Property Archives - Hayton Kosky

Property UncategorisedSingle Dwelling Covenants: The Private Agreements Coming Under Public Fire

5 December 2025

For decades, private agreements known as restrictive covenants have shaped the character of many Melbourne suburbs, often guaranteeing large blocks and low-density housing. Thousands of these covenants exist, frequently introduced by developers or struck between property owners to prevent subdivisions and second dwellings. However, these agreements—which in some cases can be set 50 or 100...

PropertyThe Uncapped Legacy: How Jeff Kennett’s Reforms Created a Land Tax Monster

2 October 2025

Introduction During his tenure as the 43rd Premier of Victoria, Jeff Kennett spearheaded a series of radical reforms that reshaped the state’s political and economic landscape. Among the most significant of these were the sweeping amalgamations of local councils and the introduction of a cap on council rate increases. At the time, these measures were...

Adverse Possession PropertyThe Nudge and the Landmark: Unpacking the Man Behind Mabo

11 September 2025

Walk from the High Court of Australia towards the National Library, and you’ll encounter something unique in the Australian landscape: a monument not to a soldier or a politician, but to a court judgment. Etched in steel are the powerful words of Sir Gerard Brennan, from a decision that forever changed the nation: “The common...

Conveyancing PropertyIs Your Paper Title Deed Still Valid? Victoria’s Shift to Electronic Titles Explained

20 August 2025

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...

Conveyancing PropertyProperty Red Flags: Your Guide to Avoiding Costly Apartment Mistakes in Victoria

13 August 2025

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...

Conveyancing PropertyUnderquoting in Victoria: Why the Current Ban Isn’t Enough — and the Case for Disclosing Reserve Prices

11 August 2025

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...

Conveyancing PropertyCan You Get Your Deposit Early? A Risky Shortcut for Victorian Property Sellers

8 August 2025

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...

Conveyancing Estate Planning Property Superannuation TrustSuperannuation’s $3 Million Tax: How Victorian Taxpayers Can Strategically Navigate Division 296

5 August 2025

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...

PropertyThe Impossible Dream: Why Victorian First Home Buyers Face an Uphill Battle

5 August 2025

The journey to homeownership in Victoria, once a predictable path, has become an “impossible” dream for an entire generation of first home buyers1. The stark reality is that for most Victorians, purchasing a first home is now financially unattainable without significant family assistance or extraordinary circumstances2. This crisis is more than just a market...

PropertyVictorian Towns Face Gas Disconnection in 2026: What Property Owners Need to Know About Their Legal Rights

4 August 2025

The energy landscape in Victoria is undergoing a significant transformation, with 10 regional towns set to lose their mains gas supply by the end of 2026. This development affects approximately 1,100 customers across Marong, Terang, Lakes Entrance, Orbost, Heathcote, Nathalia, Swan Hill, Maldon, Robinvale, and Kerang, raising important questions about consumer rights and legal protections...

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