Commercial Property & Development

KHQ News & Insights

SPEAR – technology leads to efficiency for subdivisions

Electronic lodging of Plans of Subdivision and Consolidation via SPEAR SPEAR is an online based lodging system operated by Land Use Victoria, allowing subdivision planning permit and certification applications to be compiled, lodged, managed, referred, approved and tracked online, anytime. A few months ago we undertook our first ever lodging of a plan of subdivision … Read more

E-conveyancing – does anyone want to settle electronically?

Unless you’re been living under a rock (or you’re unlucky enough not to practice in property law), the terms PEXA and e-conveyancing should be familiar to you. E-conveyancing is possibly the biggest shake up to conveyancing practice since the Torrens title system was introduced, and time is ticking on seemingly archaic paper transactions. So why … Read more

Exemption from foreign purchaser additional duty – new guidelines

The Treasurer has released new guidelines, effective from 5 January 2018, regarding the factors to be considered when determining whether a foreign purchaser is entitled to an exemption from foreign purchaser additional duty (FPAD) on residential land. We’ve summarised below the changes from the old guidelines, as well as the significant new guidelines. Summary The … Read more

Absentee owner land tax surcharge exemption – new guidelines

The Treasurer has released new guidelines, effective from 5 January 2018, regarding the factors to be considered when determining whether an absentee owner is entitled to an exemption from the absentee owner land tax surcharge (AOLTS). We’ve summarised below the changes from the old guidelines, as well as the significant new guidelines. Summary The new … Read more

Land tax surcharge bites landlords and tenants

A recent decision of the Victorian Civil and Administrative Tribunal (Tribunal) regarding a land tax surcharge may have a significant impact upon property investors and their tenants. What was the decision? In Kamirice Pty Ltd v Commissioner of State Revenue (Review and Regulation) [2017] VCAT 2087, the Tribunal upheld the Commissioner’s decision not to grant an … Read more

Why use a Heads of Agreement?

By James Lainas and David Krolikowski What is a Heads of Agreement (HOA)? An HOA is a written document that records two (or more) parties’ intentions to enter into a more comprehensive agreement in the future. It sets out the main commercial terms and other arrangements that the parties agree to include in the agreement, … Read more

Retail leases in Victoria

By James Lainas & Jennifer Huppert In Victoria, retail leases are governed by the Retail Leases Act 2003 (Vic) (Act). If your lease is deemed to be a retail lease, the Act imposes extra obligations on landlords and affords extra protections to tenants. Those obligations and protections override anything the parties may otherwise have agreed, … Read more