News

Federal Court of Australia – New form and publication relating to Australian subpoenas served in New Zealand

 

The following form and publication relating to Australian subpoenas served in New Zealand (Trans-Tasman Proceedings Act 2010) have been published on the Family Court of Australia website.

Prescribed Notice and Information Sheet

Australian subpoenas served in New Zealand

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/reports-and-publications/publications/subpoenas/subpoenas-served-in-new-zealand

 

New Form

Certificate of non-compliance with subpoena (New Zealand)

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/court-forms/form-topics/Subpoenas/form-non-compliance-subpoena-nz

 

Property Transactions – New Tax Rules for Properties $750,000.00 and Above – Effective 1 July 2017

Changes to the foreign resident capital gains withholding regime now require a purchaser to withhold 12.5% of the purchase price of real property valued at $750,000 or more and to pay that amount to the ATO on settlement unless the vendor obtains a clearance certificate.

The existing withholding threshold ($2 million) and rate (10%) will apply for any contracts that are entered into before 1 July 2017, even if they are not due to settle until after 1 July 2017.
Although the new laws are aimed at foreign residents, these new laws impact all property transactions valued at the applicable thresholds and over irrespective of whether the vendor is a foreign resident.

For more information see here.

Law Society Elder & Succession Law Committee Drives Change

Duty exemptions – transfer of a motor vehicle to a beneficiary

Key items for noting:

  • Changes to requirements for exemption from duty for the  transfer of a motor vehicle to a beneficiary so that obtaining probate is no longer a prerequisite where the notice is given by / application is made by an executor.
  • Opportunity to claim reimbursement for duty paid on transfers between 1 July 2016 and 7 May 2017 inclusive.

As the result of representations made by the Society’s Elder and Succession Law Committee, the Tasmanian government has made legislative amendment to restore original policy intent and reduce the burden of proof required to be eligible for an exemption from duty for the transfer of a motor vehicle to the beneficiary of a deceased estate or person entitled under an intestacy.  The updated duties guideline ‘Motor Vehicle Transfer to a Beneficiary – Deceased Estates’ can be found here (also available at www.sro.tas.gov.au under the Guidelines Index).

In correspondence to the Law Society the Hon Peter Gutwein MP advised:

As this matter was raised last year, […] the Government’s intention is to provide, on application, ex gratia payments to taxpayers that have incurred and paid duty on the transfer of a motor vehicle as a part of a deceased estate between 1 July 2016 and 7 May 2017 inclusive.

 For those that have paid duty, rather than pursue the exemption requirements, I will consider requests for reimbursement through ex gratia assistance.  They will need to write a brief request to me enclosing:

 

 

SRO Grants Grace Period to Assist with TRO Agent Transition to Electronic Payment of TRO Invoices for Duty Transactions (3 July 2017)

Notice from the State Revenue Office
The re-designed Tasmanian Revenue Online for Duty Transactions is scheduled to go live on Monday, 3 July 2017.

The State Revenue Office has provided information about the Electronic Payment Authority in TRO, and the need for TRO Agents to ensure they have cleared funds in bank accounts before transactions are endorsed.

A one-month phase-in period will be in place for July to assist an Agent’s transition to EPA-authorised payments.

The SRO will be working with firms throughout the month of July to assist with any business process changes.

Please read further details here.

Law Society of Tasmania Senior Practitioners List 2017-2019

Senior Practitioner List members are senior practitioners who are available to provide to members of the profession, on a voluntary basis, confidential consultations and guidance on professional, ethical and practice matters.

Some of the areas where the senior practitioner may be able to assist include:

  • guidance on a professional, practice management or ethical problem;
  • career advice on options such as employment, partnership offers etc;
  • whether to report a particular situation to the LST or the Legal Profession Board of Tasmania;
  • how to respond to contact from the LPBT;
  • whether a PII notification should be made;
  • acting as an intermediary between the LST or the LPBT and a practitioner wishing to remain anonymous.

Practitioners who have determined that they should obtain guidance (or who are unsure) are encouraged to contact a SPL member as soon as possible. Early contact will often considerably alleviate the practitioner’s stress caused by not knowing how to approach or resolve the problem. It may also enable the SPL member to provide a wider range of options to resolve the problem.

The members of the Senior Practitioners List for 2017 – 2019 are (by alphabetical order of surname):

Melanie Bartlett | Robert Blissenden | Alison Clues | Jacinta French | Robert Hudson | Paul Kuzis | Phillip Lebski | Greg Melick SC | Audrey Mills | Frank Moore | Leanne Topfer | Peter Worrall |

Contact details
Policy / further information about this service

Electricity Transmission Wayleave Search Fee Increase

Tasmanian Networks Pty Ltd (trading as TasNetworks)
Electricity Transmission Wayleave Search Fee Increase



Please note that from 1 July 2017 in line with consumer price index (CPI), the fee payable to TasNetworks for an electricity transmission easement search will increase
to $38.00 (inclusive of GST). TasNetworks has produced a brochure on wayleave easements which may be of interest to you and your clients. These are:

  • Transmission line easements: What do they mean for me?

For free copies of the brochure or for any enquires about wayleave searches please contact Lisa Saville on 6271 6595 or email wayleave.enquiry@tasnetworks.com.au .

Tips to writing clear legal language – The Hon. Michael Kirby’s Ten Rules

What is plain English?

Tips to writing clear legal language – The Hon. Michael Kirby’s Ten Rules

Complex and bureaucratic language is a barrier to taking part in society, especially for people of low literacy. As Mr Kirby observes – “It is not always easy for lawyers to write and speak plain language. For many of us, we need to be rescued from our “heretofores”, “whereas” and “party of the first part”.”

Take a look 26Ten’s Write for the People Video.