Why Choose a Solicitor Over a Conveyancer for Your Property Transaction?

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When a marriage or de facto relationship ends, dividing property can be stressful and expensive. One key cost that separating couples in New South Wales should be aware of is stamp duty. Fortunately, under the Duties Act 1997 (NSW), there are stamp duty exemptions for property transfers after separation that can save you thousands of dollars. Stamp Duty Exemptions for Marries Couples and De Facto Relationships Under Section 68 of the Duties Act 1997, stamp duty is not payable on the transfer of matrimonial property if the transfer is made: To a party to the marriage; or To a child (or children) of either party. A similar exemption also applies to the breakdown of a de facto relationship under sections 68(1A) and 68(2). However, to qualify for the exemption, the transfer must be documented: Under a Binding Financial Agreement (prepared in accordance wth the Family Law Act 1975 (Cth)), or Through an order of the Court This ensures the transfer is legally valid and recognised by Revenue NSW. Motor Vehicle Transfers After Separation Stamp duty exemptions also extend to motor vehicle transfers where (s267(6)): The vehicle was registered in the name(s) of the parties in the marriage or relationship; The vehicle formed part of the matrimonial property; The transfer occurred under a Binding Financial Agreement or Court Order; and The Chief Commissioner is satisfied the transfer was made to divide property following the breakdown of the marriage or de facto relationship. Why These Exemptions Matter The savings can be susbtantial. For example, with the median house price in Newcastle and surrounding areas being around $940,000 - the stamp duty payable would ordinarily be aroound $37,000. By properly documenting the transfer under a Binding Financial Agreement or Court Order, couples can avoid this cost entirely. While preparing a Financial Agreement or obtaining Court Orders involves legal fees, these are usually far less than the stamp duty payable, making it a financially smart decision. Current NSW Stamp Duty Rates

Buying your first home is an exciting milestone, but it can also be one of the most overwhelming financial and legal decisions you’ll ever make. In New South Wales, the process is layered with contracts, statutory requirements, and a range of government schemes designed to help first-time purchasers. As property solicitors, we see many first home buyers feeling uncertain about what to expect and what pitfalls to avoid. This guide outlines some of the key considerations you should keep in mind when taking your first step onto the property ladder in NSW.

If you've recently lost a loved one and have been names as an executor in their Will, you may be wondering: how long does probate actually take in NSW? While probate is just one part of administering a deceased estate, understanding the timeline - and potential delays- can help reduce stress during this difficult time and ensure you meet your responsibilities correctly and efficiently. At Dawson Pouwhare Legal & Conveyancing, we guide executors every step of the way. Here is what you need to know.

Obtaining probate is a major legal milestone in the administration of a deceased estate. It confirms that the Will is legally valid and empowers the executor to manage the estate. But once probate is granted, many executors are left asking: "What happens next?" At Dawson Pouwhare Legal & Conveyancing, we guide executors through every stage of estate administration. Below is a breakdown of the typical steps following the grant of probate - and the common issues to look out for along the way.

When a loved one passes away, dealing with their estate can be complex—especially when it comes to superannuation. Many people are unaware that superannuation does not automatically form part of a deceased’s estate. Instead, it is distributed in accordance with the fund’s rules, trust deed, and applicable superannuation laws. This distinction can lead to significant legal complications if not planned for properly. In this blog, we explore the key legal issues surrounding superannuation death benefits, including binding nominations, discretionary trustee decisions, and potential disputes. Does Superannuation Form Part of the Estate? Under superannuation law in Australia, a person’s superannuation is held in trust and managed by the trustee of their super fund. As such, superannuation is not automatically covered by a person’s will. Unless it is paid to the estate via a valid nomination, the trustee decides who receives the death benefit. This means that wills alone are not sufficient to deal with superannuation entitlements. Binding vs Non-Binding Death Benefit Nominations One way to direct the payment of superannuation is through a Death Benefit Nomination. These come in two main forms: Binding Death Benefit Nomination (BDBN) Must be valid and current (typically lapses every 3 years unless non-lapsing). Must nominate a dependant (as defined under the Superannuation Industry (Supervision) Act 1993 (Cth)) or the legal personal representative (LPR). If valid, the trustee is legally required to follow the nomination. Non-Binding Nomination Provides guidance to the trustee but is not binding. The trustee ultimately decides how the death benefit is paid, which may differ from the nomination. Who Is Considered a Superannuation Dependant? Under Section 10 of the SIS Act, a dependant includes: A spouse or de facto partner (including same-sex partners), Children of any age (including stepchildren in some cases), Anyone in an interdependency relationship with the deceased, Financial dependants. Nominations made to people outside these categories—such as parents, siblings or friends—may be invalid, potentially triggering disputes. Common Legal Complications Lapsed or Invalid Nominations A binding nomination that has lapsed or incorrectly names a non-dependant can result in the trustee exercising discretion, often contrary to the deceased's intentions. Disputes Among Beneficiaries Competing claims from spouses, ex-spouses, children, or other dependants can lead to lengthy and costly disputes through internal dispute resolution or the Australian Financial Complaints Authority (AFCA) - Super Paid Outside the Estate When the trustee pays the benefit directly to the dependant (rather than to the estate), this amount is not governed by the will, which can cause issues in blended families or where unequal distributions are expected. Tax Implications Death benefits paid to non-dependants (as defined under the Income Tax Assessment Act 1997 (Cth)) may be taxed up to 32%, reducing the benefit received. Planning Ahead: How to Minimise Risk Review and update BDBNs regularly – ensure they remain current and compliant. Seek legal advice when preparing your will and superannuation nominations to ensure alignment. Consider paying superannuation to your legal personal representative (estate) if you want the distribution controlled by your will—particularly important for blended families. Document interdependency or financial dependency relationships if relevant, to support valid claims. Superannuation can be a significant asset, and failing to plan for its distribution can lead to unexpected outcomes and family conflict. A carefully drafted estate plan—supported by legal advice and up-to-date binding nominations—can help ensure your wishes are carried out and reduce the risk of disputes. Need assistance with your superannuation and estate plan? At Dawson Pouwhare Legal & Conveyancing , we help individuals and families across NSW navigate the complexities of estate planning. Contact our team today for personalised legal advice. (02) 4954 8666 www.dawsonpouwhare.com.au

When purchasing property in New South Wales, buyers often focus on securing finance, arranging inspections, and reviewing contracts. But one lesser-known protection that can be equally important is title insurance. This blog explains what title insurance is, how it works in NSW, and whether it's worth considering for your property purchase. What is Title Insurance? Title insurancde is a one-off insurance policy that protects property purchasers and homeowners against certain unknown risks that can affect the legal ownership of the property. It is commonly issued by companies such as First Title or Stewart Title in Australia. Unlike general insurance (which protects against future events), title insurance covers risks that exist at the time of the purchase but may not be known until after settlement. What Does Title Insurance Cover? While coverage varies between insurers and policies, typical protections include: Illegal building works: Cover for structures built without proper council approval (e.g. unapproved extensions or decks). Errors in council rates, land tax, or water rates: Protection if you're forced to pay outstanding charges that should have been paid by the vendor. Boundary or survey issues: If a structure encroaches onto a neighbour's land, or vice versa. Fraud, forgery or identity theft: Cover if another person fraudulently claims ownership of your property. Planning and zoning discrepancies: Cover if a property use is not permitted under zoning laws, despite representations to the contrary. Important: Title insurance does not replace legal advice or due diligence - it complements it. Is Title Insurance Mandatory in NSW? No. Title insurance is optional in New South Wales. However, some solicitors and conveyancers may recommend it, especially if: You are buying at an auction without the ability to negotiate contract terms; There are uncertainties in the planning certificates or survey reports; The vendor refuses to give certain warranties; The property has been renovated without clear documentation. How Much Does Title Insurance Cost? Title insurance is a once-off premium based on the value of the property. As a general guide: For residential property purchases under $500,000: premiums may start from $400-$500; Higher property values attract proportionally higher premiumS. Unlike other types of insurance, there are no annual renewal costs. Key Benefits and Limitations Benefits: Peace of mind against hidden legal risks; One-off payment - no ongoing costs; Covers risks that may not be discoverable in standard due diligence. Limitations: Exclusions apply (e.g. known issues, environmental contamination, or tenant disputes); Not a substitute for building inspections or legal review; Claims may be subject to excesses and conditions. Should You Get Title Insurance? Title insurance can be a valuable safety net, particularly for risk-averse purchasers or those buying under time pressure. However, it should never be seen as a shortcut for proper legal review or property investigations At Dawson Pouwhare Legal & Conveyancing, we recommend discussing your individual circumstances with your solicitor before purchasing a policy. We help you understand what is already covered by law, what the policy offers, and whether it's the right choice for your property transaction. Final Thoughts While title insurance is not required, it can offer valuable protection in certain scenarios—particularly in an increasingly complex property market. The key is understanding what it does (and doesn’t) cover and how it fits within a comprehensive legal and conveyancing strategy. Need help with your property purchase in NSW? Contact our experienced team today on (02) 4954 8666 or visit www.dawsonpouwhare.com.au to discuss how we can assist you.

Purchasing your first home is an exciting milestone, but it also involves navigating complex financial and legal considerations. Fortunately, the NSW Government prvoides a range of stamp duty concessions and grants designed to support eligible first home buyers and reduce the upfront costs of entering the property market. This article outlines the key assistance schemes available in 2025, including eligibility critera, application processes, and legal considerations.

If you're a business owner in New South Wales (NSW) preparing to lease a premises, it's essential to understand whether your lease is classified as retail or commercial. This classification significantly affects your legal rights and protections as a tenant - including disclosure requirements, lease terms, and financial obligations. Misunderstanding the lease type can result in missed entitlements or unexpected costs. Here's what every prospective tenant should know before signing on the dotted line. Retail vs. Commercial: What's the Difference? The main distinction lies in the nature of your business and whether the Retail Leases Act 1994 (NSW) applies. A retail lease typically applies to premises used for selling goods or services directly to the public (e.g. beauty salons, cafes, clothing stores, takeaway outlets, or tenants in a shopping centre) A commercial lease applies to non-retail uses like offices, industrial warehouses, and storage spaces. If your lease falls under the Retail Leases Act, you benefit from additional statutory protections - but many tenants are unaware of their entitlements. Does the Retail Leases Act 1994 (NSW) Apply to Your Lease? You are likely entering into a retail lease if: - Your business falls within a class of retail business listed in Schedule 1 of the Retail Leases Regulation 2022 (NSW). - The premises are under 1,000 square metres. - The lease is not for certain excluded uses (such as ATMs or storage-only premises) If in doubt, always seek legal advice before signing. Many tenants sign leases that should be classified as retail without receiving the benefits of the Act. Why Classification Matters: Key Protections for Tenants Under a Retail Lease If your lease is governed by the Retail Leases Act 1994 (NSW), you are entitled to significant protections that commercial tenants may not receive: 1. Mandatory Disclosure Statement Before you sign, your landlord must give you a Disclosure Statement (Section 11). This outlines key lease terms such as rent, outgoings, and renewal options. If the landlord fails to provide this document (or if it is misleading), you may be entitled to terminate the lease within six months. 2. Minimum Lease Term of Five Years Under Section 16, a retail lease is automatically deemed to be for five years (even if a shorter term is written) - unless you voluntarily sign a certificate waiving this right. This gives tenants valuable security of tenure. 3. Limit on Security Bonds Security bonds in retail leases are capped at three months' rent (Section 16C), providing certainty and protecting your cash flow. The bond must be returned promptly after the lease ends, assuming there are no breaches. 4. No Landlord Legal Fees for Lease Preparation In retail lease, the landlord cannot pass on their legal costs for preparing the lease to the tenant (Section 14), which can save thousands in upfront costs. What If You're on a Commercial Lease? If your lease is not covered by the Retail Leases Act , you won't receive these protections - your rights and obligations will depend entirely on what is written in the lease. For this reason, getting the lease reviewed by a solicitor is crucial before you sign. Commercial leases often place a heavier burden on tenants in areas like: Responsibility for repairs and maintenance Contribution to outgoings (e.g. council rates, water, insurance) Limited notice periods for termination or relocation Don't Sign Until You Know Where You Stand Understanding whether you're entering a retail or commercial lease is more than a technicality - it directly impacts your legal rights, long-term costs, and business security. Need Clarity on Your Lease Type? At Dawson Pouwhare Legal & Conveyancing , we help tenants review and understand their leases before signing. Our Lease Classification Review Service ensured you don't miss out on the protections you're entitled to under NSW law. Call us today on (02) 4954 8666 or visit www.dawsonpouwhare.com.au to book a fixed-fee lease review.