Amendments to the PPSA

In ‘PPSA: The Ultimate Transition Guide’ I flagged some amendments that were progressing through Federal Parliament when I was in the final stages of writing parts of it.  I mentioned in Chapter 1 (Introduction and Statement of Purpose) that this put me in a quandary – whether to publish without the amendments or to delay publication while the amendments were passed and the manuscript was updated in a number of places.  The publication process made the latter alternative fairly unattractive, so I took a middle ground and flagged the rules that were expected to change. Read more of this post

Duty and Testamentary Trusts

Lawyers should note the State Revenue Office (www.sro.vic.gov.au) Deceased Estates Exemption information of 2/9/2011 in regard to testamentary trusts and duties implications – ‘Section 42 Duties Act – Testamentary Trusts – (Latest Tax & Duty News)’: Read more of this post

Author Spotlight – Ilya Furman

For those who don’t know you, can you tell us a little bit about yourself?
I was born in the USSR and didn’t know how lucky I was until my parents decided to immigrate. We came to Australia at the start of the recession we had to have and in my first Melbourne summer I learnt the term ‘the sunburnt country’ on my own skin. I went to a Jewish school and in my final year the only thing I had decided was that I did not want to become a doctor. Read more of this post

Even while the ink hasn’t had time to dry upon the page, figuratively speaking!

A scant month ago, I reminded you about the importance of getting your clients ready for the commencement of the PPSA – that is, the Personal Property Securities Act.

The PPS Communications and Stakeholder Engagement Team in the AG’s Department had said not long previously that they were committed to working to a registration commencement time of 31 October 2011.  I said to lock that date into your mind and reminded you that leaving everything to the last moment simply doesn’t make sense. Read more of this post

Removal of Covenants

A covenant, in the widest sense, is merely an agreement, or a term or condition of an agreement.  Thus contracts include covenants, mortgages include covenants, and leases include covenants.  But considered in the context of real estate, covenants have a particular meaning; being agreements that relate to the use of land.  In this respect covenants epitomize the distinction between a contractual right, that only binds the parties to the contract and a proprietary right, that binds all of the world. Read more of this post

NSW Government Postpone Pre-Litigation Reforms

The NSW Attorney General, Hon Greg Smith issued a media release on the 23rd August postponing the introduction of laws that require parties to  take reasonable steps to resolve their disputes before they commence court proceedings.  Read more of this post

Lexcursions – The Adventures of Anthony Jucha: September Edition

My de facto Sally is, at the time of writing, just over 40 weeks pregnant. It’s our first. We’re expecting a boy. And I want our son to have all the things that I never had: a prescribed career path, parental pressure, and a boater. So, to get our boy off to the best possible start, Sally, belly and I went to the recent Independent Schools Expo to “ask all the questions parents need to ask to assess a school’s suitability for their child” or, in this instance, foetus. Read more of this post

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