Luiza Struska Lawyer and Public Notary

16/02/2024

🌟 Key 2024 Property Tax Updates for Victorian Property Owners 📣

As February unfolds, I’d like to shine a light on some critical updates to property taxes in Victoria that took effect from the start of this year. Following the State Taxation Acts and Other Acts Amendment Act 2023, we're looking at several key adjustments that could impact your property strategy. Let's dive into the specifics and discuss some actionable tips:

End of Land Tax Adjustments 🚫

From 1 January 2024, the practice of adjusting land tax between vendors and purchasers in property transactions is no more. This streamlines responsibilities but requires attention to detail in new contracts.

Action Tip: Review any ongoing or planned property transactions to ensure compliance with the new rules. If your deal was sealed before 2024, you're in the clear, but it's important to double-check!

Introduction of Windfall Gains Tax 💨💰

Properties that soar in value due to rezoning now face a windfall gains tax, which cannot be transferred to future buyers. This aims to embed fairness in property valuations post-rezoning.

Action Tip: Before purchasing, investigate if potential rezoning could affect the property value and consider the windfall gains tax in your long-term financial planning.

Expansion of Vacant Residential Land Tax 🏠➡️💸

The VRLT now covers all of Victoria, targeting properties left vacant for over six months with a tax designed to encourage occupancy and use.

Action Tip: If you own property that might fall into this category, explore renting it out or otherwise ensuring it's occupied to avoid this tax. Remember, the clock started ticking on 1 January 2024!

New Tax on Unimproved Residential Land 🌳🚧

Aimed at encouraging the development of vacant plots, this tax will apply to unimproved residential land in specified areas from 1 January 2026.

Action Tip: Plan ahead! If you own such land, now is the time to consider development options or prepare for a potential sale. Don't wait until the tax kicks in to make your move.

These changes underscore the importance of staying informed and proactive in your property decisions. Whether you're buying, selling, or holding, understanding the implications of these tax adjustments is key to navigating the market successfully.

🔍 Need help or have questions? I’m here to provide clarity and support. Let’s ensure you’re positioned to thrive in this evolving tax landscape.

04/01/2024

🌟 Important Update for Property Investors in Australia! 🌟

🏠 I'm here to alert you about crucial changes to the Foreign Resident Capital Gains Withholding (FRCGW) Tax regime, effective from 1 January 2025. It's vital to note that being an Australian citizen doesn't automatically exempt you from being considered a foreign resident for tax purposes.

📊 The tax changes are significant: withholding rates will increase from 12.5% to 15%, and the applicable threshold is being reduced to $0. This means all property sales by foreign residents, as defined for tax purposes, will now be subject to this withholding tax.

🔍 Are you wondering how these changes might impact your property investments in Australia? Need guidance on navigating these new rules?

📖 Check out this blog for detailed insights and practical tips to effectively manage your property investments under the new regime. Being well-informed is key to making smart investment decisions!

👉 Read more here: https://connectlaw.com.au/foreign-residents-beware-key-tips-on-navigating-australias-new-capital-gains-tax-rules/

Read the post on "Foreign Residents Beware: Key Tips on Navigating Australia's New Capital Gains Tax Rules". ConnectLaw - Efficient and honest legal services

06/11/2023

📜 Understanding International Legal Documents: What You Need to Know When Seeking a Notary 🇵🇱

Navigating legal documents across international borders can be a complex task, especially when it involves two different legal systems like Australia and Poland. Born and raised in Poland, and having studied law at the University of Gdańsk, I’ve experienced first-hand the intricacies of both Polish and Australian legal systems. 🎓🌍

Bridging the Language and Cultural Gap
Being fluent in both Polish and English, I am in a unique position to help bridge the language and cultural gap for my clients. This often means that an additional translator is not necessary. 🗣️🇵🇱

Providing Polish Legal Insights
My background in Polish legal studies provides me with the knowledge needed to understand the specific requirements and standards set by Polish laws. 📜🇵🇱

Australian Notarial Expertise
While I am not admitted to practice in Poland, my comprehensive understanding of Australian notarial practices ensures that your documents are correctly authenticated for international use. 🇦🇺📜

Streamlining Your Legal Journey
With my bilingual abilities and cross-cultural understanding, I aim to provide a seamless experience for my clients. From verifying Polish documents to facilitating the apostille process, I am here to guide you every step of the way. ⏩✅

Empowering You in Your Legal Needs
It’s important to understand that certain legal documents intended for use in Poland may require the attention of a Polish notary. While I can assist in the signing process and help secure an apostille, I cannot draft documents for use in Polish jurisdiction. However, my extensive knowledge of Polish law and culture places me in a prime position to advise and guide you throughout this process. 📘💪

I am here to empower you in navigating the international legal landscape, providing support, knowledge, and a unique perspective shaped by my Polish heritage and Australian expertise. Let’s tackle your legal challenges together! 🤝✨

📜 Zrozumienie Międzynarodowych Dokumentów Prawnych: Co Warto Wiedzieć Szukając Notariusza 🇵🇱

Poruszanie się po dokumentach prawnych między granicami może być skomplikowanym zadaniem, zwłaszcza gdy dotyczy to dwóch różnych systemów prawnych, takich jak Australia i Polska. Urodziłam się i wychowałam w Polsce, a studia prawnicze odbyłam na Uniwersytecie Gdańskim. Z doświadczenia znam subtelności zarówno polskiego, jak i australijskiego systemu prawnego. 🎓🌍

Przekraczając Barierę Językową i Kulturową
Biegle mówiąc zarówno po polsku, jak i po angielsku, jestem w stanie pomóc moim klientom przełamać barierę językową i kulturową. Często oznacza to, że dodatkowy tłumacz nie jest potrzebny. 🗣️🇵🇱

Dostarczanie Wglądu w Polskie Prawo
Moje wykształcenie z zakresu prawa polskiego dostarcza mi wiedzy potrzebnej do zrozumienia konkretnych wymagań i standardów ustanowionych przez polskie prawo. 📜🇵🇱

Australijska Ekspertyza Notarialna
Chociaż nie jestem dopuszczona do praktyki w Polsce, moja wszechstronna znajomość australijskich praktyk notarialnych zapewnia, że Twoje dokumenty są prawidłowo uwierzytelnione do użytku międzynarodowego. 🇦🇺📜

Usprawnianie Twojej Prawnej Podróży
Dzięki moim zdolnościom dwujęzycznym i zrozumieniu międzykulturowemu staram się zapewnić moim klientom nieskomplikowane doświadczenie. Od weryfikacji polskich dokumentów po ułatwianie procesu apostille, jestem tutaj, aby Cię prowadzić na każdym kroku. ⏩✅

Wspieranie Cię w Twoich Potrzebach Prawnych
Ważne jest, aby zrozumieć, że pewne dokumenty prawne przeznaczone do użytku w Polsce mogą wymagać uwagi polskiego notariusza. Chociaż mogę pomóc w procesie podpisywania i pomóc w zabezpieczeniu apostille, nie mogę sporządzać dokumentów do użytku w jurysdykcji polskiej. Jednak moja obszerna wiedza z zakresu prawa i kultury polskiej stawia mnie w doskonałej pozycji, aby doradzać i prowadzić Cię przez ten proces. 📘💪

Jestem tutaj, aby pomóc Ci poruszać się po międzynarodowym krajobrazie prawnym, dostarczając wsparcie, wiedzę oraz unikalną perspektywę kształtowaną przez moje polskie dziedzictwo i australijską ekspertyzę. Razem uporajmy się z Twoimi prawnymi wyzwaniami! 🤝✨

29/10/2023

🏡💼 Demystifying Terms Contracts in Property Transactions📘✨

Navigating through real estate transactions can be quite a maze 🌀, especially when it comes to understanding terms contracts. So, let's break it down! 📝

1. What Exactly is a Terms Contract? 🤔
- It's a specific type of contract 📃 in property sales that involves multiple payments 💰 or early possession 🗝 before the complete transfer of ownership.
- The criteria? Being obligated to make more than two payments (excluding the deposit and final payment) or taking possession/receiving rents 🏠💸 before you've fully sealed the deal.

2. The Importance of Legal Documentation 📑
- Ensuring all legal documents, such as the Section 32 statement and contract of sale, are up to par with the Sale of Land Act’s (SLA) requirements is critical! ⚠️
- Missing a beat here can lead to the contract becoming voidable, and trust me, that's a situation you want to avoid! 🛑

3. Payments in Terms Contracts: The Nitty-Gritty 💳
- It's all in the timing ⏰. Payments made after 60 days from when the contract is signed matter, excluding your initial deposit and the final showdown at settlement.
- Payments that don't count towards this include those deposit installments made within 60 days, the final grand payment, anything paid before signing, and those voluntary extra payments.

4. Real-Life Scenarios: What Would You Do? 🤷
- Imagine a $5 million land deal 💰🏞, requiring payment in four big chunks over three years. Two payments after the 60-day mark? That's a terms contract!
- Change it up, make only one payment post the 60-day mark, and you're out of the terms contract territory.

5. The Necessity of Due Diligence 🔎
- You’ve got to review, review, review! 🧐 Make sure those payment schedules and contract terms are on point and in line with the SLA.
- Everyone involved, vendors, and purchasers alike, should be crystal clear on what their rights and responsibilities are.

6. Tackling Complex Contracts with Confidence 🛡
- Terms contracts are tricky business. Understanding them inside and out is the key to a smooth and successful property transaction. 🏡💼

Sharing knowledge and insights to empower you on your property journey! 📘✨

28/11/2022

Today I have been appointed to practice a Public Notary by the Supreme Court of Victoria.

This has been a long-ish journey but I am finally here!

I wish to express my deep gratitude to Professor Peter Zablud, the President of The Society of Notaries of Victoria Inc., Mr Michael Bulla and the whole community of the Victorian Notariat for their support and hard work in educating and mentoring their young peers!

I am looking forward to practice and help to serve the community by recording legal transactions for use abroad. Exciting times ahead!

P.S. I appear to be the only notary currently registered with The Society of Notaries of Victoria Inc. who speaks Polish so if you know of anyone else, please let me know!

24/07/2020

‘What happens if my neighbour and I disagree about the location of the common boundary?’

If you and your neighbour do not agree about the location of the common boundary, you may give your neighbour a boundary survey notice. This can be given at the same time as, or after, a fencing notice is given.

The boundary survey notice will set out your intention to have the common boundary defined by a licensed surveyor unless its location can be agreed.

Your neighbour will have 30 days to agree to the location of the common boundary, express their own view about the location of the common boundary, or engage a licensed surveyor to define the common boundary.

If, after 30 days, there is still no agreement about the location of the common boundary and the boundary has not been defined by a licensed surveyor, you may then engage your licensed surveyor and, usually, your neighbour would need to contribute to the costs of the survey. I say usually, because there is an exception to this rule.

If your neighbour receives your boundary survey notice and expresses a view about the location of the common boundary, but you do not agree with this and decide to engage a licensed surveyor anyway, but the survey then shows that the location of the common boundary is in the same place as your neighbour thought it was, your neighbour does not have to contribute to the cost of the survey. You will bear the full cost in recognition that only you considered a survey to be necessary.

Lastly, one thing to remember is that if there is a boundary dispute, the 30-day period regarding the fencing notice after which you can commence court action is suspended until the location of the common boundary is agreed or defined by a licensed surveyor.

Do you know if your fence has been built on the boundary? What if it hasn’t? Do you know what to do next?

20/07/2020

'How much should my neighbour contribute to the dividing fence?'

Generally, you and your neighbour will need to contribute to the fencing works in equal shares.

This applies if the proposed fence is considered a ‘sufficient dividing fence’. And what a sufficient dividing fence is, will depend on the circumstances.

If you want a fence that is of a higher standard or of a different type than a sufficient dividing fence, for example, a higher fence or one made of more expensive materials, then you will need to make up the difference in cost between a sufficient dividing fence and the higher standard.

'What if I need to clear the land in order to build the fence? Who pays for it?'

Both you and your neighbour must equally contribute to the fencing works, and any other associated works to allow the fencing works to take place. These works may include clearing the land, removing the existing dividing fence and using temporary barriers.

Do you know any good fencing contractor? 💪

17/07/2020

'What should I do if my neighbour does not agree to the works proposed in the fencing notice?'

If your neighbour does not agree to the works proposed in your fencing notice, you cannot proceed with the fencing works. 😕

You should try to negotiate an agreement or wait until the 30 days expires and then initiate an action in the Magistrates’ Court.

A Magistrate will then determine whether works are needed and if so, what works exactly, what type of fence should be built, the time within which the works should be carried out and how much you and your neighbour should contribute.🥳

14/07/2020

'What is a fencing notice?' 🤷‍♀️

A fencing notice is a formal document that sets out your proposal for construction or repair of a dividing fence or other works that need to be done.

The fencing notice will have details such as:
• the boundary line on which the works should be carried out
• the type of works to be carried out
• the fencing contractor to be engaged to undertake the works
• an estimate of the cost
and
• the expected contribution proportions.

Have you ever received a fencing notice? 🎁

10/07/2020

'What should I do if I want to build or repair my dividing fence?'

Reach out to your neighbour informally and see whether they would be willing to agree on the type of fence or repairs required, the contractor that you will employ, the costs of the works.

If you come to an agreement, you can go ahead with the fencing works.

However, if your neighbour does not agree to your proposal, then you cannot attend to any works until you have followed the process set out in the Fences Act.

First, prepare and serve on your neighbour a ‘fencing notice’.
You can hand the fencing notice to your neighbour personally or send it by post, preferably, registered post so that you have confirmation of the day your neighbour has received it.

If your neighbour does not respond to your fencing notice within 30 days, then you can proceed with the works without their agreement and later you can recover their contribution by making a claim in the Magistrates’ Court.

Remember, the fencing notice is required even if you are not seeking your neighbour’s financial contribution!

Going to court may be expensive so before you commence a legal proceeding, you can negotiate with your neighbour a solution that avoids court. You can contact the Dispute Settlement Centre which offers free mediation services designed to help neighbours resolve their disputes.

What condition is your fence in?