Transferring property between spouses or domestic partners is a common occurrence, particularly when managing shared assets. In Victoria, Australia, the Duties Act 2000 provides for an exemption from land transfer duty (also known as stamp duty) on such transactions, which can result in significant savings. However, strict eligibility requirements must be met to qualify for...
Probate & WillsA Will Forged in Crisis: The Czerwaniw Case and Testamentary Capacity
14 February 2026
The 2022 NSW Supreme Court case, Dybac v Czerwaniw, offers a stark reminder of the complexities of testamentary capacity. The testatrix, Apolonia Czerwaniw, executed a new will just before emergency surgery, dramatically reversing her 15-year intention to split her estate equally between her two children. The “Change of Will” gave her entire estate substantially to her son. The...
A scathing report has laid bare a decade of systemic corruption, criminal infiltration, and brazen extortion within the Victorian construction division of the Construction, Forestry, and Maritime Employees Union (CFMEU), revealing how the state’s signature $100 billion Big Build infrastructure program became a feeding trough for organised crime, costing taxpayers an estimated $15 billion (that...
Please note that as of January 1, 2026, Hayton Kosky Lawyers will not be accepting any new instructions for matters relating to adverse possession or boundary disputes. We will continue to provide our full range of other legal services. For information on our other areas of practice, please visit our website. Adverse possession and boundary...
Adverse PossessionPropertyGood Fences, Bad Blood: A Legal Look at the Rinehart Fence Dispute (NSW)
31 January 2026
Robert Frost’s famous line — “Good fences make good neighbours” — is often treated as rural gospel. Mark the boundary, keep the peace, and move on. But a dispute now heading through the NSW Supreme Court shows how quickly a fence can become something far bigger than timber, wire and posts. In a case attracting...
Estate PlanningMortgageTop 10 Reverse Mortgage Providers in Australia – Comparison Table
26 January 2026
What is a Reverse Mortgage? A reverse mortgage is a loan product that allows homeowners aged 55 and over to access the equity built up in their home without having to sell the property or make regular loan repayments. The borrower continues to own and live in their home while the lender advances funds based...
Estate PlanningMortgageSuperannuationThe Hidden Cost of Helping: Secondary Impacts of Reverse Mortgages on Your Retirement Security
26 January 2026
In an era of continually soaring property prices, the “Bank of Mum and Dad” has become a crucial lifeline for many young Australians striving to own a home. For retirees who have paid off their mortgage, the temptation to unlock the significant equity in their home to help their children or grandchildren with a deposit...
Estate PlanningProbate & WillsFastest Grant Ever? Probate Office Sets Same-Day Record
23 January 2026
In an unexpected — and very welcome — surprise, the Probate Office has just set a new internal record for speed. Earlier today, we lodged a Letters of Administration application at 1:03pm. By 1:54pm, the Grant had been approved and issued — a turnaround time of just 51 minutes. While most Grants take several days...
ConveyancingMortgagePropertyMortgage Fraud in Australia: How Fraudsters Exploit Banking Systems and Professional Networks
19 January 2026
The Australian mortgage market, valued at hundreds of billions of dollars, has become an increasingly attractive target for sophisticated fraudsters. Recent high-profile cases have exposed vulnerabilities in bank approval processes and revealed how corrupt professionals—including mortgage brokers, real estate agents, and lawyers—can work in coordinated networks to perpetrate massive fraud schemes. Understanding these tactics is...
ConveyancingPropertySuperannuationSERV Victoria: A Comprehensive Overview of Land Registry Services
7 January 2026
January 2026 Executive Summary This report provides a comprehensive analysis of Secure Electronic Registries Victoria (SERV), the private operator of Victoria’s Land Titles and Registry functions. It addresses key questions regarding SERV’s ownership structure, the range of services it provides, and the specific land registry functions the Victorian Government has retained since the 2018 privatisation....
