Property lawyers naturally focus on the transaction right in front of them. However, revenue authorities frequently look at the transaction that came before it. When advising on a stamp duty exemption or concession, considering the current transaction in isolation is a high-risk approach. You must always investigate the historical transactions upon which the present exemption...
In the rapidly evolving landscape of AML/CTF compliance, a visual decision tree is often a practitioner’s best friend. It simplifies complex legislative requirements into actionable steps. However, as our recent internal audit in June 2026 highlighted, even the most intuitive diagrams require constant refinement to stay aligned with the latest AUSTRAC guidance and the...
Human composting, also known as natural organic reduction (NOR) or terramation, is currently not a legal or available method of body disposal in Victoria, Australia. Under the Cemeteries and Crematoria Act 2003 (Vic), the primary lawful methods of body disposal are interment (burial) and cremation. Any alternative method of disposal requires explicit authorisation from the...
For decades, the Australian "Great Dream" of home ownership has slowly transformed into a complex national crisis. While politicians of all stripes regularly offer "solutions," independent economist Saul Eslake argues that the reason the problem persists is far more cynical than a lack of policy ideas. The reality, as Eslake suggests in a recent interview,...
For years, the Australian legal profession has operated on the periphery of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act). While financial institutions have long been on the frontline, the "Tranche 2" reforms are set to bring lawyers, accountants, and real estate agents—often referred to as "gatekeepers"—fully into the regulatory fold. This shift represents more...
Recent data from the State Revenue Office (SRO) of Victoria signals a hardening regulatory environment for first home buyers. As the SRO increases its scrutiny of support schemes, a growing number of purchasers are finding themselves on the wrong side of strict eligibility and residency requirements, facing significant financial exposure. For property purchasers, the takeaway...
Norman O'Bryan is a former Senior Counsel and prominent member of the Victorian Bar whose career spanned several decades before culminating in one of the most significant legal scandals in Victorian history. Born into a distinguished legal dynasty, O'Bryan achieved the highest academic and professional honours, including the Supreme Court Prize, a Rhodes Scholarship, and...
Helping a child buy their first home is one of the most generous things a parent can do. Across Australia, the so-called "Bank of Mum and Dad" is now one of the largest informal lenders in the property market — and in Victoria, where median house prices remain well above the reach of most first-time...
For high-income earners and business owners, the end of a financial year often prompts the same question: is there a smarter way to manage tax? The answer, for those with a genuine desire to give back, may lie in one of Australia's most underutilised yet powerful philanthropic structures — the Private Ancillary Fund (PAF). A...
Hayton Kosky Lawyers | Commercial Property Update Brett Hayton | May 2026 Victoria is in the middle of the most significant reform to commercial property taxation in a generation. Since 1 July 2024, the stamp duty regime that has applied to every transfer of commercial and industrial property has begun its phased abolition — replaced...
