Property Archives - Hayton Kosky

Estate Planning Property TrustGifting Assets to a Family Trust: Legal Pitfalls and Protective Strategies

5 July 2025

Transferring personal assets into a family trust is a popular vehicle for wealth protection and estate planning. The advantages are well-publicised—asset shielding, tax planning, succession control—but the legal mechanics behind the transfer are often overlooked. As accountant Geoff Gartly notes, family trusts can serve as a flexible and central structure for managing investments. This post...

Conveyancing International Property UncategorisedA Practical Guide to AML Checks for Lawyers and Conveyancers

4 July 2025

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...

Conveyancing Property UncategorisedThe Great Australian Dream Under Siege: Why Government Housing Policy is Ignoring You

1 July 2025

In the heart of the Australian suburbs, a fundamental conflict is brewing. It’s a clash between the cherished dream of a backyard and a detached home, and a government-led agenda aggressively pushing for high-density apartment living. This policy direction, driven by all levels of government, is unfolding against the backdrop of the worst housing affordability...

Conveyancing PropertyNavigating the Latest Changes to Victorian State Taxes

1 July 2025

Published: July 1, 2025 The Victorian Government has recently passed the State Taxation Acts Amendment Act 2025, introducing several important changes to state taxation laws. Following its Royal Assent on June 24, 2025, the act brings updates that will affect property buyers, developers, businesses, and landowners across the state. Here’s a breakdown of the key...

Conveyancing Property UncategorisedUnlocking Your First Home: A Guide to Victorian First Home Buyer Benefits

30 June 2025

For many Victorians, the dream of owning a home can feel like a distant ambition. The financial hurdles, from saving a deposit to covering transaction costs, are significant. Fortunately, the Victorian Government offers a helping hand through several initiatives designed to make homeownership more accessible. Whether you’re buying a new build or an established property,...

Conveyancing Family Law PropertyThe Bank of Mum & Dad: How to Protect Your Family Loan from a Relationship Breakdown

29 June 2025

The Australian dream of homeownership is increasingly being financed by the “Bank of Mum and Dad.” With property prices soaring, it’s now common for parents to contribute tens, or even hundreds, of thousands of dollars to help their children secure a first home. It’s a generous act of love. But it’s also a significant financial...

Conveyancing Property UncategorisedThe Hidden Trap That’s Costing Victorian Property Investors Millions

28 June 2025

Picture this: You’ve just purchased your third investment property in Melbourne, feeling proud of your growing portfolio. Your accountant set up the first property in your personal name for “simplicity,” and you’ve continued with the same structure ever since. Fast forward five years, and a single professional indemnity claim threatens to wipe out your entire...

Conveyancing PropertyNavigating Victoria’s Public Open Space Levy: A Framework for Developers

25 May 2025

Victoria’s urban landscape is continually evolving, driven by population growth and the imperative for sustainable development. A cornerstone of this growth management is the Public Open Space (POS) levy, a critical mechanism ensuring that new developments contribute to the provision of essential community infrastructure. For property developers, understanding the legislative intricacies of this levy is...

PropertyHow Developers Legally Avoid Paying Victoria’s Public Open Space Levy and Land Tax

25 May 2025

In Victoria, a segment of property developers—particularly those engaged in build-to-rent (BTR) schemes—are taking advantage of legal frameworks to sidestep certain state and local tax obligations. While not inherently unlawful, these strategies highlight gaps in legislation that municipalities and the State Revenue Office (SRO) are now scrutinizing. Avoiding the Public Open Space Levy Ordinarily, developers...

Conveyancing PropertyVictoria’s Emergency Services and Volunteer Fund (ESVF): Current Situation

24 May 2025

Overview The Emergency Services and Volunteer Fund (ESVF) is a new property tax that will replace the existing Fire Services Property Levy (FSPL) in Victoria starting July 1, 2025. The Victorian Parliament passed the legislation last week, and it represents a significant increase in property taxes for Victorian landowners. Background and Implementation The ESVF replaces...

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