JDF Legal in Melbourne, Victoria, Australia | Lawyer & law firm

JDF Legal

Locality: Melbourne, Victoria, Australia

Phone: +61 3 9435 9997

Address: 37 Were Street, Montmorency 3094 Melbourne, VIC, Australia

Website: http://www.jdflegal.com.au

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23.01.2022 As a purchaser of real property (real estate), you generally need to pay land transfer duty (previously referred to as stamp duty) to the State Revenue Office. Duty is calculated based on the dutiable value of the property, which is usually the sale price or the market value of the property (whichever is greater). However, there are a number of concessions and exemptions available to certain classes of purchasers. These include: First time home buyers Purchasers of off-th...e-plan properties Pensioners Charitable organisations and friendly societies Young farmers purchasing their first farmland Conversely, a land transfer duty surcharge may apply if you are a foreign investor. For more information about land transfer duty or the conveyancing process as a whole, please feel free to contact our office for an obligation free discussion. P: 03 9435 9997 E: [email protected] W: www.jdflegal.com.au

22.01.2022 Why is it important to make a Will? Apart from providing your loved ones with some direction to follow in what will be an extremely difficult and uncertain time for them, it will ensure that your possessions and assets go towards benefiting those who you want to benefit. This is particularly relevant to those who are members of blended families, as the laws of intestacy (dying without a Will) can often lead to certain family members to whom you may owe a duty to provide for, ...missing out on a share of your estate. Contact us now for an obligation free discussion regarding all of your estate planning needs. P: 03 9435 9997 E: [email protected] W: www.jdflegal.com.au

19.01.2022 What are the different types of Powers of Attorney in Victoria? As part of your overall estate and financial plan, you may wish to consider appointing someone to make decisions or undertake actions on your behalf in the event you become incapacitated or otherwise unable to act on your own behalf. Generally speaking, the types of decisions someone can make on your behalf fall into three categories: 1. Financial (signing of legal and financial documents, operating bank accounts... etc.) 2. Personal (lifestyle type decisions such as where you are to live and who can visit you) 3. Medical (accepting or refusing specific medical treatments) The power to make financial and/or personal decisions on your behalf is given to your chosen attorney via an Enduring Power of Attorney, while the power to make medical decisions is bestowed through the appointment of a Medical Treatment Decision Maker. Please do not hesitate to contact our office to discuss your various Power of Attorney needs and queries. P: 03 9435 9997 E: [email protected] W: www.jdflegal.com.au

18.01.2022 Check out our new brochure which sets out just some of the services on offer at JDF Legal. The brochure also contains some general information regarding Conveyancing and Estate Planning. Please do not hesitate to contact us for a more in-depth discussion on your legal needs. P: 03 9435 9997... E: [email protected] W: www.jdflegal.com.au See more

18.01.2022 What is PEXA and how has it affected conveyancing in Victoria? PEXA stands for Property Exchange Australia, and it is the online property exchange network on which more than 90% of all property transactions in Victoria now take place. Prior to PEXA and the advent of e-conveyancing, settlements would take place at a physical location whereby each partys legal representative would attend to exchange funds for a certificate of title and transfer in registrable form. With the sh...ift to e-conveyancing, the transfer of title and funds now happens electronically, and almost instantaneously. Since 1 October 2018, Victoria has moved to mandatory use of PEXA for all property transactions save for a few types of transactions which require complex stamp duty assessments by the State Revenue Office. However, with the increased efficiency and expediency of e-conveyancing also comes new risks and an increased focus on cyber security threats. Incidents of hackers re-directing settlement funds to unauthorised bank accounts have been well publicised in the news, and has prompted the need for the industry to increase security and vigilance surrounding the obtaining of bank account information from clients. Please do not hesitate to contact our office for an obligation free discussion. P: 03 9435 9997 E: [email protected] W: www.jdflegal.com.au

16.01.2022 Cooling-off period As a purchaser of residential property in Victoria, you are entitled to a 3 clear business day cooling-off period in most, BUT NOT ALL cases. Generally, you will have 3 clear business days from the day you signed the Contract, to give notice to the vendor that you wish to terminate the Contract. You will then be entitled to receive a refund of the full deposit paid (less $100 or 0.2% of the purchase price, whichever is more). However, the cooling-off period... will not be available to you in any of the following circumstances: 1. You purchased the property at auction or within 3 clear business days before or after a publicly advertised auction; or 2. The property being purchased is used primarily for industrial, commercial or farming purposes; or 3. You and the vendor have previously signed a Contract for the sale of the same land in substantially the same terms; or 4. You are purchasing the property as an estate agent or a corporate body. Contact us now with any conveyancing or property transaction enquiries. P: 03 9435 9997 E: [email protected] W: www.jdflegal.com.au

13.01.2022 Subject to finance What does it mean when a purchaser enters into a Contract of Sale of Real Estate, but it is subject to finance? This means that the Contract is conditional upon the purchaser obtaining formal loan approval from a specified financial institution, for a specified amount, by a certain date. So even though the purchaser has signed a binding Contract, he or she will be able to withdraw from the Contract and receive a refund of their deposit if they are unable to... obtain finance by the stated deadline. It is important to note from a purchasers perspective, that should you wish to rely upon the subject to finance clause to withdraw from a Contract, you may be asked to provide evidence that you made reasonable and timely endeavours to obtain a loan and you should be prepared to produce such evidence along with evidence that your loan application was in fact rejected, to the vendor or their legal representative. P: 03 9435 9997 E: [email protected] W: www.jdflegal.com.au

12.01.2022 JDF Legal Pty Ltd is a boutique general legal practice operating from 37 Were Street, Montmorency VIC 3094. We offer a wide range of services, primarily in the areas of property law, wills and estates. Please see our services listing for all our flat fee service offerings. We do offer a wider range of services beyond our flat fee service offerings, so if your legal enquiry is not contained in our flat fee service list, please do not hesitate to contact us for an obligation free discussion.

11.01.2022 Check it out! Our new sign is now up! And while our doors may be closed as we try to do our part to slow the spread of Coronavirus during these difficult times, please rest assured that we are still open for business. You can contact us as usual by telephone or email, and in-person conferences can still be arranged with social distancing protocols in place. Stay safe everyone. P: 03 9435 9997 E: [email protected] W: www.jdflegal.com.au

10.01.2022 Life Interest The giving of a life interest in ones Will is a way to ensure that a particular person (the life tenant) gets the use and enjoyment of an asset for the duration of that persons life, before ownership of that asset ultimately passes onto the beneficiary (the remainderman). A life interest can be granted over any type of personal asset or property, but it is most commonly used with respect to real property. Consider this scenario. Alex is a member of a blended fa...mily, whereby Alex is in a relatively new relationship with Brenda, and they both have children from previous relationships. As part of Alexs estate planning needs, Alex wants to ensure that upon his passing, Brenda will be able to use and enjoy the family home (which is in Alexs sole name) for the duration of her life, but wants the house to eventually pass to his children as opposed to Brendas children (who will presumably be provided for under Brendas Will). Therefore, Alex can grant a life interest in the family home to Brenda, with the remainderman being his children as tenants in common in equal shares. If Alex were to simply bequeath the family home to Brenda outright, then upon Brendas passing it would go to the beneficiaries under Brendas Will, which if Alexs children were not included in her Will, would mean that they miss out entirely on receiving anything from that particular asset. For more information about life interests or estate planning in general, please feel free to contact our office for an obligation free discussion. P: 03 9435 9997 E: [email protected] W: www.jdflegal.com.au

10.01.2022 Advance care directives An Advance Care Directive is a relatively new aspect of advance care and estate planning which arose out of the Medical Treatment Planning and Decisions Act 2016. It is a legal document which directs your medical practitioner or your appointed medical treatment decision maker as to what types of treatment you want or do not want to receive. An Advance Care Directive can be made independent of an appointment of a Medical Treatment Decision Maker. An Adv...ance Care Directive can be either or both of: 1. An Instructional Directive which gives instructions as to specific medical treatments you expressly consent to, or conversely which you expressly do not consent to; and/or 2. A Values Directive which states the values or preferences which you want your medical treatment decision maker to consider before making any medical treatment decisions on your behalf. Anyone can make an Advance Care Directive (including minors), with the only requirement being that you have decision-making capacity at the time of making the Directive, and that you understand the nature and effect of the contents of your Directive. Please do not hesitate to contact our office to discuss your various advanced care and estate planning needs and queries. P: 03 9435 9997 E: [email protected] W: www.jdflegal.com.au

07.01.2022 As a result of the Covid-19 outbreak, we find ourselves in uncertain and unprecedented times. It is important that we all take the necessary precautions to stay safe and play our part in restricting the spread of the virus. While our doors may be closed from time to time for the next few weeks, please rest assured that we are still open for business. You can contact us as usual by telephone or email. If a face-to-face meeting is required, please contact us in advance to make ...an appointment and we will do our best to accommodate while adhering to the Governments mandate on social distancing. Please stay safe everyone. P: 03 9435 9997 E: [email protected] W: www.jdflegal.com.au