Peterburg Oppenländer

18/03/2025

Foreign investors banned from purchasing established homes in Australia

From 1 April 2025 to 31 March 2027, the Australian Government will impose a temporary ban on foreign purchasers (including temporary residents and foreign‑owned companies) of established dwelling unless an exception applies.

Property lawyers or conveyancers acting for purchasers should acquaint themselves with the meaning of ‘foreign person’ and the exceptions that are in place for permanent residents, New Zealand citizens and partners/spouses of Australian citizens, permanent residents or New Zealand citizens when purchased as joint tenants.

Definition of foreign person
Foreign person is defined in section 4 of the the Foreign Acquisitions and Takeovers Act 1975 (the Act) and the Foreign Acquisitions and Takeovers Regulation 2015 (the FAT Regulation), as modified by section 104J of the Duties Act 1997 (NSW).

Individuals who are New Zealand citizens
A New Zealand citizen who, on the relevant date, holds a special category visa within the meaning of section 32 of the Migration Act 1958 (Cth), and has actually been in Australia during 200 or more days of the 12 month period preceding the relevant date, is not a foreign person. A New Zealand citizen who does not hold a special category visa and is not ordinarily resident in Australia is a foreign person.

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26/08/2024

Australian Workplace Laws: Employee Right to Disconnect

From 26 August 2024, amendments to the Fair Work Act 2009 will create a workplace right provision that allows eligible employees of non-small business to have the right to disconnect outside of working hours (or 26 August 2025 for employees of small business employers).

An employee will have the right to refuse contact, or attempted contact from an employer (including from a third party) outside their working hours unless that refusal is unreasonable.

These changes will commence on:

26 August 2024 for non-small business employers (an employer with more than 15 employees at a particular time, including employees of associated entities of the employer. Casual employees are not included unless engaged on a regular and systematic basis.)

26 August 2025 for small business employers (defined as an employer with fewer than 15 employees at a particular time, including employees of associated entities of the employer. Casual employees are not included unless engaged on a regular and systematic basis).

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04/01/2024

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04/01/2024

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31/12/2023

22/12/2023

Negotiating Contracts

Negotiating contracts is critically important in business, ensuring that all parties reach mutually beneficial terms. Here are some pointers to assist you negotiate contracts effectively:

Prepare Thoroughly:
1. Understand Your Needs:
Clearly define your goals and priorities. Understand what you need to achieve from the contract.

Due diligence of the other party:
Learn about the other party's needs, background, priorities, and potential constraints. This information is valuable during negotiations.

2. Build and Maintain Relationships:
Establish Trust:
Building a good relationship with the other party can create a more cooperative negotiating environment.

Effective Communication:
Clearly express your expectations and actively listen to the other party's concerns. Maintain a respectful and open dialogue.

3. Set Realistic Goals:
Know Your Limits:
Be aware of your limits and understand the boundaries within which you can negotiate. Be prepared to compromise where necessary.

Non-negotiable Terms:
Identify elements that are non-negotiable for you, but be selective about what you consider non-negotiable to allow for flexibility.

4. Create Win-Win Situations:
Focus on Mutual Benefits:
Focus on outcomes where both parties feel they have gained value. A win-win situation is more likely to result in a successful, long-term relationship.

Consider Creative Solutions:
Explore alternative options and be open to creative solutions that meet the interests of both parties.

5. Be Patient and Flexible:
Avoid Rushing:
Negotiations take time. Avoid rushing the process, and be patient in exploring various options.

Be Flexible:
Be open to adjusting your position based on new information or concessions from the other party.

6. Use Effective Communication Skills:
Be Clear and Concise:
Clearly articulate your points and avoid ambiguity. Use straightforward language to convey your thoughts.

Ask Questions:
Seek clarification and ask questions to gain a deeper understanding of the other party's perspective.

7. Anticipate and Address Objections:
Identify Potential Issues:
Anticipate objections or concerns the other party may raise and be prepared to address them.

Offer Solutions:
Instead of just stating problems, propose solutions to address concerns and move the negotiation forward.

8. Document Agreements:
Record Agreed-Upon Terms:
As agreements are reached, document them in writing. This helps prevent any misunderstandings and provides a clear reference point.

9. Engage Lawyers
Seek Legal Advice:
In complex negotiations, engage a lawyer to review the contract and ensure that the terms are legally sound and protect your interests.

10. Know When To Walk Away:
Recognise Deal-Breakers:
Be prepared to walk away from negotiations if the terms are not acceptable or if the other party is unwilling to compromise on critical points.

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03/12/2023

Amendments to Apparent Purchaser Provision in New South Wales

Changes to Duties from 4 September 2023
Section 55 of the Duties Act 1997 NSW (the "Act") relates to concessional duty where property vested in an "apparent purchaser" upon trust for the "real purchaser". Section 55 of the Act has now been extended to apply to the legal personal representative of an apparent or real purchaser under subsection 1(C).

Thus, fixed duty of $50 applies if the dutiable property transferred to their legal representatives where property vested in an apparent purchaser, and either the apparent purchaser or the real purchaser has died.



The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice.

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15/10/2023

Is it Legal To Record Police In NSW?

According to the Public Affairs Branch Media Policy - NSW Police Force 2023 (the "Media Policy"), you have a right to take photographs of or record Police Officers, and incidents involving Police Officers provided that it is in a public place, and you are not interfering with police duties.

Can a NSW Police Officer make me stop recording?
According to the Media Policy, if you take photographs or record Police Officers, operations or incidents from a public space, police do not have the
power to:
• prevent the person from taking photographs or filming
• confiscate photographic or filming equipment
• delete images or recordings, or
• request or order a person to delete images or recordings.

Can the Police confiscate my smartphone, equipment or delete photos or videos?
Under clause 10.3 of the Media Policy, if Police Officers try to confiscate equipment or interfere with the public to delete images or recordings, the officers may be liable for prosecution for assault or trespass to the person concerned.

Police may have powers to prevent a person from filming, taking photographs, delete images or confiscate equipment in certain limited circumstances such as:
• where they have been given special powers under anti-terrorism legislation, or • where taking photographs or filming images amounts to offensive conduct under the Summary Offences Act 1988.

Note that there is no such thing as an ‘off the record’ conversation with NSW Police.

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Photo by Traffic & Highway Patrol Command - NSW Police Force

30/08/2023

The dangers of thumbs-up in legal context
Contracts: Canadian court rules a simple thumbs-up emoji 👍 use can signify acceptance of commercial contract
The King’s Bench for Saskatchewan (Court) in South West Terminal Ltd v Achter Land & Cattle Ltd, 2023 SKKB 116, ruled that a “thumbs-up” emoji sent via text message was a valid form of acceptance of a commercial contract, awarding the Plaintiff over $82,000 in damages for breach of contract.

30/08/2023

The dangers of thumbs-up in legal context
Contracts: Canadian court rules a simple thumbs-up emoji 👍 use can signify acceptance of commercial contract
The King’s Bench for Saskatchewan (Court) in South West Terminal Ltd v Achter Land & Cattle Ltd, 2023 SKKB 116, ruled that a “thumbs-up” emoji sent via text message was a valid form of acceptance of a commercial contract, awarding the Plaintiff over $82,000 in damages for breach of contract.
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