News

Benefits of Hiring a Conveyancing Solicitor in Canberra

Mon, 08 Dec 2025 14:20:09 GMT

Securing reliable legal support is crucial for property transactions in Canberra’s dynamic real estate landscape. At KJB Law Pty Ltd, operating in the Canberra area, our team understands the importance of teaming up with a well-qualified conveyancing solicitor during the buying or selling process. With our specialist guidance, deep local knowledge, and attention to detail, we help every property transaction unfold smoothly and securely. Working with a trusted conveyancing solicitor from KJB Law in Canberra allows you to proceed confidently, knowing your affairs are in expert hands and your interests are a priority.

Expert Knowledge of Canberra Property Laws

Navigating Canberra’s property market requires a sharp grasp of local regulations, council requirements, and legislative updates. Engaging a conveyancing solicitor with Canberra experience helps buyers and sellers sidestep confusion and common pitfalls. Our team at KJB Law brings years of local insight, allowing us to anticipate issues such as planning permit conditions, zoning overlays, or unique restrictions that might impact a sale or purchase. By relying on knowledgeable professionals, you reduce your risk and ensure compliance.

A conveyancing solicitor acts as your advocate, carefully reviewing all details—whether it’s a heritage concern, a planning constraint, or an unfamiliar suburb’s specific by-laws. We thoroughly examine every aspect of the property’s legal status, guaranteeing that no regulation or requirement is left unaddressed. Our expertise in Canberra’s property rules keeps your transaction protected against unexpected delays or costly legal missteps.

Find out more about our Canberra property law solutions by visiting our Conveyancing Solicitor page .

Efficient Handling of Contracts and Paperwork

The paperwork involved in buying or selling property is often complex and time-sensitive. A conveyancing solicitor handles contracts, disclosures, and other legal documents with meticulous care. At KJB Law, we know that even small errors in documentation can throw an entire deal off course. As your representatives, we draft clear, precise contracts that safeguard your interests, and we scrutinise every clause to prevent misunderstandings or disputes.

Our process includes double-checking figures, alerting clients to any ambiguous terms, and liaising with all involved parties to resolve discrepancies early. We work efficiently and keep you updated throughout the process. Organising the paperwork is about more than ticking boxes—it ensures that the whole transaction is smooth, quick, and legally sound.

Protecting Your Interests

One of the most valuable aspects of engaging a conveyancing solicitor is the protection of your investment. At KJB Law, our due diligence practices offer peace of mind at every stage. We start by conducting thorough title searches, confirming ownership and exposing any encumbrances or caveats. This step is crucial in Canberra, where certain properties may be subject to government schemes, strata arrangements, or developer obligations.

Our team also investigates the legitimacy of all prior approvals, checks for outstanding rates, and monitors for restrictions that could put your transaction at risk. By alerting you early to any issues, our conveyancing solicitors ensure you make informed decisions and avoid hidden dangers. We’re committed to finding the best outcomes for you whether you are buying, selling, or developing in Canberra.

Streamlining the Settlement Process

Property settlements involve banks, agents, legal representatives, and often tight deadlines. A conveyancing solicitor coordinates this entire process, working to ensure each party is prepared and the transaction runs smoothly. At KJB Law, we communicate with financial institutions, prepare settlement statements, and organise the transfer of funds and documents. Our organised approach reduces stress and drastically lowers the risk of costly setbacks or missed deadlines.

By managing every detail—from confirming mortgage approvals to finalising payments—we help clients feel confident throughout the final stage of their property journey. A successful settlement depends on foresight and clear communication, which a conveyancing solicitor is well-equipped to provide.

Ongoing Support and Professional Advice

Stress and uncertainty can come with any property transaction. Having a knowledgeable conveyancing solicitor by your side gives you the support and reassurance needed to make confident decisions. At KJB Law, our team is available before, during, and after settlement, helping clients navigate complex questions about registration, local council regulations, and post-sale obligations.

We take pride in remaining accessible and responsive, providing guidance as new questions arise—whether it’s about subdividing, transferring ownership, or applying for exemptions. Our relationship with clients is built on trust and reliability; no one should feel alone in the legal complexities of property transfers.

Why KJB Law Pty Ltd Is Your Canberra Conveyancing Partner

Operating in the Canberra area, KJB Law Pty Ltd provides tailored conveyancing solutions that combine local knowledge with professional expertise. Our team’s reputation is built on years of client-focused service, careful attention to legal requirements, and a dedication to guiding buyers and sellers through every stage of property conveyance. Whether you’re managing a simple transaction or facing unique challenges, our conveyancing solicitor team offers the experience and resources Canberra locals and investors rely on.

We believe that every property transfer deserves a streamlined, secure process backed by responsive legal support. Let us handle the finer details while you focus on your new investment or next move.

Secure Expert Conveyancing Solicitor Services Today

The benefits of partnering with a conveyancing solicitor go beyond legal compliance—they include peace of mind, protection, and efficient management from start to finish. At KJB Law, we deliver these advantages to every property transaction in Canberra, ensuring that our clients receive timely and thorough service. If you are ready to buy, sell, or invest in Canberra property, our team is here to support you. Reach out to us now or call (02) 6281 0999 to arrange reliable conveyancing solicitor services tailored to your needs. Let’s make your next property transaction smooth, transparent, and stress-free.

Why Hire a Conveyancing Solicitor in Canberra?

Wed, 07 May 2025 10:47:25 GMT

Buying or selling property in Canberra involves complex legal processes, and even a small oversight can lead to costly delays or disputes. That’s where a conveyancing solicitor in Canberra becomes invaluable. They handle the legal intricacies, ensuring a seamless and stress-free transaction.

Whether you're a first-home buyer, investor, or seller, professional conveyancing services provide peace of mind, legal protection, and efficiency.

Why Hiring a Conveyancing Solicitor in Canberra is a Smart Move?

1. Proficiency in ACT Property Laws

Canberra’s property laws have unique requirements, from leasehold land regulations to stamp duty concessions. A conveyancing solicitor in Canberra understands these local nuances, ensuring your contract complies with ACT legislation. Without expert guidance, you risk legal pitfalls that could derail your sale or purchase.

2. Avoid Costly Mistakes

DIY conveyancing may seem cost-effective, but errors in contracts, title searches, or settlement documents can lead to financial losses. A solicitor reviews every detail—from zoning restrictions to hidden easements—protecting you from unexpected liabilities.

3. Smooth and Efficient Transactions

Conveyancing involves extensive paperwork, negotiations, and deadlines. A solicitor manages:

Contract reviews (ensuring terms are fair)
Settlement coordination (liaising with banks, agents, and other parties)
Title transfers (guaranteeing legal ownership changes hands correctly)

This efficiency prevents delays, letting you move in or finalise your sale without unnecessary stress.

4. Conflict Resolution and Negotiation

If disputes arise—such as boundary disagreements or delayed settlements—your solicitor acts as a mediator, resolving issues professionally. Their negotiation skills can also secure better terms in your contract.

5. Peace of Mind

Property transactions are among life’s biggest financial decisions. Having a trusted legal expert by your side means fewer surprises and a smoother process from start to finish.

Need a Reliable Conveyancing Solicitor in Canberra?

At KJB Law, our experienced team specialises in Canberra conveyancing, offering personalised support for buyers and sellers. From contract reviews to settlement, we handle the legal work so you can focus on your next move. Contact us today for professional conveyancing services—let’s make your property journey hassle-free!

SEMINAR REPORT | 'Moving into Retirement' event in Nov 2023 was a big success

Fri, 05 Apr 2024 03:45:53 GMT

Many heartened by encouraging advice at seminar

Now's the time to follow up on any queries you may have after attending our free public seminar 'Moving into Retirement: Options, Considerations, and Tips' held in November at the Hellenic Club of Canberra — which was such a resounding success.

It was jointly presented by KJB Law and Phillips Wealth Partners , of Canberra. The event offered expert guidance on legal and financial considerations for three key strategies for rightsizing or downsizing in Canberra.

Today's rapidly changing landscape is influenced by evolving urban planning, shifting demographics, and changing housing needs, and many Canberra residents are talking about "rightsizing" or "downsizing".

Our seminar explored these topics and provided expert insights into the legal and financial aspects of three primary strategies for those seeking to explore or make the transition into different retirement living communities.

We looked at:

• Transitioning to community living , looking at the legal and financial aspects involved when moving from your family home into a unit or apartment: the benefits, challenges, and crucial factors to consider when making this important lifestyle change;

• Intergenerational living solution s, looking at innovative intergenerational arrangements, including granny flat interests and co-ownership arrangements: insights into how to prepare for a successful co-existence, and the traps to avoid;

• Retirement villages , looking at the intricacies of retirement village entry, ongoing and exit, and the key elements of the contracts and budgeting. Our expert panel discussed contractual arrangements, stamp duty concessions, and superannuation downsizing contributions, providing valuable information on budgeting and managing the associated costs.

We heard from four experts at the seminar: Jo Twible , Principal and Solicitor from KJB Law; Craig Phillips , Director, Senior Financial Advisor, and Aged Care Professional; Luisa Capezio , Co-director and Aged Care Advisor; and Kerry Mitchell , Business Development Manager and Aged Care Professional, all from Phillips Wealth Partners. Also present to answer questions were Kerstin Glomb , Special Counsel in Estate Planning, and Mitchell Chatfield , Solicitor, both from KJB Law.

Jo, Craig, Luisa, and Kerry, as well as Kerstin and Mitchell, are all available now to take your questions about retirement living.

Call Jo, Kerstin, and Mitchell, at KJB Law, on (02) 6281 099.

Call Craig, Luisa, and Kerry, at Phillips Wealth Partners, on (02) 1300 10 22 33 .

We are in the throes of planning our next seminars. If there's anything

particular you feel should be included, please get in touch and tell us!

Call Sonya or Sue on: (02) 6281 0999.

Or email Sonya at: sonya@kjblaw.com.au .

STAFF WINS | And yet another double honour for Andrew Freer

Tue, 13 Sep 2022 01:04:56 GMT

He attributes the wins to the great team around him

Following his wins in 2020 and 2021, one of our principals, Andrew Freer, has been honoured as "preeminent" among the leading wills and estates litigation lawyers for the Canberra region.

Again, he has a double honour, being also recognised as "leading" among the wills, estates and succession-planning lawyers for the Canberra region.

Further, KJB Law was placed in the second tier of leading wills and estates-litigation law firms and in the third tier of leading wills, estates and succession-planning law firms, both for the Canberra region.

"I feel so honoured to be again recognised in a number of categories of the Doyles rankings," Andrew said.

These honours are presented by the well-respected Doyles Guide , an independent industry organisation.

How long have you been doing this sort of work? "It's so hard to believe that I started practice in 1995 and I'm now entering my 28th year!"

Why do you do this work? "I really enjoy contact with people. Estate-planning and estate administration involves understanding family and financial circumstances. Getting this understanding is critical to providing good advice. And gaining this understanding involves talking to people, getting to know them. From a personal perspective it's genuinely interesting — in fact, there's never a dull moment.

What's the most rewarding part? "Honestly, that for me is being able to draw on 27 years of experience to help people make good decisions, the right judgment call, on a contentious issue.

"Sometimes, doing this successfully may not be obvious. It may only show by the absence of materialisation of a dispute or avoiding litigation. Being able to achieve this result for someone and allowing them to focus on positives moving forward is a very rewarding part of the job."

" My colleagues are personable, diligent, and ethical. That's what saw us through the difficult times of the pandemic.

I owe each and every one of them a real vote of heart-felt gratitude.

ANDREW FREER

Principal

The challenges of the last 18 months must have been very daunting? "Short answer — yes. The challenges faced over the last couple of years meant I became acutely aware of the team around me, in ways none of us had ever experienced. But KJB Law has been around for nearly 50 years and we have great people here. My colleagues are personable, diligent, and ethical. That's what saw us through the difficult times of the pandemic.

"I owe each and every one of them a real vote of heart-felt gratitude. I encourage you to meet them and likewise draw on their expertise and knowledge, approachability, and friendliness. Read about them on our website and drop in at the office for a meet-and-greet."

Doyles is independent and rates and recommends law firms based on interviews with clients, peers, and industry bodies. It produces one of the most recognised independent guides to the top law firms in Austr alia.

Andrew's previous wins here and here ►

Andrew's staff profile here ►

AWARDS | He's done it again! Andrew honoured as 'preeminent'

Fri, 03 Sep 2021 05:41:01 GMT

Doyles recognises Andrew Freer and KJB Law once more

KJB Law has been recognised again in the Doyles Guide for Leading Wills & Estates Litigation Lawyers in Canberra .

Again, Andrew Freer (above, inset) was honoured in the Doyles Guide for his expertise in this area of law. He's listed as one of the "Pre-eminent" lawyers in estate litigation and is one of the leading lawyers in estate planning.

Andrew has a large estate administration practice and, in his time, has pretty much seen it all. If you need help with estate matters, he's your man.

"Thank you so much for this recognition – it reflects the ability of our staff to engage with people at a difficult time, to show empathy, to provide professional assistance and to do so at a fair cost," Andrew said.

“They say the hardest part of a one-week covid lockdown is the second month! The last month has certainly been challenging – but there's light on the horizon.

"We've had to manage a restricted capacity to meet with clients, including in the estate administration and estate litigation areas.

' Hardest part of a 'one-week' covid

lockdown . . . is the second month!'

ANDREW FREER

Principal

"This honour especially means so much to us all amid the hardships we've all been through this year. Thank you so much!"

"Innovations with phone and Zoom conferences, and carefully orchestrated letterbox document drop-offs, have let us keep the estate administration wheels turning.

"We've welcomed the preparedness of clients to be flexible and to work with our staff to achieve what we've been able to achieve.

"Then, during the midst of these challenges, to get this further recognition in the Doyles Guide, of our capacity and expertise in this area of the law, is once again so very much appreciated!

"We're returning to the office under covid protocols on Monday, October 18. I'm so looking forward to more social interaction and a return to a slightly more structured office routine! It'll be so good to see you on person!“

Doyles is independent and rates and recommends law firms based on interviews with clients, peers and industry bodies. It produces one of the most recognised independent guides to the top law firms in Australia.

Andrew's previous win here ►

SEMINAR | How to successfully move into a retirement community

Wed, 16 Jun 2021 00:03:02 GMT

If you're considering making the move into a retirement village or someone you love is, this concerns you

Picture: Vlada Karpovich/Pexels

ABOUT THIS SEMINAR

We make property decisions throughout our life when choosing where to live, but as times goes on the decision is more than just what real estate can I get for my money.

We need to think about how we will live and who is there to help us.

The process of moving into a retirement village community requires consideration and accurate information. Before committing, it is critical you understand the retirement villages contractual arrangements, impact on your estate and ways to comfortably pay for your living expenses.

This Moving into a Retirement Village seminar is designed to equip you with the legal and financial practicalities of securing a home in a retirement village.

WHAT WILL I LEARN?

The legal side of retirement-village entry

• There are fundamental differences between home ownership outside a retirement village and your rights with respect to accommodation inside a village. Simply put, the contractual arrangements for retirement villages are more complex. Adding to this complexity is that retirement villages in the ACT do not have identical contractual and financial models. This seminar will give you insight into the contractual and financial models on offer in the ACT; and

• Notwithstanding those different contractual and financial models, there are some commonalities which apply to entry and life in each village. In this seminar you will also learn about cooling-off periods, settling-in periods, recurrent charges, budget approvals, how your money is protected and when the law requires you to get your money back after you leave a village.

Wills and enduring powers of attorney

• Why it is important to have a will and enduring power of attorney;

• What should be included in a will;

• How to choose your attorney and how to protect yourself; and

• What happens if you do not have a will and/or enduring power of attorney.

Funding your retirement lifestyle as well as preparing for the frailty years.

• The common question when it comes to retirement is: how much is enough? If only the answer was simple! But the fact is that the answer varies due to a range of factors, including your lifestyle aspirations, personal health and family commitments; and

• We cover strategies available to increase cash flow and income certainty to support your quality of life in retirement and the need to prepare for when you may need extra supportive care.

WHO SHOULD ATTEND?

People who are:

• researching the option of downsizing;

• wanting to learn more about living in a retirement-village community;

• confused about the different retirement-village contractual arrangements;

• seeking clarification about the costs; and

• preparing for retirement.

NEED TO KNOW MORE ABOUT THE SEMINAR?

It's on Tuesday, June 22, 10am to 12.30pm, at the Hellenic Club of Canberra , 1 Matilda Street, Woden.

It's presented by KJB Law and Phillips Wealth Partners .

Book online: eventbrite.com.au/e/plan-for-a-successful-move-into-a-retirement-living-community-tickets-154049300605

Details, bookings: Liz (02) 6281 0999 or liz@kjblaw.com.au

Video inserts: Alena Darmel, Kampus Productions, Vlada Karpovich, Yan Krukov, Ron Lach,

Mart Productions, Mikhail Nilov, Rodnae Productions (all Pexels, pexels.com )

CORONAVIRUS | Covid rules are relaxing but our care for each other is not

Fri, 09 Apr 2021 07:41:22 GMT

Your safety is our priority as we help you with life's changes at this time

OPTIONS: Our specialist solicitors, including Andrew Freer, are able to meet with you via Skype or Zoom if you can't do a face-to-face meeting.

Main picture: Lukas Bieri/Pixabay

As the ACT and the rest of Australia moves out of strict covid rules, it’s important that our health and safety remain a No.1 priority. Although regulations and guidelines are relaxing, it’s vital we all remain vigilant and care for one another.

We all share this responsibility. The ACT is operating under a set of COVID-normal restrictions . Please do not visit KJB Law offices if you have any covid-like symptoms, such as a cold or flu, fever or high temperature. Many legal matters cannot be postponed and if you need to avoid physical contact you can make an appointment for a phone meeting, or a video meeting via Skype or Zoom, simply by calling (02) 6281 0999 or emailing us, kjblaw@kjblaw.com.au. Legal concerns range from writing or updating wills or powers of attorney to more complex matters like family law and conveyancing.

You can chat with our friendly receptionist Kylie Brown, on (02) 6281 0999 or email her at kylie@kjblaw.com.au, and she will happily point you in the right direction. Kylie can also outline our fees which vary, depending on what needs to be done. It is important every client has a clear understanding of their tailored legal plan.

An initial consultation may be 30 minutes or two hours — everything is shaped to your needs. Appointments are generally taken from 8.30am, the final meeting usually ending at 5pm. We try to keep to those times but this is not a hard and fast rule because we recognise there can be other circumstances to allow for.

If you know which legal specialist you need, or have already begun working with one of our solicitors, you can find their personal contact details and the details of their staff here or here .

In line with covid guidelines, all visitors must register their name and phone number at reception which is needed in the event of contact tracing.

If you book an appointment, we’ll take your details then so there’s no need to register when you visit. If you come in off the street we’ll ask you to register then. Appointments streamline the process and make it easier for everyone.

It’s not mandatory to wear a face-mask when you visit us but you may if you wish. All of our meeting rooms and spaces are wiped down and sanitised for every meeting. You can rest assured that when you come in and sit down, your chair has just been wiped clean for you.

We continue to closely monitor and adhere to the regulations and advice provided by the Federal Government’s Department of Health and in accordance with ACT Government guidelines .

Thank you for your support as we work together for the health and safety of our clients, staff and the community.

LOCAL BUSINESS AWARDS | Honoured to be a finalist again in the Canberra region

Thu, 01 Oct 2020 08:24:44 GMT

KJB is a finalist in the 2020 Professional Services category: 'A big sincere thank-you to all our clients and friends for this!'

KJB Law is thrilled to be a finalist again in this year’s Local Business Awards for the Canberra region . The company is competing in the Professional Services category — which it won last year.

“WE'RE so thrilled to be nominated once again and to be a finalist in the competition,” said principal Jo Twible. “A big sincere thank-you on behalf of Andrew, Des and I and everyone at KJB to all our clients and friends for the nomination!”

The awards are conducted over an 11-week period. The public has nominated their favourite Canberra regional businesses which have been divided into 30 categories.

'We’re so thrilled to be nominated again

and to be a finalist in the competition.

A big sincere thank-you to all our clients

and friends for the nomination!'

JO TWIBLE

principal and solicitor

Voting in the Canberra region opened on April 22 and closed on September 17.

Finalists were selected based on the number of online and printed nominations they got in their category, the more nominations the better chance of being selected as a finalist. There was no arbitrary cut-off point, as the number of nominations varied for each category.

The finalists are judged in two stages — on information received from each business (the qualifying stage) and anonymous judges (the judging stage).

Because of covid, visits to each business are not always feasible, in which case judges will evaluate the business's website and online presence (social media, advertising, etc) and may conduct impromptu phone interviews.

The winners will be announced at the Local Business Awards gala presentation evening on December 16, which will be attended by local business people, sponsors and dignitaries. Tickets are only available to finalists and sponsors.

All Canberra region finalists: here

Professional Services category finalists: here

KJB Law’s awards-entry page: here

The awards are run by Precedent Productions : (02) 8363 3333 or precedent@precedent.net

Pictures: Precedent Productions

Last year's win for 'best professional services in Canberra'

OUR WIN AT THE 2019 AWARDS

FULL STORY HERE →

DOYLES | Andrew announced as one of ACT’s five ‘pre-eminent’ estate-litigation lawyers

Wed, 05 Aug 2020 06:16:42 GMT

And KJB is the highest-ranking Doyles Guide firm in the Woden area

HUMBLED | Principal Andrew Freer has just been announced as one of the ACT's top five estates-litigation lawyers. Picture: Canberra City News . Graphics: Doyles

PRINCIPAL and solicitor Andrew Freer has just been listed as one of the “pre-eminent” lawyers in estates litigation in the ACT in this year’s Doyles Guide listing.

And KJB Law is the highest-ranking Doyles Guide firm in the Woden area, listed as “second tier” for estates litigation in the ACT .

“I’m humbled to get this recognition by peers, colleagues and clients,” Andrew said. “And I’m so proud to work for a company that enables people to shine, with co-workers who support each other.

“I acknowledge and put on record my deepest appreciation of the efforts and contribution of all members of the KJB team.

“I’ve been at KJB now for 25 years and it’s quietly satisfying to know the experience and knowledge garnered over that time is valuable and acknowledged.”

This year’s listing of leading ACT wills and estates-litigation law firms highlights solicitors and companies practising in wills and estates litigation, disputes and contested matters in the ACT who’ve been identified by their peers for their expertise and abilities in these areas.

' I’m humbled to get this recognition by peers,

colleagues and clients. And I’m so proud to work

for a company that enables people to shine,

with co-workers who support each other . '

ANDREW FREER

Principal and Solicitor

Doyles is an independent organisation that rates and recommends law firms based on interviews with clients, peers and industry bodies. The firm produces one of the most recognised independent guides to top law firms in Australia. Doyles doesn’t allow firms to buy entries.

Andrew is listed for estates litigation in the ACT. Here' s the full list of this category's pre-eminent tier (in alphabetical order):

Pre-eminent ranking:

Keith Bradley , of Bradley Allen Love;
Phil Davey , of DDCS Lawyers;
Andrew Freer , of KJB Law;
Tim Morton , of Farrar Gesini Dunn; and
Rebecca Tetlow , of DDCS Lawyers.

KJB Law is listed for estates litigation on the ACT. Here's the complete listing of all four tiers in this category (in alphabetical order):

First tier:

Bradley Allen Love; and
DDCS Lawyers.

Second tier:

Farrar Gesini Dunn;
KJB Law; and
Meyer Vandenberg.

Third tier:

Bedfords Legal; and
McInnes Wilson.

Recommended:

Baker Deane & Nutt;
Elringtons;
Howes Kaye Halpin;
Symons Phillips; and
Tetlow Legal.

The content and listing of firms, lawyers and barristers is compiled after initial online peer-review-based surveys and phone and face-to-face interviews with clients, peers and industry bodies. Its research is focused on clients and legal practitioners.

Most of its personal-services areas (ie, family, crime, estates and succession planning) are compiled via peer-based surveys and reviews.

At the end of the research stage of the ranking process, individuals and firms are ranked according to volume and quality of positive feedback. The distinction between tiers of firms and bands of individuals is made by way of editorial discretion, in light of:

Any clear numerical delineation between firms or groups of firms;
Recommendations from significant clients;
Recommendations from significant peers;
The firm’s or individual’s ranking in previous Doyles’ listings; and
Doyles’ impression of the individual during interviews.

All research is independent, and errors or faults in the guide and listings aren’t due to commercial pressures or relationships.

The firm listing contains four categories, ie, three “tiers” and “recommended”.

The classification of a firm into a particular tier basically depends on numbers. Especially glowing reports from key clients and individuals can also be considered.

The rating of a firm in a particular tier is not a definitive classification as to the skills and abilities of each individual legal practitioner in that firm.

Doyles’ listings of lawyers are in four categories:

Market leader is awarded to an individual who clearly stands ahead of their peers;
Pre-eminent and leading lawyers are those who consistently draw client and peer praise; and
Recommended lawyers are those who display particular skills or attributes in the area.

All Doyles’ listings in each ranking category are in alphabetical order. A position at the top of the list category doesn’t indicate a higher ranking or rating than a ranking at the bottom.

Firms don’t have to participate in Doyles’ research or make submissions. Doyles tries to speak to clients and third parties and also senior legal practitioners within firms.

The listing of leading firms and individuals not only creates an environment for a more accurate recognition of Australia’s leading lawyers, Doyles says, but also allows for informed choices for those wanting a local lawyer.

Doyles website here .

Andrew's Doyles profile here .

ESTATE PLANNING | Tax concessions changed for minors' income from testamentary trusts

Wed, 05 Aug 2020 05:41:06 GMT

In short, they're no longer as generous as they used to be

INCOME CONCESSIONS CHANGED | New measures approved on June 22. Graphic (left): Steve Buissinne/Pixabay. Children (right): Pixabay.

ON JUNE 22, the Treasury Laws Amendment (2019 Measures No 3) Bill was approved. This means tax concessions previously available to minors when they get income from a testamentary trust have changed and are no longer as generous.

Testamentary trusts vs inter vivos trusts

A testamentary trust is a trust which only comes into existence when someone dies.

An inter vivos trust is a trust which comes into existence while the individual is still alive.

Distributions to a minor (someone under 18) from an inter vivos trust are taxed harshly, with only the first $416 tax-free. Tax is charged at 66 per cent on the next $891 and then tax is charged at 45 per cent on any amounts over $1307.

These rates create a disincentive to distribute income to minors from inter vivos trusts.

Distributions to a minor from a testamentary trust have been taxed more leniently.

The old situation

Under the former law, any income received by a minor from a testamentary trust was taxed as though the minor was an adult. This meant that the first $18,200 of income was tax-free, the next $18,800 was taxed at only 19 per cent, and so on.

It was irrelevant whether this income was derived from assets of the deceased estate or from assets added to the testamentary trust from other sources, for example, assets which were transferred into the testamentary trust from a family trust or from borrowings.

This was one of the aspects which made a testamentary trust attractive for estate planning.

' If you administer a testamentary trust and

assets were injected into it on or after July 1 last

year, separate accounts should be set up so

income from these assets is kept separate. '

KERSTIN GLOMB

Special Counsel, Estate Planning

The new situation

The Treasury Laws Amendment (2019 Measures No. 3) Bill 2019 amended the Income Tax Assessment Act 1936 to insert a new clause, s102AG(2), tightening tax concessions available to minors in respect of testamentary trusts.

It has the effect that income from assets transferred to a testamentary trust on or after July 1 last year will no longer be "excepted trust income" under the legislation and will no longer qualify for the tax concession unless it's income from assets transferred to the trustee of the testamentary trust from the deceased estate or are an accumulation of such income.

Examples given by the Australian Tax Office with respect to how they're interpreting these provisions include not just the anticipated scenarios of an inter vivos family trust distributing money or assets to a testamentary trust but also include the testamentary trust borrowing funds to acquire an asset.

So, if a testamentary trust bought a property for $1,000,000 using $500,000 of its own cash from the estate and $500,000 in borrowings, generating a return of $40,000 per annum, and distributed all $40,000 to a minor, only $20,000 of it would be exempted income and taxed concessionally and the other funds would be taxed at the harsher rates.

What to do?

Should you currently administer a testamentary trust and assets are or have been injected into the testamentary trust on or after July 1 last year, separate accounts should be set up within the testamentary trust so income derived from the injected assets is kept separate to income derived from assets of the deceased estate.

Should you and your partner have mirror wills in place under which you provide that each of your respective estate flows into the same testamentary trust, the estate assets of the second person to die will be considered as "injected assets" of the testamentary trust.

To avoid this problem, consideration should be given to amending your wills to allow for separate testamentary trusts to be established.

For more information or to discuss the implications for you and your partner, don't hesitate to call us, 6281 0999.

An unusual Christmas in July honours Andrew for his quarter-century of service at KJB

websitebuilder@thryv.com — Mon, 03 Aug 2020 07:08:08 GMT

There was no singing or dancing (thanks, covid!), but everyone enjoyed our mid-year Yuletide party on the edge of the lake

JULY YULETIDE CELEBRATIONS: Principal Andrew Freer, honoured for his 25 years service at KJB. Christmas design: Miesha Moriniere/Pexels. Logo: DunJa2410/Pixabay.

OUR mid-year function at the end of last month was a staff party with a difference. Thanks to covid, there was no singing, no dancing and no close mingling. It was socially appropriate to keep a safe distance from each other, though it did feel odd!

But there was still lots of atmosphere, lots of things to celebrate — especially honouring principal and solicitor Andrew Freer for his 25 years’ service at KJB.

The Christmas in July function on Saturday, July 25, for KJB staff and their partners was at The Boat House in Canberra. It’s a great venue, right on the edge of Lake Burley Griffin. We had our own private room, with great food, great wine and great company.

Nevertheless, it was quite an unusual celebration for us as we respected social-distancing rules and all the other covid protocols to keep everyone safe.

During the evening fellow principal and solicitor Jo Twible spoke in glowing and warm terms about Andrew.

“For those of you who’ve only recently joined us, at our mid-year and end-of-year functions we take the opportunity to recognise and celebrate significant employment milestones,” Jo said.

' Anyone who works with Andrew knows

he’s incredibly hard-working, he's kind,

considerate and compassionate. Des

and I couldn’t ask for a better partner. '

JO TWIBLE

Principal and Solicitor

“Andrew started at KJB 25 years ago — on June 26 in 1995. Of our current workmates, only Sue and Sonya have been with the firm longer.

“When he started with us, the company was called Ken Johnston Bedford & Co which later became KJB Law. On his first day he impressed his workmates by baking and bringing in an orange poppy-seed cake which everyone enjoyed. At the time he also had black hair!

“In 2000 he made partner. Given his birthday milestone earlier this year, he’s now spent about half his life working here.

"Anyone who works with Andrew knows he’s incredibly hard-working, he’s kind, considerate and compassionate. Des Moore [fellow principal and solicitor] and I couldn’t ask for a better business partner!”

Then Jo presented him with a TAG Heuer watch on behalf of the company. Andrew wasn’t expecting this and was a bit overwhelmed.

“It was the first time I’d ever seen him put on the spot!” office manager Sue Hayes said afterwards. “Basically, he didn’t know what to say, and he’s usually a fantastic speaker, never stuck for words.

“He thanked everyone and said what a great place KJB was to work. He said he still remembered his job interview with me over 25 years ago and joked about who would interview anyone at 5pm on a Friday afternoon!”

See THE BOAT HOUSE GALLERY on our Facebook page.

COVID | Witnessing documents during isolation — ACT responds!

Fri, 22 May 2020 04:42:09 GMT

The ACT has responded to the need for the witnessing of documents to take into account the current health crisis and the need for social isolation.

The problem

You'll remember from our last news alert about documents being signed in NSW that usually wills, enduring powers of attorney and affidavits must all be signed in the direct presence of a witness, or witnesses.

This means that the witness has to be physically present when the person is signing.

In view of the current hygiene requirements for COVID-19, this requirement has created some significant hurdles for clients wanting, or needing, to plan their estates.

We'd been waiting for NSW's lead in this area to be followed by the Australian Capital Territory.

The solution

On April 22, the NSW Government passed the regulation — Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 (NSW) — which addressed the problem (see more on our website here ).

On May 8, the ACT Government also passed provisions (amending the COVID-19 Emergency Response Act 2020) to allow witnessing and attestation by audiovisual link of an affidavit, a will, a health direction under the Medical Treatment (Health Directions) Act 2006 and a general or enduring power of attorney during the COVID-19 emergency period.

This runs through to the end of a three-month period during which no COVID-19 emergency has been in force.

It's important to note that the Act doesn't allow the witnessing of deeds and agreements by audiovisual link.

As under NSW law, there are some further steps that must to be taken by anyone witnessing a person signing a document to meet the requirements set out in the Act for it to be valid.

For further information please call us on 6281 0999.

Picture: Andrea Piacquadio/Pexels

COVID | Witnessing documents during social isolation

Tue, 28 Apr 2020 07:28:52 GMT

Social isolating presents problems for people needing witnesses but there are strategies to help while we wait for the ACT to follow NSW's amended requirements.

The problem

Usually, wills, enduring powers of attorney, appointments of enduring guardian, affidavits and statutory declarations must be signed in the presence of a witness or witnesses. The witness has to be physically present as the person signs.

With the current COVID-19 emphasis on reduced in-person contact, as well as some clients needing to self-isolate, the in-presence requirement has created some significant hurdles for clients wanting (or needing) to do their estate planning.

The solution

On April 22, the NSW Government passed the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 (NSW) to address this.

The regulation allow witnessing and attestation of the above documents as well as deeds and agreements by audio-visual link, including video conferencing, for example, Skype (download here ) or Zoom (download here ) or GoToMeeting (download here ), which can be installed on your phone.

There are some extra steps that need to be taken by the person(s) witnessing the signing of the document to meet the requirements set out in the regulation for this method of execution to be valid.

What about the ACT?

At the moment, we don't have similar provisions in the ACT. But we hope the ACT Government will soon follow our NSW neighbours in this regard.

In the meantime, we have some strategies to help clients complete their estate planning and other legal needs, while complying with government requirements for social distancing.

Call us for more information: 6281 0999.

Picture: energepic.com/Pexels

COVID | Know your rights as Australia goes into stage 3 shutdown

Wed, 01 Apr 2020 23:48:54 GMT

What are your rights as Australia goes into stage 3 lockdown and authorities begin enforcing stricter social-distancing?

Rights groups have called for Australians to understand their rights as social-distancing restrictions ramp up and new penalties are introduced to enforce them.

The message from authorities is don't leave your home unless absolutely necessary — that means going to work or school if you can't do it remotely, buying essentials, seeking medical care or exercise.

Indoor and outdoor gatherings have been restricted to two people as of Tuesday as part of further efforts to stop the spread of coronavirus.

How will the new rules be enforced?

Breaking the rules will now carry stiff financial penalties across state jurisdictions as police warn they're not afraid to enforce the measures.

In NSW alone, anyone who leaves their house without a “reasonable excuse” could face six months in prison or an on-the-spot fine as high as $11,000.

Other states have mandated the following penalties:

○ ACT: Warning, followed by fines of up to $8000;

○ Victoria: Fines of $1600 or more;

○ South Australia: Police will not be enforcing national directive;

○ Queensland: Fines of $1330 for individuals;

○ Western Australia: Fines of $1000 for individuals;

○ Northern Territory: Police will not be enforcing national directive; and

○ Tasmania: Capacity to issue fines.

NSW Council of Civil Liberties spokesman Stephen Blanks told SBS News the measures are set to have a “most serious impact” on people's freedoms and fundamentally change the public’s relationship with police.

“The way in which they’re enforced is going to have a huge impact on whether the community continues to support these laws,” he said. “The issuing of the fines must really be a last resort where compliance cannot be achieved any other way."

What are your rights if you get stopped by police?

Rights groups have told SBS News police are well within their rights to question people about their reasons for leaving home.

Mr Blanks said if stopped by authorities people can expect to be asked for a “reasonable excuse” for why they're not at their primary residence.

He said police will be called on to exercise “mature judgement” in how they enforce their powers, bearing in mind the hefty penalties available.

“Clearly, if people engage with police in a way that tries to avoid questions police may exercise powers,” he said. “Police have extraordinary powers which they can exercise. They could exercise them against people who are unco-operative.”

Mr Blanks said if people do behave in this manner they'd be more likely to be at risk of being fined under the new provisions.

In the ACT, chief minister Andrew Barr has flagged a gradual enforcement process that would involve warnings before on-the-spot fines are applied.

But in NSW, Police Commissioner Mick Fuller has confirmed 13 infringements have already been imposed on people flouting new restrictions.

“I hope we don’t have to write any more but I fear there'll be individuals who won’t get the message, so we'll be out there,” he said.

What's a 'reasonable excuse' for leaving home?

Federal and state leaders have summed up the acceptable reasons to leave home as going to work or school, buying essentials, medical care and exercise.

But under the NSW Public Health Act there are a total of 16 such “excuses” people can use to justify leaving home.

This includes getting food or other goods or services (including for pets), taking children to childcare, fulfilling carer responsibilities, attending a wedding or a funeral, moving house, providing emergency help and donating blood.

It also includes undertaking legal obligations, accessing public services such as Centrelink or domestic-violence support and allows children who don't live in the same household to visit their parents or siblings.

Finally, it allows for a religious minister to go to the person's place of worship or provide pastoral care, avoiding injury or illness and for emergencies or compassionate reasons.

The two-person rule doesn't apply to people in your household, which means immediate families can still meet together.

How long are the restrictions in place?

Rights groups told SBS News the unprecedented restrictions were acceptable given the public-health threat.

But they warned the increasing powers must be time-limited, enforced fairly and not discriminate against vulnerable members of society.

While other countries that have imposed similar lockdown measures such as the United States and the United Kingdom have set a date for when they intend to lift them, Australia has not set a national deadline.

Civil Liberties Australia vice-president Rajan Venkataraman said it’s vital the measures aren't in place "any longer than absolutely necessary".

Prime Minister Scott Morrison has said the impact of the pandemic is expected to last about six months but how long the measures are in place will largely depend on how successful they are at slowing the spread.

As questions about police tactics to enforce the strict rules continued, NSW police said on Thursday they would be in place for 90 days.

Mr Venkataraman said increased restrictions can lead to heightened public anxiety despite being designed for public safety.

“There's always that risk and again with extraordinary new powers there's absolutely the potential that people may feel intimidated by an increased police presence or questioning,” he said.

Victorian Liberties spokeswoman Gemma Cafarella told SBS News it was important hefty penalties didn’t unfairly have an impact on vulnerable groups.

“What we do know is fines disproportionately impact people who are poor,” she said. “It's really important to make sure these rules don’t disproportionately affect people who are vulnerable.”

Prime Minister says Australia is not in 'lockdown'

NSW, the ACT and Victoria are now the only jurisdictions that don’t require interstate travellers to undergo a 14-day quarantine period on arrival.

Western Australia has not only closed its state borders, it's also introduced intrastate travel restrictions from midnight on Tuesday meaning people won't be able to travel outside their designated region.

Other measures are in place to prevent travellers going into remote Indigenous communities in the Northern Territory and South Australia.

The coronavirus pandemic has triggered lockdown restrictions across the world, including the United Kingdom, New Zealand, India, Italy and Peru.

But Mr Morrison has cautioned against using the term “lockdown”, saying he does not want to create “unnecessary anxiety”.

From SBS News (used with permission)

More: Federal Department of Health

Picture: Anna Shvets/Pexels

LOCAL BUSINESS AWARDS | 'Best professional services in the region'

websitebuilder@thryv.com — Mon, 16 Mar 2020 03:57:22 GMT

ABOVE: Philippa Webb (from left), Richard Cook, former staffer Aarti Arora, Olivia Kordaris, Jo Twible, Sonya Amey, Kerstin Glomb, Andrew Freer, Robyn Geering and Des Moore. | Picture: Precedent Productions

“We were so honoured to be nominated for Outstanding Business in the Professional Services category in the Canberra region's Local Business Awards — we were even more delighted to have won!" said Jo Twible, principal and solicitor at KJB Law.

"Andrew, Des and I, and all the staff at KJB Law, would like to express our deepest thanks to our clients for the nomination and support throughout our 42 years in business.”

Awards founder and Precedent Productions' managing director Steve Loe said the awards night before Christmas was the exciting culmination of a successful awards program. The Canberra awards evening is now an annual event.

“The awards recognise the vital role business people play in the lives of their communities,” he said. “The presentation evening not only sees the announcement of the category winners but is an opportunity to celebrate the achievements of all the finalists.

“We had a sell-out crowd that included our finalists, their families and staff, as well as our sponsors and local dignitaries, who helped present awards to the winners.”

The finalists in each category were announced, complete with images on the big screen, followed by huge cheers as the winners’ names were read out and they went on stage to claim their trophies.

“The winners’ speeches are always heartfelt and emotional. This was no exception. It’s very emotional for everyone there to see the tears and smiles as well as hear the beautiful acceptance speeches.

“The awards are only possible with the support of major sponsors BxNetworking and support sponsors Service NSW, Southern Cross Club and Crystal Productions. Their involvement proves their commitment to this community and the businesses that thrive here.”

Mr Loe thanked Southern Cross Club at Woden for the high-quality food and service on the night.

“It was a five-star occasion thanks to them. I'd also like to acknowledge the incredible entertainment provided by Alfie Arcuri, Erin Bruce and Kirrah Amosa and our fabulous MC Paul Hancock who kept the evening flowing smoothly.”

More information: Precedent Productions, thebusinessawards.com.au or (02) 8363 3333.

'Best professional services in Canberra'

OUR WIN AT THE 2019 AWARDS

“We were so honoured to be nominated for Outstanding Business in the Professional Services category in the 2019 Canberra region's Local Business Awards — even more delighted to have won!" said principal and solicitor Jo Twible. "Andrew, Des and I, and all the staff, express our deepest thanks for the nomination and 42 years of support.”

SUPERANNUATION | Super is a strange thing

Wed, 10 Jul 2019 15:32:43 GMT

Superannuation is usually among a person's main assets and people refer to it as “my super”. One of the biggest misconceptions about super is that it forms part of your estate — it doesn't automatically do so! In other words, your super may not be distributed to the beneficiaries named in your will, or to the people entitled to your estate under the law if you don't have a valid will.

So what happens to my super when I die?

What happens to your super at your death depends on the terms of the super fund deed. The terms differ between super funds but generally they provide that the trustee of the super fund has discretion to distribute your super's death benefit to any, or all, of your super's dependents and your estate's legal personal representative.

Who's the trustee?

If you're a member of an industry or retail super fund, the trustee is an employee of such fund. For example, if you're a member of a BT Super fund, the trustee would be an employee of BT Super. If you're a member of a self-managed super fund you and any other member would act as trustees or control the trustee (if the trustee is a company) of the fund.

What does super death benefit mean?

Your super's death benefit generally comprises your super account balance at the time plus the proceeds of any life insurance the policy of which is owned by your super fund. Therefore, if you have a life insurance "within super", your super's death benefit can be significantly higher than your account balance and at your death your super can become a substantial asset.

Who are my super dependents?

Your super's dependents comprise:

Your spouse, including de facto spouses (note that super legislation doesn't determine that a relationship has to exist for a certain period of time);
Children (including stepchildren), regardless of age;
Any other person who financially depended on you at the date of your death; and
Any person with whom you had an interdependent relationship at the date of your death.

Who's the legal personal representative of my estate?

The legal personal representative is either the executor/s named in your will or the administrator/s of your estate appointed by the court.

What happens if my super is paid to the legal personal representative?

If your super's death benefit is paid to the legal personal representative the benefit will (and only then!) form part of your estate and is distributed in accordance with your will or according to the intestacy laws if you don't have a valid will.

Can I decide who gets my super's death benefit?

The terms of most super funds allow their members to make a binding or non-lapsing binding nomination. If there's a valid nomination of such nature in place at the date of your death, the trustee generally no longer has discretion but must pay the super's death benefit to the person/s nominated by you.

A binding nomination generally lapses within three years and you must therefore update it to keep it running. A non-lapsing binding nomination doesn't lapse. However it's not written in stone but you can revoke the nomination at any time as long as you have capacity.

Important: There are quite a few pitfalls which can make your binding or non-lapsing binding nomination invalid. So, ensure the nomination complies with all requirements of your super fund!

For help contact Kerstin Glomb, at KJB Law, kerstin@kjblaw.com.au or (02) 6281 0999.

ESTATE PLANNING | Do you own assets outside Australia?

Tue, 09 Jul 2019 17:50:52 GMT

Australia is a land of migrants. Are you one in four Australians who were born overseas? Have you, or do you expect to, inherit overseas assets? Or have you acquired assets overseas?

Why is it a concern?

An estate that includes foreign assets can cause the deceased's family further pain and even nasty surprises. The difficulties arise because every country has its own rules about which laws should apply. The starting point for any estate with foreign assets is to establish the appropriate principles of the "international private law".

In Australia, and, for example, also in Switzerland, France and Belgium, the applicable law is determined by the nature of the assets.

In Australia, the applicable law for movable assets (such as bank accounts and shares) is the law of the deceased's domicile — you need to ask: "Where did the person have his/her home?" In relation to immovable assets (such as real estate and interest in real properties) the applicable law is the law of the country where the property is.

In other countries, such as Germany and Italy, the rules don't divide the estate into movable and immovable assets but rather it's the deceased's citizenship at the date of his/her death that determines the applicable law for all the estate.

Another concern that may cause your family grief is tax. Unlike Australia where no death duties or inheritance tax applies, in countries like the United States, Britain, France and Germany (to name a few), inheritance tax is payable which may not only be charged over the assets within the country but on the worldwide assets owned by the deceased.

What should I do?

It's important to remember: Never assume! It's too easy to assume the succession rules and tax law most known to you are the ones that'll apply. It's important that you get advice from lawyers specialised in estate planning in these circumstances who can help you put a proper estate plan in place to benefit your family.

KJB’s Estate-Planning Team can help. Contact Kerstin Glomb, kerstin@kjblaw.com.au or (02) 6281 0999.

Retirement villages and requirements for transparency of budgets

Wed, 10 Jan 2018 03:25:40 GMT

Case Summary - Pines Management (ACT) Pty Ltd v Eastick & ors Case Summary - Pines Management (ACT) Pty Ltd v Eastick & ors

Jo Twible E: jo@kjblaw.com.au

On 18 December 2017, the ACT Civil & Administrative Tribunal handed down its decision in relation to part of the dispute between The Pines Retirement Village and its residents.

There were two issues in dispute. The first is the budget for the 2017/2018 financial year. The second is the amount of recurrent charges to be paid by the residence for that year. ACAT made a determination about the budget issue and is due to hear additional evidence regarding the recurrent charges issue in mid-January 2018.

There are some bigger lessons for operators to learn from The Pines decision. First and foremost, operators need to prepare their budgets based on evidence and provide any evidence the residents request to support the proposed expenditure. ACAT was extremely clear in its decision that residents are entitled to information, including copies of tax invoices or quotes.

The Pines decision took a requested budget the operator sought to be approved of nearly $189,000 and reduced it to just over $99,000. This is extremely significant given the previous year's budget was $155,673.

Key determinations made in this decision regarding particular line items were:

An operator shouldn't expect to be able to fund its application to ACAT to get approval for the budget and increases in recurrent charges from those recurrent charges. In this case, ACAT was very clear that a situation where it disapproved over half the requested budget as the proceedings were certainly not wholly in the interest of the residents (a requirement under section 260 (2) of the Retirement Villages Act 2012 . If the operator had been wholly successful in having its proposed budget approved, the door might stay open to then seek the inclusion of the legal fees in the budget;
Cost to fix defects in the construction of the retirement village are not to be paid for from recurrent charges as they don't constitute capital maintenance;
Where a retirement village is co-located with an aged-care facility, an operator should seek a breakdown from its insurer as to which components of the insurance premium relate to the village and which relate to the aged-care facility. Interestingly, where the insurer only provided a partial breakdown, ACAT utilised the breakdown provided and then apportioned the remaining premium and insurance brokerage fees on the basis of the comparative insured values of the retirement village and the aged-care facility. Similarly, where there's only one water meter that services both facilities, the costs for connection to the network/supply charges are shared;
If the land on which the retirement village is located also includes a component of vacant land which is not reasonably used by the residents (regardless of what the operator may say about the ability to use that area), the operator shouldn't include gardening cost to maintain that vacant land nor the proportional component of general rates for that area of land in the retirement village budget;
Separate line items for Repairs and Maintenance and Capital Maintenance cause some confusion, particularly where both are really Capital Maintenance under the legislation. Notwithstanding commenting to this effect, an allowance was made for Repairs & Maintenance separate to the Capital Maintenance line item. The amount allowed was $300 and appeared to be to cover the cost for replacing light bulbs.
Residents need to understand that capital maintenance can include replacing part of an overall capital item. In this situation, ACAT was clear that replacing an alarm number pad and door station formed part of the course of the maintenance of the overall capital item – the alarm system;
The amounts to be allocated in the Budget for a Village Manager may not reflect what is actually being paid for that Village Manager. In The Pines decision, Presidential Member McCarthy accepted that the Village, as a small Village, only required the Village Manager's services for a maximum of 4 hours per day. Insufficient evidence was provided regarding the appropriate rate to pay for the Village Manager. While ACAT clearly indicated that it was seeking appropriate evidence (such as a reference to an Award or details of what other Managers in other Villages were paid for their services), this evidence was not supplied. In the end ACAT determines an hourly rate, itself. Further, as no evidence was provided as to the requirement for all the amount of the superannuation guarantee to be paid, no allowance was made for it. This does not mean that Residents should take the view that superannuation guarantee requirements may be disregarded and are not payable from Recurrent Charges. Instead, it is a big warning sign to Operators that if they are seeking to have their Budget approved by ACAT, they need to provide appropriate evidence and references to the relevant legislation to substantiate the amount they are seeking to be included. Had the Operator provided that evidence then I am reasonably confident ACAT would have included an allowance for it in the Budget;
ACAT will also look at the quality of the services being provided and whether there is a more cost effective/better means of those services being provided. In The Pines decision, one of the tasks been undertaken by the Village Manager was bookkeeping activities. Evidence from the auditor was that much time was spent by the auditor in correcting errors in the bookkeeping and that these errors were in part because of the Operator being unwilling to obtain a full version (rather than a training version) of the software and that the Village Manager was unskilled in these activities. Interestingly, while it appears the hours allocated for the Village Manager was reduced, it does not appear that a corresponding allowance was made for having a third party bookkeeper undertake those activities;
Much was made about the lack of provision of evidence to support the proposed Budget. Another expense that was disallowed was an amount for a relief Village Manager while the permanent Village Manager was on leave. While my view is that a relief Village Manager is not an unreasonable expense to include in a Budget, it needs to be backed up with evidence as to who that Relief Village Manager is likely to be, what arrangements are made for that person to be available and evidence as to what they are paid or to be paid for providing those services;
Contingencies – ACAT drew attention to the provisions in the Regulations which specify how much may be included in a Budget for Contingencies. Regulation 38 states where the Annual Budget is $200,000 or less, the maximum amount that may be allocated for contingencies is $1,000. Once the budget exceeds $200,000, the maximum amount for Contingencies is 0.5% of the total amount of the Annual Budget.

Finally, ACAT made it very clear how it interpreted the provisions of section 166 of the Retirement Villages Act 2012 . Section 166 states the operator commits an offence if it spends money received for recurrent charges and doesn't spend that money in accordance with the approved annual budget (or an approved annual budget as amended under section 167). While ACAT acknowledged that there is an exception in section 166 which states that the offence provision does not apply if the spending is a change in spending between items in the approved annual budget and does not reduce the level of services the retirement village provides and does not cause a total spending provided for by the approved annual budget to be exceeded. When items in a budget are allocated for particular things, for example cleaning, Presidential Member McCarthy expressed the view that it's difficult to see how the exemption in section 166 (3) could apply without reducing the level of cleaning services. In the Presidential Member's view, the nature of the budget providing "buckets" of money for different expenditure is such that there is unlikely to be many circumstances where the exemption would apply.

This decision brings home that an operator is not free to set whatever budget it likes. Residents have significant power to refuse to agree to a budget and to expect the operator to provide sufficient information regarding the anticipated expenditure, based on evidence, to enable the residents to make a fully informed decision. There are many good operators in Canberra who provide the appropriate levels of transparency to their residents. For those who do not, this decision should put the operator on notice that they need to start doing so. Importantly, just because an operator does not get their budget approved, does not mean that they can reduce the services provided to the residents. With the legislation requiring the operator to meet any shortfall in the budget against actual expenditure (with some limited exemptions), the outcome of The Pines decision is at those operators could find themselves forced into a position of having to provide the evidence, seeking a formal amendment to the budget or foot the bill themselves.

The Importance of Understanding the Term, 'Legal Personal Representative'

Mon, 06 Nov 2017 02:42:56 GMT

Andrew Freer E: andrew@kjblaw.com.au

One of the key steps in estate planning is making a superannuation Death Benefit Nomination. These nominations can be used to direct where superannuation death benefits are paid after death. Only certain nominations are allowed. For example, nominations can be in favour of spouses, partners, children, and those in an interdependent relationship. Nominations can’t be made directly in favour of parents, siblings or friends. A nominations can be made to direct the superannuation death benefit into a person’s estate. It is this concept that can often cause confusion.

Superannuation providers use varying terminology when making provision for a superannuation death benefit to be directed into a person’s estate. Each fund will generally have their own version of form to be used.

Where a member wishes to direct their superannuation to their estate, the form can variously use the terms, ‘my Estate’, ‘my Executor’ or ‘my Legal Personal Representative’. Where the term, ‘my Legal Personal Representative’ is used, this is a reference to the person who will act in the role as your legal personal representative/executor under the terms of your Will, or in the absence of a valid Will, as the administrator of the estate. It is not a reference to your lawyer.

We have seen situations where superannuation members have completed their superannuation Death Benefit Nomination Form by naming their lawyer in the mistaken understanding that they are identifying their Legal Personal Representative. This has the unintended consequence of making the lawyer the recipient of their superannuation death benefit, as opposed to the person’s estate. It is important to be clear on the significant consequences that this misunderstanding can have.

Please do not hesitate to contact our office if you need any clarification or advice in relation to the making of a superannuation Death Benefit Nomination.

Andrew Freer E: andrew@kjblaw.com.au

Joint Tenancy vs Tenants in Common: Do you know the difference and why does it matter?

Wed, 20 Sep 2017 04:57:33 GMT

Philippa Webb E: philippa@kjblaw.com.au

If you are not purchasing a property by yourself, you will be given the option to purchase the property as joint tenants or tenants in common. This also applies where two or more people take an estate or interest in land, by way of lease, mortgage, transfer, application or charge. This article will focus on what it means if you purchase a property as joint tenants or tenants in common.

If you purchase a property as joint tenants and one joint tenant passes away the interest of the deceased joint tenant automatically passes to the surviving joint tenant. If the property is purchased as tenants in common and one tenant dies then the deceased’s share passes according to the terms of the deceased’s Will (if they have a Will) and not automatically to the other tenant. Tenants in common can hold their interests in equal shares or unequal shares, for example 60/40 or 90/10.

Have you thought about what would happen if you separated from your de facto partner or spouse and you owned properties as joint tenants? If you are separated from the other joint tenant, would you still want your share to go to the surviving joint tenant in the unfortunate event you were to pass away? A situation may occur where you have separated, however you have not commenced proceedings seeking a property settlement under the Family Law Act 1975 (Cth) or you have not formalised your property settlement – let’s call it a “period of limbo.”

In this period of limbo if you own your property as joint tenants and you were to pass away, your share of the property would automatically pass to the surviving joint tenant. As you have separated you may no longer want your share of the property to go to the surviving joint tenant. It may be that you want to sever the joint tenancy, so that you can have a say about who your share of the property passes to. For example, you may want your share of the property to pass to your children, as opposed to your share automatically passing to your estranged spouse or former partner (the other joint tenant).

We can assist you to sever the joint tenancy. Once the transfer to sever the joint tenancy is registered by Land Titles then the interest will be held as tenants in common. There are different processes in each state to sever the joint tenancy. We can assist you to sever the joint tenancy of a property in the ACT and NSW. Please feel free to telephone our office to arrange an appointment to discuss the process of severing the joint tenancy. We also have experienced solicitors who can assist you with your estate planning, Wills and family law matters.

Philippa Webb E: philippa@kjblaw.com.au

10 things you may not know about estate administration | Part 1

Sun, 13 Nov 2016 20:11:20 GMT

In times of bereavement it is often distressing for members of the deceased’s family to address the issues surrounding the wishes of the deceased. It can also be difficult to try and understand the specific language used in the administration of an estate even when you aren’t trying to cope with the loss of a loved one. To help you better understand this sometimes confusing process we have prepared a short series called ‘10 Things You May Not Know About Estate Administration’.

Andrew Freer E: andrew@kjblaw.com.au

Part 1 – What right do you have to inspect and copy a will of a deceased person?

It is not uncommon for family members, beneficiaries or eligible family provision applicants to be interested in obtaining a copy of the will of a deceased person. As an interested person you may wish to find out what entitlements you have under the will of the deceased. You may want information to enable them to decide whether to make a family provision claim. You may simply be trying to determine the identity of the executor and the beneficiaries. Alternatively, you may wish to find out when a will was made to assist in deciding whether to apply for a grant of another will, or challenge the validity of a will.

But what is the legal position?

In the first instance you should make a direct request to the person who actually has possession or control of the will. Section 126 of the Administration and Probate Act 1929 (ACT) sets out who is entitled to inspect will of deceased person. It provides that a person who has possession or control of a deceased person's will must, on request in writing by an interested person, allow the interested person to inspect, or be given copies of, the will or any copies of the will in the person's possession or control. The legislation contains a definition of who is an interested person.

The obligation to allow inspection and copying extends to both the actual custodian as well as any person whose instructions or permission would be required, such as the executor named in the will.

If a copy is not forthcoming following a direct request though, rule 3111 of the Court Procedures Rules 2006 (ACT) gives the ACT Supreme Court the power to issue a subpoena to a person to produce a will or document. To obtain this though you need to make an application to the ACT Supreme Court. Not just anyone can make the application - you must first have standing to apply. This stops just anyone applying to see a copy of a will, and restricts it to only those who actually have a legitimate interest. Interested persons who have standing to seek a copy of the will or document can include:

the spouse, parent or issue of the deceased;
anyone named as a beneficiary in the will, or an earlier will;
anyone who would be entitled to share in the estate if the deceased died intestate;
an attorney of the deceased under an enduring power of attorney; and
a creditor of the deceased.

Making an application to the ACT Supreme Court is a significant step though and should not be undertaken lightly. If you are having difficulty obtaining a copy of a will, or aren’t sure whether you should agree to a request for a copy, the team at KJB Law can help.

Andrew Freer E: andrew@kjblaw.com.au

10 things you may not know about estate administration | Part 2

Sat, 12 Nov 2016 20:12:23 GMT

Andrew Freer E: andrew@kjblaw.com.au

Part 2 – Ademption

What is ademption?

Ademption is a legal concept that applies to gifts of specific property made under a will. For example, leaving a gift of a specific identified painting to a friend in your will. If during your life you dispose of that specific property – either by sale or otherwise - so that at the date of your death it is no longer yours to dispose of, that specific gift is taken to have “adeemed”. Where this happens, the beneficiary gets nothing.

If the subject matter of the gift was intentionally sold by the will maker between the date of the will and the date of death, the beneficiary of the adeemed gift is usually not entitled to the proceeds of its sale.

The general rule of ademption though only applies to specific gifts – it does not apply to a gift of the whole estate or to a gift of residue.

Does intention matter?

The intention of the testator in making the disposal is generally not relevant. Thus an ademption will occur where there is a "forced" disposal such as by a transfer under a pre‑existing buy-sell provision in a shareholders or partnership agreement, a writ of execution, order of the Family Court or mortgagee sale.

Can I get around it?

An exception to the general rule of ademption exists where it can be shown that the property ceased to be part of the testator's estate because of the unauthorised action of an agent or by an unlawful act unknown to the testator.

Disposal of an asset as a result of theft, fraud, breach of fiduciary duty or similar misconduct may be capable of being set aside under general equitable principles. Setting aside the transaction may result in the asset being restored to the estate. In such a case the question of ademption, as such, would not arise: having been restored to the estate, the property could then pass under the will as if it were owned by the deceased at the time of death, subject to the liability of the property for debts, funeral and testamentary expenses.

In NSW, section 22 of the Powers of Attorney Act 2003 (NSW) sets out that beneficiaries of property disposed of before death by an attorney under a power of attorney retain certain rights and the general rule as to ademption can be displaced in certain circumstances. There is no equivalent provision in the ACT however. There is a therefore a fundamental difference between the position in NSW and the ACT.

Where this situation arises, a beneficiary may have several courses available to overcome an apparent ademption of a specific gift, including:

applying for construction or administration proceedings on the basis of misdescription of the item subject of the specific gift, or change in name or form of that property;
seeking to set aside the disposal on the basis that it was done so on a tortious or fraudulent basis; and
asserting that the disposal was made by an attorney or financial manager (in NSW but not in the ACT).

The action to be taken by the person seeking to overcome the apparent ademption in the above circumstances essentially entails proceedings for construction of the will. If you are unsure how this principle may apply to your will, or are a beneficiary who is concerned that a gift to you may have adeemed, please contact the team at KJB Law on 6281 0999 to discuss.

Andrew Freer E: andrew@kjblaw.com.au

10 things you may not know about estate administration | Part 3

Fri, 11 Nov 2016 20:12:59 GMT

Andrew Freer E: andrew@kjblaw.com.au

Part 3 – Commission

What is it?

Section 70 of the Administration and Probate Act 1929 (ACT) allows the court to award commission to a legal personal representative, or a trustee of a trust established under a will, out of the estate assets for their "pains and trouble" that is just. "Pains" is regarded as the responsibility, anxiety and worry; "trouble" is the work done.

How do I get it?

It is necessary for a legal personal representative to claim commission – it won’t just be given to them. The amount of commission is always at the discretion of the Court, and its usual practice is to award commission within commonly adopted parameters.

Conduct such as breaches of trust and failure to act promptly in the administration of the estate may limit, or even defeat, what would otherwise be an appropriate claim for commission.

On the other hand, unnecessary complaints or accusations by beneficiaries against a legal personal representative who is performing their duties in a proper way can be a factor operating in favour of the legal personal representative in the award of commission.

A legacy to the legal personal representative in lieu of commission, or in recognition of their services as executor (whether stated expressly or inferred from the will), if accepted, will normally result in no award of commission to the legal personal representative. However, a legacy to the legal personal representative without reference to them acting as legal personal representative will usually not be a bar to an award of commission. Depending on the amount of the legacy and the size of the estate, it may be a factor considered by the Court in reducing the ultimate award. Also, a gift of a share, or even the whole, of the residuary estate to the legal personal representative does not of itself prevent an award of commission.

A legal personal representative is entitled to reimbursement out of the estate for out of pocket expenses incurred in the performance of their duties, such as for postage and telephone expenses. These amounts are in addition to commission.

By Consent?

There is nothing to prevent a legal personal representative and affected beneficiaries (who are fully informed) from agreeing to payment of an amount for commission without any order or other sanction of the court. The affected beneficiaries are those who would bear any part of the burden of the commission payment. Ordinarily this would not include legatees. Commission is regarded as a testamentary expense and is ordinarily paid out of residue.

By Court Approval?

If such an agreement can’t be reached though, to claim commission the legal personal representative must file and pass accounts with the Court. Ordinarily the legal personal representative claims commission at the same time as they seek the passing of accounts.

How Much Commission?

In short, how much is in the discretion of the Court. In NSW the usual practice of the Court is to allow commission by applying different percentage rates to each component of the accounts - assets realised, assets transferred in specie and income collected. Another thing to consider is that the ATO considers commission paid to an executor to be assessable income of the executor personally.

If you think you may be entitled to commission, or want to ensure there is appropriate provision made for your legal personal representative in your will, the team at KJB Law can help. Please contact us on 6281 0999 to discuss.

Andrew Freer E: andrew@kjblaw.com.au

10 things you may not know about estate administration | Part 4

Thu, 10 Nov 2016 20:13:45 GMT

Andrew Freer E: andrew@kjblaw.com.au

Part 4 - Passing Accounts

A legal personal representative has a general duty to keep accounts and render them to beneficiaries when called on to do so. In addition, section 58 of the Administration and Probate Act 1929 (ACT) identifies that the rules may require a legal personal representative to prepare, have examined and have accounts passed by the Court in certain circumstances.

In most cases, a legal personal representative will be able to comply with his or her general duty to account (whether or not a demand has been made) and satisfy beneficiaries by providing an itemised list of:

assets transferred;
assets realised and still held;
funds received from all sources;
payments for estate liabilities, distributions & money retained; and
provision for liabilities not yet paid.

What are Accounts?

Accounts are:

a written record of the legal personal representative's dealing with the estate assets showing, in broad terms, itemised detail of assets transferred to beneficiaries, assets realised or retained; funds received from all sources, payments for estate liabilities, liabilities incurred but not yet paid, distributions to beneficiaries and money retained and re-invested; and
the original supporting documents, that is, receipts, statements and invoices.

The passing of accounts involves a process akin to an audit by a Registrar of the court to determine both whether payments have been made and if so, whether they are proper. A legal personal representative is required to file and pass formal accounts when:

ordered to do so on the application of a beneficiary or the court of its own motion;
an executor wishes to claim commission and cannot reach agreement with affected beneficiaries;
an executor desires to obtain a release but beneficiaries are unwilling to give one.

What do accounts look like?

There is no standard format for accounting in an informal way. The key is to inform beneficiaries adequately. Often accounts will be by letter from the executor's solicitor. The frequency, form and detail will depend on the make-up of assets in the estate and how complex the estate administration has been. Informal yet sufficiently detailed accounts will frequently both satisfy beneficiaries and fulfil the executor's duty to account.

If you are unsure whether you are keeping appropriate records, or are concerned that a legal personal representative is not keeping you properly updated on status of an estate, please contact the team at KJB Law on 6281 0999 to discuss.

Andrew Freer E: andrew@kjblaw.com.au

Buying or Selling at Auction - Don't Get Caught Out!

Thu, 10 Nov 2016 20:10:25 GMT

Nearly 14% of all residential properties listed for sale on allhomes.com.au in the Canberra & Queanbeyan Region are listed as being for sale by auction. In Weston Creek and the Woden Valley just over 32% of homes listed are for sale by auction. [1] Getting good legal advice on the marketing contract prior to the auction can be crucial and failing to do so could cost you thousands of dollars.

Jo Twible E: jo@kjblaw.com.au

The 5 Top Reasons why you should get Pre-Auction Advice

1. Want to make changes to the Contract? Don’t wait till auction day!

When you bid at auction, you are bidding to buy the property on the terms contained in the Contract as it has been prepared on behalf of the Seller . If you want changes made to those terms, these need to be negotiated and agreement obtained before you bid.

2. Problems with the Property? Don’t let them be your problems!
What you think may be just a cracked tile in the shower might actually mean gutting and replacing the bathroom. Your lawyer can bring to your attention matters you may wish to follow up with the Building Inspector before you bid so you have a better understanding of any potential problems.

3. No one worries about unapproved structures, do they?
Some unapproved structures can be fine, some can jeopardise your loan approval or invalidate a later insurance claim. During pre-auction advice, your lawyer should discuss any unapproved structures disclosed in the Contract and then assist you to negotiate appropriate special conditions to be inserted into the Contract to resolve these matters.

4. Can you really rely upon the Building Report?
A Buyer can only rely upon a Building Report contained in a Contract if it is less than 180 days old from the date of inspection at the time you exchange. Your lawyer should check that the Building Report is in date so that if it is later discovered the Inspector missed something they should have seen, you can still make a claim on the Inspector’s professional indemnity insurance.

5. I’m the Buyer, aren’t I?
Couples buying a home might buy it in joint names as joint tenants, tenants in common in equal or unequal shares, through a family trust or a self-managed superannuation fund. When obtaining pre-auction advice, your lawyer should discuss the applicable options with you and advise you the information to give the Agent if you are successful at auction so that the appropriate Buyer details are inserted into the Contract. Getting this wrong can cost you thousands of dollars in stamp duty.

If the home of your dreams is for sale by auction, the team at KJB Law can assist you to be auction ready. For further information on our pre-auction advice services, please contact KJB Law on 6281 0999.

[1] Data obtained from allhomes.com.au as at 20 May 2015

Mr Fluffy Buyback Scheme

Thu, 10 Nov 2016 20:07:13 GMT

Loose Fill Asbestos Insulation Eradication Scheme

The ACT Government has implemented a buyback scheme to all eligible home owners.

The ACT Government will offer to purchase all affected houses in order to enable the demolition of houses and remediation of the sites. The Government has commenced this process by sending eligible homeowners an offer to accept the surrender of their crown lease.

The value of the affected properties will be determined through a valuation process established under the scheme. The Territory will pay for the costs associated with obtaining two valuations of the property by valuers appointed by the Australian Property Institute ACT Division (API). The value of the property will be assessed at market value as at 28 October 2014 and as though the house does not contain loose fill asbestos. The surrender sum offered by the Territory will be the average of the two valuations.

The scheme provides for a third valuation (known as the Presidential Determination) in specific circumstances. If requested by the homeowner, the third valuation will be at the expense of the homeowner. The decision of the third valuer will be final.

Following the valuation, eligible homeowners who choose to participate in the scheme will then enter into a deed of surrender (in regard to the Crown Lease) and, where applicable, statutory declarations. Eligible homeowners will waive any right to pursue legal action against the Territory and the Commonwealth in relation to financial loss with respect to the property but will retain all their rights in respect of personal injury claims (if any).

Participants in the scheme will require independent legal advice as part of the documentation required to complete the application process.

Eligible homeowners will receive $1,000.00 (inc GST) to go towards the legal costs associated with the surrender of their lease. This will be paid on the settlement of the matter. In addition, eligible homeowners will receive a waiver of the stamp duty (to the value of the affected property) on a residential property purchased in the ACT. This may be applied to a new property being purchased or the subsequent re-purchase of the block.

Following remediation of the site, the Territory will offer the eligible homeowner a first right of refusal to repurchase the site. The repurchase price will be the market value determined independently at the time the block is offered for sale and on the basis of the best and highest use value of the block. The Government has indicated its desire to recoup some of the costs of the buyback program through this process. There may be some issues with this for particular homeowners whose blocks are suitable for subdivision.

Important Dates

In order to participate in the buyback scheme, eligible homeowners must lodge an application with the Asbestos Response Taskforce by 30 June 2015. Applications received after 30 June 2015 will not be accepted.

With limited exceptions, the buyback scheme will not be available to people who purchase an affected property after 28 October 2014. This means that a person who exchanges contracts on an affected block after 28 October 2014 is not eligible to apply for financial assistance under the buyback scheme and will be responsible for all costs associated with the maintenance and/or remediation of the property.

Owners of affected properties that were purchased (contracts exchanged) within the period 18 February 2014 – 28 October 2014 who participate in the scheme will be paid the amount they paid for the affected block. The buyback scheme valuation process will not be used in these cases.

The Government has indicated that participation in the buyback scheme is voluntary. However, residents who elect to remain in their properties will be subject to increased restrictions in terms of a requirement for an asbestos management plan and other physical interventions. It is noted that such interventions are likely to have a significant impact on the amenity of the home. In some cases it will prevent the use of heating and cooling services within the home. It is anticipated that such conditions (as yet not fully determined) will be made mandatory in 2015 under the Dangerous Substances Act 2004. Any costs associated with remedial works under these circumstances will be outside of the buyback program and so will be at the cost of the home owner.

In the longer term, the ACT Government has not ruled out implementing a compulsory acquisition of affected properties.

KJB will be assisting clients with advice in relation to the buyback scheme and the proposed surrender documents, when they issue. If you have a Mr Fluffy home and would like to discuss your options in relation to the buyback scheme, please contact to organise an appointment.

Loose Fill Asbestos Insulation Enquiries

Raina Sinha E: raina@kjblaw.com.au

Congratulations

Thu, 10 Nov 2016 20:04:52 GMT

In a fitting extension of festive cheer, KJB Law congratulates Vicki Hogarth and Brendan Goodger on their admission as solicitors to the Supreme Court of the Australian Capital Territory on 13 December 2013.