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Monday 9am - 5pm Tuesday 9am - 5pm Wednesday 9am - 5pm Thursday 9am - 5pm Friday 9am - 5pm

Cimino & Cimino, c/o JustCo, Level 5, 447 Collins Street, Melbourne (2026)

Q: What is the address?

C/o JustCo, Level 5, 447 Collins Street

29/09/2026

Can an empty Melbourne block attract vacant residential land tax?

Yes. Since 1 January 2026, certain undeveloped land in metropolitan Melbourne can attract vacant residential land tax (VRLT), even if there is no house on it. The rules target land capable of residential development that has remained undeveloped for at least five continuous years, subject to exclusions and exemptions.

Which blocks are affected?

The rules cover 31 metropolitan council areas, including growth areas such as Melton, Wyndham and Casey. Zoning, actual use and development history matter. Land genuinely used or being developed for a non-residential purpose may fall outside these rules.

The five-year period is measured immediately before the relevant tax year and can include years before 2026. It does not automatically start on 1 January 2026.

A genuine change of ownership breaks that period. However, this does not apply if the Commissioner considers the transfer was made to reduce or avoid VRLT.

How much is the tax?

Qualifying undeveloped land is taxed at 1% of its capital improved value, which includes the land and any improvements. There is no tax-free threshold.

For example, a liable block with a capital improved value of $800,000 would attract $8,000 in annual VRLT. This is additional to any ordinary land tax payable. The escalating 2% and 3% VRLT rates for some other vacant properties do not apply to this category.

Could an exemption apply?

Land incapable of residential development may be exempt. Physical constraints, planning restrictions and restrictive covenants can be relevant.

An adjoining block used for the private enjoyment of a main residence or qualifying holiday home may also qualify, subject to ownership and other conditions. Simply owning the neighbouring block is not enough.

Relief may also be available where a home is to be built but construction has not started for an acceptable reason. It requires the Commissioner's assessment.

What should owners check?

Check the block's zoning, ownership and development history, valuation and exemption position. Before buying, review the property clearance certificate and investigate any outstanding VRLT.

Check notification obligations before 15 February each year, including when claiming an exemption. If already notified, a fresh notification is generally needed only when circumstances change. Missed notifications should be made promptly.

This article provides general information only and is not legal advice. Legal requirements and individual circumstances vary. Obtain advice about your specific situation.

https://ciminoandcimino.com.au/vacant-residential-land-tax-empty-melbourne-block

13/09/2026

Will Victorian auction reserve prices have to be disclosed?

Yes. New Victorian laws require agents to publish the seller’s reserve price at least seven days before residential auctions and fixed-date sales held from 16 October 2026. The reforms commence on 1 October, with a transition period for earlier sales. Current rules continue until the new requirements apply.

The change is intended to give buyers clearer price information before they spend time and money preparing to bid.

What must be disclosed?

The reserve must appear as a single dollar amount, without qualifications such as “from”, “over” or “+”. Advertising must be updated to reflect it.

A new Property Price Statement will replace the Statement of Information for affected sales. It must be displayed prominently and include key features of the property and comparable sales.

For an auction on 16 October 2026, the reserve must be disclosed by 9 October. The auction cannot proceed if the required seven days of disclosure have not occurred.

Can the seller change the reserve?

Yes, but changing a published reserve, whether upwards or downwards, restarts the seven-day period. The auction or fixed-date sale must wait until the revised reserve has been publicly available for another seven days.

Sellers should therefore discuss their expectations with the agent early and consider how a later change could affect the sale timetable.

Can a property still sell before auction?

Yes. Consumer Affairs Victoria says ordinary pre-auction offers can proceed as private sales without the seven-day requirement. An accepted offer can lead to the auction being cancelled. However, a process inviting offers by a specified deadline may itself be a fixed-date sale.

A published reserve does not guarantee that an offer at that amount will be accepted. Buyers should still assess value, confirm their finance and review the contract, vendor statement and property condition before committing.

This article provides general information only and is not legal advice. Legal requirements and individual circumstances vary. Obtain advice about your specific situation.

https://ciminoandcimino.com.au/victoria-auction-reserve-price-disclosure

09/09/2026

Buying off the plan in Victoria: can you still save stamp duty?

Yes. Victoria’s extended temporary concession can reduce stamp duty on eligible off-the-plan apartments, units and townhouses. It covers contracts entered into on or after 21 October 2024 and before 21 April 2027. Eligibility depends on the contract date, not the settlement date.

Which properties and buyers qualify?

The property must be a lot in a subdivision with common property, such as a shared driveway, managed by an owners corporation once the plan is registered. A house-and-land package without that common-property arrangement does not qualify for this temporary concession.

Investors, companies and trusts can qualify, as well as owner-occupiers. There is no property-value cap, and you do not have to be a first home buyer or live in the property.

How does the saving work?

The concession reduces the property value used to calculate duty by deducting eligible construction costs incurred on or after the contract date.

For example, suppose an eligible apartment costs $900,000 and the allowable construction deduction is $350,000. Duty would be calculated on $550,000, assuming no higher market value applies. The $350,000 is a reduction in the assessment value, not the amount of tax saved.

Buying after construction starts can reduce the deduction because work already completed is not part of the eligible remaining construction. Generally, the further advanced the building, the smaller the potential saving.

The actual saving depends on the eligible costs and any other applicable relief. Ask for a supported estimate rather than relying on an advertised maximum saving.

What should you check before signing?

Confirm the proposed subdivision includes common property and obtain the vendor’s construction information supporting the calculation.

The temporary concession does not reduce foreign purchaser additional duty. Separate first home buyer benefits and the ordinary off-the-plan concession have their own eligibility rules.

Before changing the purchaser or nominating someone else to complete the purchase, check the duty consequences. Additional duty can arise where extra consideration is paid or land development occurs between signing and nomination, subject to applicable exceptions. The replacement buyer’s eligibility also needs checking.

A duty saving also does not remove the risks of delayed completion, changed plans, a lower valuation or difficulty obtaining finance. Review the contract and funding arrangements before committing.

This article provides general information only and is not legal advice. Legal requirements and individual circumstances vary. Obtain advice about your specific situation.

https://ciminoandcimino.com.au/buying-off-the-plan-victoria-stamp-duty-concession

01/09/2026

Victoria’s Updated Retail Leasing Brochure Is Now Mandatory

From 1 July 2026, Victorian landlords entering negotiations for a new retail lease must give the prospective tenant the updated Retail Leases Information Brochure for Tenants published by the Victorian Small Business Commission.

The new edition replaces all earlier versions. Landlords and their representatives should no longer use an old saved copy, printed brochure or outdated electronic link for negotiations that start on or after that date.

What has changed?

The obligation to provide an information brochure is not new. Victorian retail leasing law already requires a landlord, or someone acting for the landlord, to give a prospective tenant a copy of the proposed lease and the prescribed information brochure as soon as lease negotiations begin.

What changed on 1 July 2026 was the brochure that must be provided. The updated version uses clearer language and directs prospective tenants to consider the full financial and practical effect of the proposed lease. It covers matters including:

rent, rent increases and outgoings
security deposits, fit-out expenses and end-of-lease make-good costs
the permitted use of the premises and required council permits
options to renew and the minimum five-year term rules
the documents tenants should receive before entering into the lease
dispute resolution through the Victorian Small Business Commission.

The brochure is also available in 14 community languages.

The brochure does not replace the disclosure statement

The information brochure and the landlord’s disclosure statement are separate documents with different purposes and timing requirements.

The updated brochure and proposed lease must be provided when negotiations begin. The prescribed disclosure statement, together with the proposed lease, must generally be provided at least 14 days before the lease is entered into.

Practical implications

Landlords and leasing agents should replace outdated brochures in their templates, leasing packs and electronic systems. They should also retain a record showing which version was provided and when. Failure to provide the current brochure may constitute an offence and expose the landlord to a fine.

Prospective tenants should use the brochure as a checklist, but should not assume that receiving it explains or alters the particular terms of their proposed lease.

This article provides general information only and is not legal advice. Legal requirements and individual circumstances vary. Obtain advice about your specific situation.

28/08/2026

Victoria’s Intestacy Statutory Legacy Is Now $591,390

From 1 July 2026, Victoria’s statutory legacy for a surviving partner increased from $573,640 to $591,390. The date of death determines which annual amount applies, so deaths before that date remain subject to the earlier figure.

The statutory legacy is recalculated for each financial year using a formula based on Melbourne CPI, although the legislation prevents a calculated reduction from taking effect.

When does the statutory legacy apply?

The statutory legacy only applies in particular intestacy situations. It becomes relevant when a person dies wholly or partly intestate, meaning no valid will governs some or all of their estate, and leaves one surviving partner together with a child or other descendant of the deceased who is not also a child or descendant of that partner. This often arises in blended families.

It applies to the residuary estate: broadly, what remains after administration costs, debts and liabilities have been dealt with and any effective specific gifts have been paid. Correctly identifying the property that forms part of the estate is therefore essential.

How is the estate divided?

For an estate with one surviving partner, if the residuary estate is worth no more than $591,390, the partner is entitled to the whole estate, including the deceased’s personal chattels.

If the residuary estate is worth more than $591,390, the partner is entitled to the personal chattels, the $591,390 statutory legacy, interest on that legacy from the date of death until payment, and one half of the remaining balance. The deceased’s children or their descendants share the other half in the proportions set by law.

Why does this matter?

Intestacy rules apply a statutory formula, which may not reflect the deceased’s intentions. The result can also change where there is more than one partner, uncertainty about a relationship or family connection, assets outside the estate, a partial intestacy, or a family provision claim.

An up-to-date will and coordinated estate planning can reduce uncertainty. When administering an intestate estate, the applicable amount and beneficiaries should be assessed using the date of death and the complete family and asset circumstances.

This article provides general information only and is not legal advice. Legal requirements and individual circumstances vary. Obtain advice about your specific situation.

23/08/2026

Solicitor’s Certificates for Guarantors: Why It Is Not Just a Signature

When a lender asks a guarantor for a solicitor’s certificate, the request can sound like a brief formality. It is not. The certificate records that an independent solicitor has advised the guarantor about the legal effect of the loan, guarantee and security documents.

What the solicitor needs to explain

The advice is specific to the actual documents. Your solicitor will discuss the terms of the loan and your obligations as guarantor. This ordinarily includes the loan amount, interest and default interest, the term, repayment obligations, secured property or other assets, and the potential consequences if the borrower defaults.

Depending on the documents, a guarantor may face enforcement action and a risk of losing secured assets. The appointment is for legal advice; it is not a financial assessment of whether the transaction is affordable or commercially worthwhile.

What you should provide

Provide the complete, final document set as early as possible. This may include the loan or facility agreement, guarantee and indemnity, mortgage or other security documents, schedules, terms and any relevant trust or company documents.

SMSFs and limited recourse borrowing arrangements

A transaction involving a self-managed superannuation fund (SMSF) and a limited recourse borrowing arrangement (LRBA) may involve additional parties, entities and documents. The solicitor may need to review relevant trust deeds, company documents and transaction documents before advising a guarantor. Supplying the complete documents early helps identify who is giving the guarantee, what obligations are being assumed and which assets may be exposed.

What happens at the appointment

Current Victorian risk guidance states that verification of identity and the certificate should be completed face to face and in person. The solicitor must also be satisfied that the guarantor understands the advice and is acting freely. If an interpreter is needed, an independent interpreter and the prescribed certificate may be required.

Why urgent requests can be difficult

A solicitor must review the documents, identify relevant risks, give tailored advice and make proper records. Missing documents, late changes or uncertainty about the client’s understanding can delay the process. Sending everything early gives the matter the best prospect of being completed within the lender’s timeframe.

This article provides general information only and is not legal advice. Legal requirements and individual circumstances vary. Obtain advice about your specific situation.

https://ciminoandcimino.com.au/solicitors-certificates-for-guarantors-not-just-a-signature

Cimino & Cimino

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