The humble paper Certificate of Title, for generations the ultimate symbol of property ownership in Victoria, is officially riding into the sunset. As of 3 August 2024, the Victorian Register of Land has gone fully digital, issuing only electronic Certificates of Title (eCTs). But what does this mean for you as a property owner? Is...
Published by Hayton Kosky Lawyers Date: 13 August 2025 When the Great Australian Dream Becomes a Financial Nightmare It’s a story that sends a shiver down the spine of any aspiring property owner. A Melbourne mum recently made headlines after her dream apartment purchase left her $30,000 out of pocket. The culprit? A single, seemingly...
If you’ve ever fallen in love with a property at auction, only to discover the vendor’s reserve price was far higher than the advertised guide, you’re not alone. In Victoria, underquoting — advertising a property at a price lower than it is reasonably expected to sell for — has long been illegal under the Estate...
Selling property in Victoria can be a long game. From the day of sale to the settlement date, months can pass, and for many vendors, the deposit sitting in a trust account can feel tantalisingly close yet frustratingly out of reach. It’s no surprise that the question often arises: can we get that deposit released...
The proposed Division 296 tax, targeting superannuation balances over $3 million, presents a significant challenge for many Australians. This additional 15% tax on investment earnings above the threshold effectively doubles the tax rate on those earnings to 30%, making sophisticated mitigation strategies a necessity for high-balance super members. While the legislation has lapsed and will...
A Practitioner’s Guide to High-Risk Conveyancing Encounters An Anonymous Perspective from the Legal Trenches Disclaimer: This post reflects the anonymous author’s professional observations and experience. It is intended for educational discussion only. No specific allegations are made against any individual or entity. There comes a moment in many practitioners’ careers when a contract lands on...
A Century-Old Riddle: The Challenge of Selling “Unsaleable” Land In the complex tapestry of Melbourne’s property market, few areas present a more tangled and seemingly hopeless case than the Solomon Heights Estate in Sunshine North. Described in a recent feature by The Age as Melbourne’s “worst case of urban blight” and a “zombie subdivision,” it...
Introduction: A Game-Changing Decision for Victorian Retirement Housing On 7 July 2025, Victorian Civil and Administrative Tribunal (VCAT) President Justice Ted Woodward delivered a landmark ruling that fundamentally challenges the business model underpinning Victoria’s land lease community sector. In proceedings brought by over 80 residents of the Wollert Lifestyle Community against Lifestyle Management 2 Pty...
Protecting Property Buyers from Hidden Defect Exclusions When purchasing property, the excitement of finding the perfect home or investment can overshadow one of the most crucial steps in the transaction process: obtaining a professional review of the contract of sale before signing. Overlooking this step can be costly, as many standard contracts contain clauses that...
Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) obligations are a critical part of the legal and conveyancing landscape in Australia. For legal professionals, these responsibilities are not just about ticking boxes; they are about protecting your practice, upholding the integrity of the financial system, and combating serious crime. This practical guide will walk you through...
