Uncategorised 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...

UncategorisedSlash Your Bills: The Triple Threat of Solar, PHEV, and a Heat Pump

15 November 2025

In an era of rising costs, the path to energy independence lies in combining smart technology with clean energy. Imagine a home where your biggest energy expenses—electricity, hot water, and transport—are powered by the sun. This dream is achievable by integrating a home solar system, a Plug-in Hybrid Electric Vehicle (PHEV), and a modern electric...

Estate Planning Superannuation UncategorisedThe $100M Collapse: How Every Watchdog Failed First Guardian’s 6,000 Investors

27 October 2025

October 27, 2025 It’s the kind of news that sends a chill down the spine of every Australian with a superannuation account. Yesterday, Netwealth, an ASX-listed financial giant with a market cap of nearly $8 billion, formally asked the federal government to use public funds to bail out its members to the tune of $101...

Ethics UncategorisedThe Wisdom of Delegation: Why Good Lawyers and Accountants Are Worth Their Weight in Peace of Mind

25 August 2025

“You can pretend to be happy if you want to,” Joey Bishop once told a reporter with characteristic bluntness. “I’m a worrier by nature,” he confessed to another. “No worrier is ever good-humored. I don’t know if a worrier ever is happy.” The comedian, known as the “Frown Prince” of Frank Sinatra’s legendary Rat Pack,...

UncategorisedTime to Axe the Tax: Why Victoria Needs to Swap Stamp Duty for a Federal Land Tax

14 August 2025

Victoria is in a precarious financial position. Labelled the “nation’s debt dunce”, the state’s gross debt reached a staggering $213 billion as of July this year. This figure represents nearly a third of the total debt owed by all Australian states and territories combined. While new, unpopular taxes on property and payrolls have managed to...

Leases Property UncategorisedIs Your Commercial Lease Secretly a Retail Lease? A Victorian Landlord’s Guide

24 July 2025

It’s a scenario becoming all too common across Victoria: a landlord and tenant sign what appears to be a standard commercial lease. All seems well for years until a dispute arises, or the tenant, facing rising costs, makes a startling claim: the lease is, in fact, a retail lease governed by the Retail Leases Act...

Probate & Wills UncategorisedIntestate Succession NSW: When On-Again Off-Again Relationships Challenge Traditional Inheritance Law

22 July 2025

The recent NSW Supreme Court decision in [case name withheld] presents a fascinating intersection of human complexity and legal categorisation that challenges our traditional understanding of inheritance rights [1]. Justice Peter Brereton’s ruling, which awarded an entire $300,000 estate to a former partner despite their tumultuous nine-year on-again off-again relationship, illuminates the profound difficulties courts...

Trust UncategorisedChoosing Your Business Structure: Company vs. Discretionary Family Trust in Australia

21 July 2025

Deciding on the right legal framework for your business is a cornerstone of long-term success. The choice between a corporate (Pty Ltd) structure and a discretionary family trust is a critical one for Australian entrepreneurs, with significant consequences for your liability, tax strategy, and future growth. While both are powerful options for holding a business,...

UncategorisedThe AI Trap in Legal Practice: Why Young Lawyers in Australia Risk Career Setbacks from Over-Reliance

12 July 2025

The Underestimated Risk Artificial Intelligence (AI) is transforming legal practice, but the impact differs starkly between generations. While seasoned lawyers leverage AI to augment their capabilities, many early-career Australian lawyers risk professional failure through uncritical dependence on AI-generated content. The core issue isn’t technological adoption—it’s quality control. The ability to assess the accuracy, appropriateness, and...

International UncategorisedAI in Australian Law: Job Killer or Career Maker? A Generational Deep Dive

8 July 2025

The legal world is buzzing with a single, high-stakes question: will Artificial Intelligence be our greatest tool or our replacement? The narrative is often one of anxiety, painting a future where algorithms handle discovery and automated contracts make junior roles obsolete. But here in Australia, a different, more complex story is unfolding. Recent data from...

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