TSN Law

09/05/2025

TSN Law: Your Trusted Partner in Life’s Legal Journey!

Navigating legal challenges?

TSN Law has you covered! From **Family Law** (divorce, custody) to **Property Law** (transactions, disputes), **Business Law** (startups, contracts), and **Wills & Probate** (estate planning, inheritance)—we provide expert guidance with compassion and precision.

Protect your rights, assets, and future with a team that fights for you.

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Client Focused - Expert Advice - Law Simplified

21/04/2025

Don’t Let Financial Disputes Shatter Your Future — We’ll Fight for You!

The weight of financial conflict is crushing—sleepless nights filled with dread, the heartache of uncertainty, the rage of unfairness. It’s not just money at stake—it’s your security, your freedom, your future.

At TSN Law, we fiercely protect what’s yours. We understand the betrayal and desperation these battles bring, and we refuse to let you suffer in silence. With unyielding determination and compassion, we turn your fear into strength, your defeat into victory.

Stop the pain. Reclaim your power. Call us today—before it’s too late.

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Client Focused - Expert Advice - Law Simplified

10/04/2025

In Victoria, when a person dies without a valid will (intestate), their estate is distributed according to the rules set out in the Administration and Probate Act 1958 (Vic).

The process begins with an application to the Supreme Court of Victoria for Letters of Administration, which allows a close relative, usually a spouse, domestic partner, or next of kin to manage the estate.

The distribution of the estate follows a strict legal hierarchy.

If the deceased leaves a spouse or registered domestic partner but no children, the entire estate goes to the surviving partner.

If the deceased leaves a spouse and children, the spouse receives the deceased’s personal belongings, a statutory legacy, and half of any remaining estate. The other half is divided equally among the deceased’s children. If the deceased’s child has predeceased leaving descendants (such as grandchildren), their share passes to those descendants and if more than one, equally.

If the deceased leaves no surviving spouse but there are children, the children inherit the entire estate in equal shares.

If the deceased leaves no spouse, partner, or children, the estate passes in a set order: first to parents, then to siblings, then to grandparents, followed by aunts and uncles.

If no eligible relatives can be found, the estate ultimately goes to the State of Victoria.

Dying intestate can lead to delays, disputes among family members, and unintended outcomes such as distant relatives inheriting instead of close friends or charities.

To avoid this, it’s best to make a valid will, keep it updated after major life changes, and consider binding nominations for superannuation benefits, as superannuation does not form part of the deceased’s estate.

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03/04/2025

A will is a legal document that sets out how your assets and responsibilities should be handled after your death. It appoints an executor, who is responsible for administering your estate, ensuring debts and taxes are paid, and assets distributed. The will may also appoint a trustee to manage trusts created for beneficiaries, particularly if your assets are to be held in trust for minors or individuals who are unable to manage their own affairs.

Beneficiaries are the individuals or organizations you intend to receive gifts, which can include money, property, or personal items. If you have children, the will often names a guardian to care for them, ensuring their well-being and upbringing align with your wishes. Your will may also include burial or funeral instructions, providing clarity for loved ones.

To be valid, a will must be in writing, signed by you, and witnessed. Your executor must act in good faith, and your trustees must manage trusts responsibly.

Your instructions today help prevent disputes in the future.

31/03/2025

On 21 October 2024, the Victorian Government announced a new temporary off-the-plan land transfer (stamp) duty concession.

The new concession is available for off-the-plan purchases of new residential property where the contract is entered into on or after 21 October 2024 and before 21 October 2025.

The new concession is available to all purchasers, including investors, companies and trusts. This means that there would be no requirement to be eligible for either the principal place of residence or the first home buyer duty exemptions or concessions.

The existing off-the-plan concession for owner-occupiers and first home buyers will continue to apply.

There is no threshold for this concession. The concession is available for properties of any value.

If you're thinking of buying a property, call and speak to one of our property law experts.

26/03/2025

Under the Retail Leases Act 2003 (Vic), Section 46 governs how outgoings must be estimated and disclosed in a retail lease. The provision ensures tenants receive clear and timely information about their contribution to property expenses.

The law automatically incorporates these rules into every retail lease, meaning landlords must comply even if the lease agreement does not explicitly mention them.

Landlords must provide tenants with a written, itemised estimate of all outgoings the tenant is responsible for. This breakdown helps tenants understand exactly what costs they will be covering, such as maintenance, council rates, or insurance.

The timing of these estimates is strict. The landlord must supply the first estimate before the lease is signed, allowing the tenant to review costs before committing. Additionally, for each new accounting period (usually a financial year), the landlord must give an updated estimate at least one month before the period begins.

If the landlord fails to provide the required estimate, the tenant is not obligated to pay the outgoings until they receive it. This rule encourages landlords to comply with disclosure obligations and protects tenants from unexpected expenses.

Section 46 promotes transparency in retail leasing by ensuring tenants are informed about outgoings upfront and throughout the lease term. Landlords must provide detailed estimates on time, or they risk losing their right to recover those costs from the tenant.

25/03/2025

A Section 27 Statement allows a vendor access to the purchaser's deposit prior to settlement and after the contract becomes unconditional.

Purchasers have 28 days to consent or object to the deposit being released.

The real estate agent, solicitor or conveyancer may release the deposit to the vendor if the purchaser provides their written consent or fails to object within the 28 day period.

Purchasers may protect themselves by objecting to the release and/or registering a caveat so that the property may not be refinanced.

20/03/2025

Under section 32J of the Duties Act 2000 (Vic) ("the Act"), the nomination of a purchaser after "land development activities" have occurred can trigger a liability to pay a second amount of duty, often referred to as "double duty."

This provision is designed to address situations where a property is sold or transferred after significant development has taken place, which increases the value of the property.

Key Points:
Nomination After Development: If a nomination (transfer of the right to purchase) occurs after land development activities (e.g., construction, subdivision, or other improvements), it is treated as a sub-sale. This results in a second duty liability.

Double Duty: The second duty is calculated on the value of the property at the time of the nomination, which may include the increased value due to the development. This is in addition to the duty paid on the original transaction.

Timing of Nomination: If the nomination occurs before any land development activities, the second duty liability is generally avoided. This is because the property's value at the time of nomination would not reflect any increase due to development.

Practical Implications:
Developers and purchasers need to carefully consider the timing of nominations to avoid unintended double duty liabilities.

Proper structuring of transactions and seeking professional advice (legal or tax) is crucial to ensure compliance and optimize duty outcomes.

The Act aims to prevent tax avoidance by ensuring duty is paid on the full value of the property, including any value added through development.

If you are dealing with a specific transaction, it is advisable to consult with us to understand how section 32J applies and whether any exemptions or concessions may be available.

19/03/2025

Starting January 1, 2025, new rules for foreign resident capital gains withholding (FRCGW) will take effect:

The withholding rate will rise from 12.5% to 15%.

The $750,000 property value threshold will be removed, meaning withholding applies to all property transfers.

Vendors must provide a valid clearance certificate from the Australian Taxation Office (ATO) to avoid withholding. If they don't, the purchaser must withhold 15% of the property's market value (usually the purchase price) and pay it to the ATO at settlement.

Foreign resident vendors can still apply to have the withholding rate varied.

These changes are part of the Treasury Laws Amendment (2024 Tax and Other Measures No. 1) Act 2024, which was enacted on December 10, 2024, and will apply to contracts signed on or after January 1, 2025.