Binding Financial Agreement Victoria | Family Law Lawyers
What is a Binding Financial Agreement? Most people enter a relationship hoping it will last. However, sensible financial planning does not mean that you expect the relationship to fail. It means that both people understand their financial position and agree on what should happen if their circumstances change. A Binding Financial Agreement is a private...
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Card Surcharges Ending in Australia from October 2026
Card Surcharges Are Ending in Australia: What Businesses Need to Know Australian businesses that accept card payments need to prepare for an important change. From 1 October 2026, businesses will no longer be able to charge customers or clients an extra fee for paying by eftpos, Visa, Mastercard or American Express. The change will affect...
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Solicitor Certificate Victoria | Loan and Guarantee Legal Advice
What is a solicitor certificate? If you are obtaining a loan, refinancing a property, giving a personal guarantee or offering your property as security, the lender may ask you to obtain independent legal advice and a solicitor certificate. This is common with: Major banks. Second tier lenders. Third tier lenders. Non bank lenders. Private lenders....
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Default Judgment in Victoria: Can It Be Set Aside?
Default Judgment in Victoria: Can It Be Set Aside? A default judgment does not always mean your case is over. Shawn Mendis Lawyers recently appeared in the Magistrates’ Court of Victoria for Defendants who had a default judgment entered against them. We successfully asked the Court to set aside the judgment and allow the Defendants...
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Understanding Fair Work Conciliation and Arbitration in Australia
When workplace issues arise, especially involving claims of unfair dismissal, the Fair Work Commission (FWC) plays an important role in helping employees and employers resolve disputes quickly and fairly. One of the most common steps in this process is conciliation, followed by arbitration if the dispute cannot be settled. This article explains what these processes...
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Understanding the 2025 Franchise Law Changes in Australia and Victoria
From 1 April 2025, Australia introduced a new version of the Franchising Code of Conduct, which applies across all states, including Victoria. Some rules will become fully active from 1 November 2025. These updates are designed to make franchise relationships fairer, clearer, and more transparent for both franchisees and franchisors. At Shawn Mendis Lawyers, we...
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Australia’s New Foreign Property Purchase Rules: What It Means for Investors and Housing Supply
For years, I have assisted foreign investors in acquiring properties across Australia, helping them navigate complex legal requirements and secure investments in a thriving real estate market. However, significant changes are coming to foreign property ownership laws in Australia, and it’s crucial to understand their implications, benefits, and how they will shape the housing market...
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Important Changes to FRCGW effective from January 1, 2025
The Australian Taxation Office (ATO) has implemented significant amendments to the Foreign Resident Capital Gains Withholding (FRCGW) regime, effective from January 1, 2025. These changes impact both Australian residents and foreign investors involved in property transactions across Australia. Understanding these changes is critical for sellers and buyers to ensure compliance and avoid penalties. Key Changes: 1. Increased Withholding Rate: The withholding rate has increased from 12.5% to 15% of the property's sale price, making it more important than ever for sellers and buyers to be aware of their obligations under the FRCGW. 2. Removal of Monetary Threshold: The previous exemption threshold of $750,000 has been removed. Now, all property sales, regardless of value, are subject to the FRCGW requirements. This marks a significant shift, particularly for lower-value property transactions that were previously exempt. Implications for Property Sellers: • Australian Residents: Sellers must obtain a clearance certificate from the ATO and provide it to the purchaser at or before settlement. Without this certificate, the purchaser is obligated to withhold 15% of the sale price and remit it to the ATO. To avoid unnecessary complications, it is advisable to apply for the clearance certificate early, as processing can take up to 28 days (though most are issued within a
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