Industry Terminology: The Words and Terms that Matter to Your Property Transaction
Common terminology that vendors and purchasers need to know to assist you in your sale or purchase.
Duty is Now Payable on Late Settlement Interest, so what does this mean for Purchasers?
From 1 July 2022, dutiable value will include any late settlement interest resulting from a late settlement or the rescheduling of failed settlement.
Guide to Property Co-ownership: Manner of Holding
When you decide to a purchase a property with somebody else, you will need to consider how your ownership will be registered on the title of that property. That is to say, you will need to elect your manner of holding. The two most common forms of co-ownership are joint tenancy or tenancy in common.
Principal Place of Residence (PPR) Concession on Stamp Duty
Stamp duty is a tax imposed by the state government on the transfer of property that is payable by the purchaser (or transferee) of that property. The amount of stamp duty payable is calculated according to the dutiable value of the property being purchased.
Who is Responsible for Debt After Divorce?
During a divorce or separation there are several legal matters that need to be considered, such as the custody of children and how assets and liabilities will be divided between the parties.
You and the #FreeBritney Movement
There is no doubt you have seen the media, but conservatorship battles aren’t just something we see in the far away celebrity world.
Separation and Estate Planning
After a relationship breakdown, estate planning may not be your top priority, but here are some reasons why it should be.
Battle of the Wills
The NSW Supreme Court considered competing applications for Probate and examined suspicious circumstances surrounding the execution of several Wills.
Undue Influence in Property Transfers
A transfer of land from a mother to an adult son was set aside on the basis that the transfer was vitiated by undue influence.
Family Disharmony in Family Provision Claims
In the Supreme Court of Victoria, McMillan J provided a detailed analysis of how estrangement affects the quantum of a claim of an adult child against the estate of the Deceased.
Letters of Administration in Victoria
When a loved one passes away without leaving a valid will, it may be necessary to obtain letters of administration to manage their estate.
Protecting your Assets in a Relationship
Divorce and relationship breakdown are common experiences in society today. When a marriage or de facto relationship breaks down, the assets owned by the parties whether individually or jointly form part of the total asset pool for property settlement when the parties part ways.
Covid-19 and Parenting Orders
The COVID-19 pandemic has caused unprecedented changes to the normal processes of our legal system. Every jurisdiction and area of law has been required to adapt to government regulations such as social distancing and restrictions on gatherings.
Separation and Settlement Agreements
If you have separated from your partner whether de facto or spouse, and you have successfully reached an agreement on property matters, you can formalise that agreement and make it legally binding under the Family Law Act 1975 (Cth) (“the Act”).
Purchaser Checklist
Purchasing a property is an exciting event in anyone’s life. However, the conveyancing process can be quite daunting for those who are unfamiliar with it, and even ostensibly minor oversights can have drastic consequences.
Divorce in Australia
In Australia, we have no fault divorce – meaning the parties to a marriage are not required to demonstrate why they want a divorce. The Act only requires that the marriage has irretrievably broken down.