The new <a href="https://www.apartments.com.au/new-apartments/yarraville-green-42-stephen-street-yarraville-vic-3013">Yarraville Green</a> development in Melbourne's inner west is showing that landscaping can be just as influential as architecture, with buyers responding strongly to the garden-first approach adopted from the outset by developer Excelon Projects and the project's design team.

Excelon appointed Six Degrees Architects and landscape architects SBLA to work collaboratively on the development, with a brief to create "a sustainable, design-led building with a focus on community."

That approach has resonated with buyers. According to Next Chapter Director Tom Hirini, who is leading the sales campaign, the landscaped communal garden has become one of the project's defining features, alongside its boutique scale and European-inspired cluster housing concept.

Local downsizers, right-sizers and established families already living in Yarraville and surrounding suburbs have accounted for the majority of purchasers.

[smartcode_project:default project_id=144913 project_image_fid=297740]

Yarraville Green will comprise 53 homes, including apartments and townhomes, arranged around the shared central garden to maximise connections to the landscaped open space. Parking has been moved underground, allowing the ground plane to be dedicated to greenery, pedestrian movement and communal spaces.

The landscape extends well beyond passive planting. Productive garden beds, a pergola, communal gathering spaces, garden sheds and a pet wash have all been integrated into the masterplan, creating spaces designed to encourage everyday interaction between residents.

[smartcode_project:default project_id=144913 project_image_fid=297741]

The interiors continue Excelon's focus on craftsmanship, incorporating bespoke elements by Melbourne artisans including leadlight detailing by Adadaz, hand-turned timber hardware by Auburn Woodturning and blown-glass lighting by Ruth Allen.

Sustainability has also been embedded throughout the project, with Yarraville Green targeting an average 7-star NatHERS energy rating through passive design principles, rooftop solar servicing common areas and rainwater harvesting for landscape irrigation.

[smartcode_project:default project_id=144913 project_image_fid=297735]

Construction continues to progress at Yarraville Green, with structural works well underway and framing works approaching completion under builder Balmain &amp; Co. The project remains on track for completion in mid-2027.

Apartments at Yarraville Green are currently priced from $625,000, while townhomes start from $1.4 million.

[smartcode_project_cta:default project_id=144913]

Joel Robinson

Garden-led design drives buyer demand at Yarraville Green

National diversified developer Fortis has officially launched Crest &amp; Walker, its latest Brisbane apartment development, with construction now underway on the 20-storey Newstead project.

Award-winning builder BINAH has commenced construction on the Bureau^Proberts-designed building, which will deliver a limited collection of 65 two and three-bedroom apartments on Kyabra Street.

[smartcode_project:default project_id=145922 project_image_fid=373556]

The project marks Fortis' fourth active residential development in Brisbane, following River House, which is nearing completion, alongside projects in New Farm and Hamilton as the national developer continues to expand its South East Queensland pipeline.

Fortis General Manager – Development Queensland Dan Boman said Crest &amp; Walker reflects the developer's long-term commitment to delivering design-led residential projects in Brisbane's established inner-city suburbs.

"We're proud to be strengthening our presence in Brisbane with Crest &amp; Walker, particularly in such a sought-after lifestyle destination as Newstead," Boman said.

"Every Fortis project is shaped by its context, and we approach each one with the respect and care it deserves.

"Our focus is always on creating places that feel connected to their neighbourhood and elevate the everyday experience for residents. Newstead continues to evolve as one of Brisbane's most sought-after urban communities, and Crest &amp; Walker reflects our ambition to contribute meaningfully to that story."

[smartcode_project:default project_id=145922 project_image_fid=373559]

Positioned between Gasworks Plaza and James Street, <a href="https://www.apartments.com.au/new-apartments/crest-walker-newstead-12-kyabra-street-newstead-qld-4006">Crest &amp; Walker</a> has been designed as a boutique residential address offering privacy and generous living spaces within one of Brisbane's most established lifestyle precincts.

The building features a contemporary brick podium softened by integrated landscaping, while the upper levels are characterised by restrained architecture and enduring materiality. Interiors have been designed to maximise natural light, acoustic performance and long-term liveability.

[smartcode_project:default project_id=145922 project_image_fid=373583]

Residences comprise spacious two and three-bedroom floorplans, with two-bedroom apartments priced from $1.55 million and three-bedroom, half-floor residences from $3.95 million.

Residents will have access to a wellness-focused rooftop featuring a swimming pool, sauna, steam room, landscaped dining spaces and outdoor lounge areas overlooking Newstead and the Brisbane CBD.

[smartcode_project:default project_id=145922 project_image_fid=373571]

Sales are being managed by Slaite Projects, with Fortis expecting strong demand from owner-occupiers seeking a high-quality, design-focused apartment in one of Brisbane's most tightly held inner-city suburbs.

Completion of Crest &amp; Walker is slated for late 2028.

[smartcode_project_cta:default project_id=145922]

Fortis expands Brisbane pipeline with launch of Crest & Walker in Newstead

The enormity of delivering a true skyscraper in Australia's new development market is often overlooked.

It has taken the best part of a decade since plans for Chevron One were first unveiled, but the 41-storey tower is now complete, with residents collecting their keys and moving into what has become one of the Gold Coast's most recognisable new landmarks.

Rising 127 metres above Chevron Island, Chevron One stands almost twice as high as any other building on the island. Its scale places it alongside the trio of towers at Jewel, arguably the last truly significant addition to the central Gold Coast skyline when they were completed around six years ago.

While there are several developments underway around a similar height to Chevron One, they are more concentrated within clusters of the highest towers in the city. The fact Chevron One sits within a developing precinct, looking back at the other high-rise developments in Surfers Paradise and Broadbeach, makes it a different proposition altogether. It will certainly become a reference point on the Gold Coast skyline.

[smartcode_project:default project_id=6515 project_image_fid=68833]

Developer Bensons Property Group is behind the 41-storey tower, which has 229 apartments, along with an exhaustive list of resident amenity spread across what is the largest development site ever assembled on Chevron Island.

The tower has been the talk of the town for years, says Ray White Projects Gold Coast agent Caitlin Rosenboom, who is selling the remaining apartments.

"People have been watching Chevron One go up for years," Rosenboom says, adding that many prospective buyers have been surprised by the scale of the views once they step inside.

"It's only when they walk through a completed apartment that they truly understand the position of the building," Rosenboom says.

"The views are jaw-dropping. Whether you're looking east over the ocean, across Surfers Paradise, along the river systems or out to the hinterland, every level offers something different but equally impressive."

[smartcode_project:default project_id=6515 project_image_fid=360215]

One of Chevron One's defining advantages is its location on the eastern side of Chevron Island on Stanhill Drive, a position which protects the views forever.

"There's only one row of houses between Chevron One and the water, and the height restrictions along the river means views from Chevron One can never be built out,"&nbsp;Rosenboom says.

While new apartment developments continue to emerge across the Gold Coast, Rosenboom says opportunities to secure a completed apartment with this level of outlook are becoming increasingly rare.

"The size of the site is something that would be incredibly difficult to replicate today," she says.

"That's allowed Chevron One to deliver the sort of amenity, open space and resident facilities that very few projects can offer. There are not many completed apartment buildings on the Gold Coast right now that can compete with the combination of scale, quality and amenity."

[smartcode_project:default project_id=6515 project_image_fid=68839]

There's around 2,000 sqm of amenity solely for the use of residents of Chevron One. Club One features a uniquely shaped swimming pool that mirrors the footprint of the building itself, set within a extensively landscaped gardens. There's also an indoor pool and spa, a fully equipped gym with a Pilates room, a yoga garden, a bookable private dining area and lounge that can host up to 30 people, and a 24-hour concierge service.

As for the buyers, Rosenboom is fielding enquiry from everywhere: Sydneysiders and Melburnians looking at the new and off-the-plan market following the changes in the Federal Budget, as well as those looking to relocate, through to South East Queenslanders seeking either a permanent home or a weekender bolthole.

"The Gold Coast lifestyle continues to resonate with people relocating from the southern states, and when they see the views and the quality of what's been delivered at Chevron One, it becomes very easy for them to understand the appeal," Rosenboom says.

A diverse mix of one, two and three-bedroom apartments remain available, with each offering "something a little different", be it the orientation and views, configuration, or level, to suit a wide variety of buyers.

The remaining apartments are ready to inspect in person, by appointment.

[smartcode_project_cta:default project_id=6515]

A decade in the making: Residents to move into Chevron One as construction wraps up

A general rule of thumb in new apartment developments is that the penthouses get the rooftop.

It's a formula that's become commonplace across Australia's apartment market. Residents might have access to a pool, gym or barbecue facilities on a dedicated lower level, but the most desirable outdoor spaces are typically reserved for the highest-priced homes at the top of the building.

<a href="https://www.apartments.com.au/developers/sherpa-property-group">Sherpa Property Group</a> has taken the opposite approach.

Rather than dedicating the rooftop to a handful of buyers, the Gold Coast developer has made it the centrepiece of its Flourish collection, creating expansive shared spaces from the best vantage point in the building.

The philosophy has reached its most ambitious expression at <a href="https://www.apartments.com.au/new-apartments/flourish-soleira-palm-beach-1150-1160-gold-coast-highway-palm-beach-qld-4221">Flourish Soleira</a> in Palm Beach, where two rooftop precincts connected by a skybridge will deliver one of the most extensive lifestyle offerings seen in a residential apartment project on the Gold Coast.

[smartcode_project:default project_id=150017 project_image_fid=374053]

"We're seeing a clear move toward developments that offer more than just an apartment," Sherpa Group founder Christie Leet said.

"People want spaces that support how they actually live, whether that's working from home, staying active, or spending time with family and friends.

"That's where amenity becomes critical. It's not just about what's included, but how those spaces are designed to be used every day."

[smartcode_project:default project_id=150017 project_image_fid=374052]

The breadth of amenity has already attracted buyers across multiple demographics. Younger first home buyers have been drawn to Soleira's one-bedroom apartments, a product rarely delivered in Palm Beach, while families have responded to practical inclusions such as the shallow children's pool adjoining the main lap pool and the extensive communal recreation areas.

Instead of a single rooftop, Soleira delivers two distinct lifestyle zones.

[smartcode_project:default project_id=150017 project_image_fid=372547]

The southern rooftop has been dedicated to wellness, featuring a gym, yoga and Pilates studio, work-from-home facilities, a wellness centre, spa, and hot and cold plunge pools.

The northern rooftop focuses on recreation and entertaining, incorporating a heated resort-style pool, private dining rooms, pizza ovens, barbecues, a golf simulator, children's recreation areas, and what is expected to be the Gold Coast's first rooftop basketball court, which will also double as a squash court.

[smartcode_project:default project_id=150017 project_image_fid=374054]

Beyond the rooftops, Soleira will introduce 1,500 sqm of curated retail beneath the towers, creating one of Palm Beach's first genuinely mixed-use lifestyle precincts where cafés, restaurants and convenience retail become part of residents' everyday lives.

Sherpa has also retained management rights across the development, allowing it to oversee the long-term operation of the building through a 24-hour concierge model. The developer is also exploring additional revenue streams within the precinct aimed at helping offset ongoing body corporate costs for residents.

[smartcode_project:default project_id=150017 project_image_fid=370962]

While Soleira is the largest project Sherpa has delivered, the rooftop-first philosophy has been evolving for several years.

It began with <a href="https://www.apartments.com.au/new-apartments/amargo-6-12-sixth-avenue-palm-beach-qld-4221">Flourish Amargo</a>, the first project released under the Flourish brand. Rather than competing at the ultra-luxury end of the market with oversized half-floor and full-floor residences, Sherpa focused on creating lifestyle-driven apartments supported by resort-style shared spaces.

Amargo introduced more than 800 sqm of rooftop amenity, combining wellness facilities, heated pools, entertaining areas, cabanas, pizza ovens and private dining spaces into what was designed as an extension of residents' homes rather than a facility used only occasionally.

[smartcode_project:default project_id=146527 project_image_fid=366550]

That approach continued with Flourish Oasis, where the same amenity-led philosophy was refined into a more boutique development. Strong demand from Sherpa's growing VIP database saw much of the project sold before it reached the broader market, reinforcing buyer appetite for apartment communities centred around shared lifestyle experiences.

Flourish Amargo is slated for completion mid-way-through next year, with Oasis to be delivered by late 2027. Flourish Soleira is expected to complete in 2030.

[smartcode_project_cta:default project_id=150017]

Sherpa takes amenity to the sky as Flourish Soleira captures booming Palm Beach demand

As apartment living continues to evolve across Sydney's growth corridors, the quality and distribution of shared spaces is increasingly shaping how residents experience home. Rather than functioning as add-ons, amenities are being embedded into the daily rhythm of a building, supporting everything from quiet retreat to social interaction, often within a single vertical community.

At <a href="https://www.apartments.com.au/new-apartments/aeris-melrose-park-nursery-street-melrose-park-nsw-2114">Aeris</a> in Melrose Park, this approach is resolved through a layered amenity offering that unfolds from ground level through to its upper podium. Developed by <a href="https://www.apartments.com.au/developers/sekisui-house-australia">Sekisui House Australia</a> in partnership with Hankyu Hanshin Properties, the project introduces 468 apartments across two towers and a mid-rise building, positioned at the highest point of the broader masterplan.

[smartcode_project:default project_id=426 project_image_fid=359199]

The amenity experience begins at street level, where two courtyards sit within a landscaped setting that connects residents to the wider network of parks and green spaces. These green spaces are not isolated pockets but part of a wider pedestrian network that links Aeris to the surrounding <a href="https://www.apartments.com.au/developments/melrose-park-nsw-2114">Melrose Park</a> precinct, including Central Park, future schools, and the Town Centre opening in July 2026. The result is a transition that moves from public to private without abrupt boundaries, allowing residents to pass through shaded, tree-lined environments before reaching the building itself.

Moving upward, the focus shifts to the level five podium, where the primary communal facilities are concentrated. This space brings together a 16-metre swimming pool, outdoor seating areas, and a communal BBQ zone arranged to take advantage of elevated outlooks. Seating is positioned beneath pergolas, creating pockets of shade that extend the usability of the space throughout the day. The pool edge aligns with views toward the wider district, reinforcing the sense of elevation that defines the project’s positioning.

In the adjacent building, this is complemented by quieter, more contemplative spaces, including an outdoor cinema set within the same level. Positioned to operate primarily in the evening, it introduces a different tempo to the shared environment, shifting from daytime activity to after-hours use without requiring separate zones.

[smartcode_project:default project_id=426 project_image_fid=360299]

The podium also accommodates an intimate private resident gym. Located on the lower levels, it gives residents convenient access to fitness facilities without leaving the building.

Above, the elevated podium sky deck extends the amenity offering, providing additional open-air spaces with elevated outlooks across the surrounding landscape. While more restrained in program, this upper level reinforces the project’s vertical progression, from ground-level greenery to elevated outlook, allowing residents to move between distinct spatial conditions within a single address.

This distribution of amenities reflects a deliberate response to how residents use space across the day. Sekisui House Australia Sales and Marketing Director Peter Kalaf points to the role these shared areas play in shaping buyer demand. Aeris has been conceived as more than a collection of apartments, with the podium pool, gym and outdoor cinema forming part of a broader lifestyle offering that extends the home beyond each individual residence.

[smartcode_project:default project_id=426 project_image_fid=360300]

What distinguishes Aeris is not the inclusion of these elements individually, but how they are arranged in relation to one another. Active, social, and passive spaces are layered vertically rather than separated, allowing residents to choose between them without leaving the building or moving far from their apartment. This proximity supports both routine use, such as a morning swim or evening workout, and more occasional gatherings, whether around the BBQ area or within the cinema setting.

The amenity design also sits within a broader framework of connectivity across Melrose Park. The Melrose Park Town Centre, anchored by Coles and Dan Murphys, features a mix of retail, dining, health and lifestyle offerings, bringing everyday convenience closer to residents. By the end of the year, more than five hectares of parks and open space, equivalent to around seven football fields of green space on residents' doorstep, will further enhance the precinct, allowing the internal facilities at Aeris to operate as an extension of the wider neighbourhood rather than a substitute for it.

Construction at Aeris continues to gather momentum, with ground floor slabs expected to be completed in late 2026 before the first sections of the buildings begin to rise above ground.

[smartcode_project_cta:default project_id=426]

Elevated amenity anchors daily life at Aeris, Melrose Park

Property Law

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TressCox Property Partner Gary Newton, as the Chairman of the Australian Property Law Group of the Law Council of Australia, was part of a recent dedication ceremony for a plaque in memory of Sir Robert Torrens at a church in Leusdon, England, where he is buried.
Sir Robert Torrens, the third Premier of South Australia, invented the worldwide Torrens title system in Adelaide in 1858 - a simplified system of transferring land.
The plaque was erected by the Law Council of Australia and the Australian Institute of Conveyancers.
The ceremony was attended by a group of pre-eminent Australian property lawyers as well as the President of the Institute of Conveyancers Santina Taranto, the Secretary General of the International Property Registries Association Dr Nicholas Nogueroles, and Professor Peter Butt, as well as a large local church congregation.
The article first appeared in TressCox Lawyer's <a href="https://www.tresscox.com.au/" target="_blank">website</a>.
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j.ballantyne1990-6AQqhLzZaK

Plaque in honour of Sir Robert Torrens unveiled

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Some 54 percent of pet owners polled for a recent survey considered landlords and property managers should be compelled to allow tenants with pets.
The PETstock Pet Parent Survey interviewed more than 905 pet owners from around Australia and found more than half of all pet owners believe laws must be changed to force landlords to allow pets in rental properties, with most saying it took a long time to find somewhere they could live with their animals.
PETstock chief executive of cer Shane Young said only 1.5 percent strongly disagreed with the need to change the law.
“In Victoria, there are no laws that directly cover pets in tenancies or residencies, but landlords often include a clause in the lease banning them,” he said.
"However this may soon change with the Victorian Government currently reviewing tenancy laws, including the law around pets. Any change to the law in Victoria may set a precedent for other states to follow.
"For many people, pets were part of the family and it was heartbreaking to have to give them up if they couldn’t find suitable rental accommodation.
“Given that an incredible 83 percent of respondents agreed or strongly agreed that they treated their pets as their children, these figures are not surprising.
“When they are looking for a place to live it can be really hard for pet parents to  find a place where the owners will allow them to keep their pet.”
"The Pet Parent Survey found that 70 percent of owners took a lot of time and effort to  find pet-friendly rental accommodation. Of those who were renting homes with their pets, 84 percent said the landlord allowed it, while 4 percent said their landlord didn’t know. Just over 10 per cent said the landlord wouldn’t usually allow pets but had made an exception in this case."
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Pro-pet rental problem for landlords, property managers 

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The NSW government will amend underquoting laws to cover not only employees of real estate agencies but their representatives, independent contractors, subsidiaries or any related entities who act for them.
The amendments will widen the net to prevent illegal underquoting after Sydney agency BresicWhitney escaped allegations after a loophole deemed that two of its agents were not "employees" as required under the current act.
The changes were introduced in the NSW Parliament today.
In 2015, the NSW Fair Trading took BresicWhitney to court alleging it "falsely understated the likely selling price of residential property to consumers" through its two agents Nic Krasnostein and Walter Burfitt-Williams.
BresicWhitney's defence that they were not employed by BresicWhitney but by a subsidiary company, BWEA Employees Pty Ltd, was accepted by the courts.
The Magistrate accepted this defence and all charges were dismissed due to a legal technicality based on a statutory interpretation of ‘employee’ in the Act and the fact that there is no deeming provision in the Act for vicarious criminal liability.
"These changes will close a corporate loophole that has allowed agents to escape liability under the Act, and will provide consumers with additional protection," Minister for Innovation and Better Regulation Victor Dominello said.
"Underquoting is illegal, misleads prospective buyers and undermines the property market."
“These changes will close a corporate loophole that has allowed agents to escape liability under the Act, and will provide consumers with additional protection.”
Since the new underquoting laws came into effect in January, the practice of price baiting including the use of inducements such as "offers above" and "offers over" had declined, the government suggested.
But illegal off-market open for inspections without contracts have been on the rise. 
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jchancellor-FAypfDUnLy

Property 101: BresicWhitney underquoting law to come to NSW Parliament this week

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GUEST OBSERVER
After you separate from your spouse, you will likely need to make arrangements to divide your property and separate your finances.
You can begin working out a property settlement any time after you separate from your spouse. You do not need to wait until your divorce comes through.
Even if all the property is in the other person’s name, or you did not make direct financial contributions to property (such as paying the mortgage), you will usually still be entitled to a property settlement according to the four-step process used by the Family Court. 
How do we go about dividing property?
You should first try to reach an agreement with your former partner about financial issues. You could attempt property settlement through Family dispute resolution or other non-court based dispute resolution methods. Often this will resolve the matter without the need to go to court. For more information, see Other ways to resolve a family law dispute. Sometimes it will not be safe for you to negotiate directly with the other person (for example, where there has been family violence). For more information, see Family violence and family law.
If you are unable to come to an agreement with your former partner, you may need to ask the Family Court to make a decision for you. There are certain steps you must take before you commence proceedings for property settlement in the Family Court.
How do we know what our property is worth?
If you want to find out about how much your property is worth, you can try the following:
<ul>
<li>For houses – ask three or more real estate agents to give you a valuation of your house. They will provide these free of charge. Ask that they put down what they think the house would actually sell for, as some agents will give the best possible price rather than the more likely price to try to secure your business. You can then take an average of the estimates to use in working out your property settlement. If this method does not produce a result you can agree on, you can consider having a certified valuer visit the property. They will give a sworn valuation of your house for a fee. You can find the name of a certified valuer by asking a real estate agent or looking in the Yellow Pages.</li>
<li>For cars/boats/bikes you can use a website such as RedBook as a starting point and look at local advertisements for similar items (as RedBook is based in Victoria values may differ slightly in Western Australia). If these values cannot be agreed, you can obtain a sworn valuation from an expert.</li>
<li>Get printouts from your bank and superannuation fund of your current balances.</li>
<li>For other items such as tools, trailers and so on you can try looking at local advertisements for similar items, and if the values cannot be agreed you can seek a sworn valuation from an expert with the knowledge, skills and experience to value the particular item.</li>
<li>If there is a business involved, you may know and be able to agree upon its value. If not, you can seek a sworn valuation from an expert licensed to value businesses. </li>
</ul>
Expert valuers for different types of property can be found in the Yellow Pages.
There are no set rules about how things must be valued. When working out a property settlement with your former partner you can agree to value property as you both see fit. For example, while your household contents may only be “worth” a certain amount if you were to sell it, you might choose to think of its value as the cost it would take one person to set up a new residence with furniture and whitegoods. 
You may decide not to have your property valued at all during the process and choose to take a more practical approach. For example, you may decide that regardless of the exact value of your home, you would prefer your children be able to stay in the family home and that it not have to be sold to give you what you think you might be entitled to in a property settlement. Another example might be if you purchased most of your furniture together, you might each take turns picking an item of furniture to keep – that way you can take into account sentimental value as well as monetary value.
How can we formalise an agreement about property?
Consent orders
While it is not compulsory to formalise your agreement about property, it is recommended that you formalise your agreement about property by obtaining consent orders from the Family Court. Having court orders can assist you in dealing with organisations such as banks and can help prevent the people involved from making claims against each other’s property in the future. For more information on consent orders and how to obtain consent orders through the Family Court, see the Family Court of WA Consent Orders Kit, available from the Family Court of WA website or by calling the court registry on (08) 9224 8222 or 1800 199 228 (country areas free call) and requesting that a copy of the Kit be sent to you.
You should get legal advice about your particular circumstances prior to signing any final agreement. 
Binding financial agreements
A binding financial agreement is like a contract between the parties that can deal with how property will be divided if a relationship breaks down. Binding financial agreements may also allow for spousal maintenance to be paid if a relationship ends. The agreement can be made before, during or after a marriage or de facto relationship. Binding financial agreements can only be set aside in very limited circumstances. If you are thinking about making a binding financial agreement you should get legal advice.
How does the Family Court decide who should get what?
For information about how the Family Court decides, see How does the Family Court deal with a property case. You do not necessarily need to follow the approach taken by the Family Court to determine your own private property settlement, but as the process was designed to try to come up with a fair outcome, you may wish to use it as a guide.
Are there any time limits?
Yes. If you were married you have 12 months from the date your divorce becomes final to commence property settlement proceedings in the Family Court. You can get a property settlement before you are divorced.
Although you can work out a property settlement almost any time after separation (as the time limitation period does not start until your divorce is finalised), it is recommended to sort out arrangements as soon as possible. This is because asset values can change over time and valuations are best done close to when the parties separate.
Is superannuation included in property?
Superannuation may be included in a property settlement for people who were married. It is possible for superannuation to be:
<ul>
<li>split and transferred from one person to the other (called a "splitting order") </li>
<li>given to the one person when the other person retires and receives their superannuation payment (called a "flagging order") </li>
<li>used as an "offset" meaning if one person keeps their superannuation the other person will receive more out of the other available property </li>
<li>included in a financial agreement </li>
<li>valued as property</li>
</ul>
I am worried my former partner will get rid of assets, what can I do?
If you are worried your former partner may get rid of assets before you can finalise a property settlement you can ask the court for an injunction to stop the other person from selling or dealing with the property.
An injunction is an order from the court preventing anyone from selling or transferring assets that may be property of a marriage. 
Seek legal advice if you have concerns about the other person disposing of property. 
Can I get spousal maintenance?
Spousal maintenance is only given if one person can financially maintain the other person and the other person cannot maintain themselves because of age, mental or physical incapacity, because they have a child under 18 in their care or any other adequate reason. The court will consider a range of things when deciding on whether to grant spousal maintenance. You should get legal advice if you want to apply for spousal maintenance.
For more information from Legal Aid WA, <a href="https://www.legalaid.wa.gov.au/Pages/Default.aspx" target="_blank">click here</a>.
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jonathanchancellor-7SQnKwU6yx

Property 101: WA's property dividing laws for married couples

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REINSW and the Law Society of NSW have created a new edition of the Contract for Sale and Purchase of Land 2016 to comply with new legislation.
The new version highlights a law which was brought in on 1 July 2016, affecting foreign residents purchasing a property over $2 million.
Under the new law, vendors selling a property for over $2 million will need to apply for a clearance certificate to avoid the purchaser withholding 10 percent tax from the purchase price.  
It also affects companies buying a property, if any of the owners are a foreign resident. Find out more <a href="https://www.reinsw.com.au/imis15_prod/Web/Posts/Latest_News/201603/New_withholding_tax_regime.aspx?WebsiteKey=fc035f62-aa1d-4485-9a5d-f9989cc37ba9" target="_blank">here</a>.
As a result, to deal with this new law the REINSW and Law Society of NSW have updated the Contract for Sale of Land and Purchase of Land. This new edition is not available as a paper copy but can be purchased in digital form by visiting the <a href="https://www.lawsociety.com.au/ECOS/index.htm" target="_blank">ECOS </a>website.
The new 2016 edition of the contract has prompts and clauses to deal with the new withholding tax law, and also includes a warning about the new <a href="https://www.reinsw.com.au/imis15_prod/Web/Hot_topics/Swimming_Pools/Web/Posts/Topics/Swimming_Pools.aspx?hkey=0ca667d3-d548-451b-a6a0-64a0e782a0ce" target="_blank">swimming pool compliance</a>. Find out about the main changes <a href="https://www.lawsociety.com.au/cs/groups/public/documents/internetcontent/907643.pdf" target="_blank">here</a>.  
Barry Johnston, Principal of Balmoral Partners said: “REINSW CEO Tim McKibbin has spent a lot of time time lobbying the government to make sure the legislation is workable.
“The new contract reflects this - so it is best practice to make sure you are using the latest contract because it is there to protect us.”
To find out more about the Contract for Sale and Purchase of Land 2016, watch the webinar with Barry and Gary Newton, Partner in TressCox Lawyers, <a href="https://www.youtube.com/watch?v=-hxgbBC4M5Q" target="_blank">here</a>. 
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Property 101: The new NSW contract for sale

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GUEST OBSERVER
Where the land, or the interest in the land, is worth $2 million or more, the new law requires the purchaser to withhold 10 percent of the purchase price and send it to the ATO unless the vendor has obtained a ‘clearance certificate’ from the ATO and provided it to the purchaser prior to settlement.
This obligation arises regardless of whether the vendor is a foreign resident or not.
Parliament recently passed legislation amending the taxation law to impose withholding obligations on the purchasers of certain Australian assets – generally property purchased from a non-resident.  However, the changes will affect most purchases of property in Australia!
The amendments impose a 10 percent withholding obligation on purchasers of ‘Taxable Australian Real Property’ (generally, this means an interest in Australian land) from certain foreign residents, as well as certain ‘indirect Australian real property interests’ (such as shares in companies that own a lot of land) and options to acquire such assets.
The amendments will generally apply where the contract to purchase an applicable asset is signed on or after 1 July 2016.
Example
On 1 August 2016, Harvey enters into a contract to purchase a residential property in an affluent Sydney suburb for $2.5 million, with settlement proposed to occur on 1 October 2016.  He does not know whether the vendor is a foreign resident.
Despite many requests from Harvey’s lawyer, the vendor refuses to obtain a clearance certificate from the ATO to give to Harvey.
As Harvey is acquiring Australian land with a market value greater than $2 million and he has not received a clearance certificate from the vendor by the time settlement occurs, Harvey will be required to withhold and pay to the ATO $250,000, whether or not the vendor is an Australian resident.
The vendor will be able to apply for the certificate online BUT it is the purchaser’s responsibility to request it from the vendor. Ultimately, the purchaser is relying on their agent or solicitor to organise everything for them. Makes us wonder how many will forget so make sure you have a good one.
For more information, click <a href="https://xperion.com.au" target="_blank">here</a>.
 
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Property 101: Seller and buyer obligations with $2 million plus clearance certificates

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Your home may be the biggest investment you'll ever make. But if it was built before the 1980s, it could be affected by hazardous loose-fill asbestos insulation. Loose-fill asbestos is raw crushed asbestos, which in the 1960s and 70s, was installed as insulation.
Over time hazardous airborne fibres can move from the ceiling into your living space.
If your home contains loose-fill asbestos insulation, its value in the market will be affected.
The NSW Government is proposing new laws to protect the community from unknowingly purchasing a property that contains loose-fill asbestos. Under these laws, when selling your property, you must confirm in the contract of sale if your property:
<ul>
<li>contains loose-fill asbestos; or</li>
<li>is free of loose-fill asbestos.</li>
</ul>
If you do not comply with these laws you risk significant financial loss and potential legal action. The Government's assistance program is your chance to protect yourself from the financial consequences of loose-fill asbestos.
NSW Fair Trading will provide financial assistance and support to affected homeowners and tenants, but you must register by 1 August 2016.
The NSW Government is providing free sample testing to owners of pre-1980s residential premises in 28 identified NSW local government areas.
For more information <a href="https://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Loose_fill_asbestos_insulation/Register_for_free_testing/Additional_free_sample_testing.page" target="_blank">click here</a>.
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Property 101: Loose-fill asbestos in NSW homes

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Consumer Affairs Victoria is undertaking a review of the following consumer property legislation:
<ul>
<li>Estate Agents Act 1980</li>
<li>Owners Corporations Act 2006</li>
<li>Conveyancers Act 2006</li>
<li>Sale of Land Act 1962</li>
</ul>
The review will:
<ul>
<li>identify opportunities to modernise and improve the legislation, taking into account stakeholders’ experiences and industry developments since each Act came into operation</li>
<li>examine whether the legislation efficiently and effectively regulates the conduct of licensed practitioners involved in the sale of land, real estate transactions and management of owners corporations</li>
<li>recommend changes to improve the way the legislation operates. </li>
</ul>
<h2>Consultation process</h2>
As part of this review, the Minister for Consumer Affairs approved the release of three issues papers for public consultation. The purpose of these papers was to raise issues for consideration and comment, and draw out evidence and commentary from stakeholders about the nature of the issues and the extent of any problems. 
Submissions will be made available on our website after the closing date for each paper. 
An options paper will be released in July/August 2016.
For more information, <a href="https://www.consumer.vic.gov.au/resources-and-education/legislation/public-consultations-and-reviews/consumer-property-law-review" target="_blank">click here</a>.
 
 
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Property 101: Victoria's property law review

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Consumer Affairs Victoria is undertaking a review of the following consumer property legislation:
<ul>
<li>Estate Agents Act 1980</li>
<li>Owners Corporations Act 2006</li>
<li>Conveyancers Act 2006</li>
<li>Sale of Land Act 1962</li>
</ul>
The review will:
<ul>
<li>identify opportunities to modernise and improve the legislation, taking into account stakeholders’ experiences and industry developments since each Act came into operation</li>
<li>examine whether the legislation efficiently and effectively regulates the conduct of licensed practitioners involved in the sale of land, real estate transactions and management of owners corporations</li>
<li>recommend changes to improve the way the legislation operates. </li>
</ul>
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<div id="GeneralBodyContent">
<h2>Consultation process</h2>
As part of this review, the Minister for Consumer Affairs has approved the release of three issues papers for public consultation. The purpose of these papers is to raise issues for consideration and comment, and draw out evidence and commentary from stakeholders about the nature of the issues and the extent of any problems.
Anyone may make a submission for consideration in response to the issues papers.
Each issues paper includes a series of questions as a guide to writing your submission. We also welcome your suggestions for other issues you believe should be considered in the lead-up to the release of an options paper in mid-2016.
<h3>Making a submission</h3>
You can make a submission until 11 March 2016:
By mail: Consumer Property Law Review Policy and Legislation Branch Consumer Affairs Victoria GPO Box 123 Melbourne VIC 3001 By email: <a href="mailto:consumerpropertylawreview@justice.vic.gov.au" target="_blank">consumerpropertylawreview@justice.vic.gov.au</a>
Unless you label your submission as confidential, your submission or its contents will be made publicly available in this and any subsequent review process. Submissions may be subject to Freedom of Information and other laws. Consumer Affairs Victoria reserves the right to not publish information that could be seen to be defamatory or discriminatory.
Please ensure any documents sent via email do not exceed 5 MB in size. Word documents are preferred, for accessibility reasons.
Your submission must include:
<ul>
<li>your name</li>
<li>organisation name (if applicable)</li>
<li>your email address.</li>
</ul>
Submissions will be made available on our website after 11 March.
If you have any queries, please email <a href="mailto:consumerpropertylawreview@justice.vic.gov.au" target="_blank">consumerpropertylawreview@justice.vic.gov.au</a>
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