Buying a House in Australia: When do I have to Pay Stamp Duty?

Purchasing a house can be a lengthy and complicated process, but above all else, it’s almost always a process that is financially straining. Expenses are already high when you consider the base price of the property, but these expenses are almost never left bare and unadulterated.

Secondary elements and external forces often increase the cost of purchasing houses, and often times these contributors are dependant on the circumstances inherent in every case. Not every situation will incur the added costs of certain influencers, and the total costs can be subject to notable changes depending on the circumstances at hand.

One of the most noteworthy of cost increases is the one that is brought about by the existence and applicability of the stamp duty tax. The stamp duty is a charge placed on certain written documents and which is levied on various types of transactions in which one piece of property is undergoing a change of ownership. In Australia, the Federal Government does not conduct any stamp duty initiatives; stamp duties are controlled and enforced by the state governments.

In the case of the stamp duty on real estate, the tax is paid by the purchaser of the property. The stamp duties levied on real estate are subject to structural changes depending on the state that the property in question resides, for instance the rates, although the terms stay relatively consistent across the board.

These terms involve the amount of time that is granted to the purchasers before the tax demands are required to be met. As a purchaser of real estate, you are legally required to meet the stamp duty demand within 30 days of the transfer of property being finalised. In real estate terms, this means 30 days after the settlement of the property has occurred.

There are various concessions that can be claimed depending on the circumstances involved in any individual case, which can mean either a lowering of the stamp duty tax or a complete removal altogether if the situation allows for it. If you’re having issues with language barriers with regards to the process, it is highly advised that you seek out the assistance of a trained and experience professional in the translation field, who can guide you through the process tentatively and conscientiously.

What is an affidavit?

An affidavit is a written statement that has been formally verified for use in court on behalf of the party responsible for the creation of the statement. It is the primary vessel for the presentation of evidence before a court, and is an essential element to the enunciation of the facts of the case.

The written statement becomes an affidavit after the contents of the statement have been affirmed to be true by an authorised person. All affidavits must be signed with a witness – who is also the presiding authorised person – present during the procedure. This authorised person is more often than not a legal professional of some kind, although a justice of the peace is frequently used as an alternative. The witness bears the duty of seeing out the procedure by first overseeing the party in question’s signing of the statement, which is then followed by the placement of their signature on the affidavit.

The individual who formulates the affidavit is known as the deponent, and this individual can be any number of persons, including:

• Either a respondent or a defendant in a case.
• A formal witness in a case.
• A plaintiff of a case.
• Any person who may prove knowledgeable to the intricacies involved in the case at hand.

An affidavit can be formulated without the assistance of a legal counsel, although the process can be rather complex, especially if you aren’t experienced in dealing with legal processes. This is why it is always the preferred option to seek out legal advice in this type of scenario.

There are two main ways of verifying an affidavit. The first method involves the notion of swearing, in which an oath is sworn by the individual in question, before their god, and in declaration that their position is aligned with the truth. This method denotes a religious affiliation, so an individual can opt for affirmation instead, if they wish not to swear a religious oath. The affirmation is a personal and solemn deceleration of truth, with no ties to religion.

Many instances will allow you to remain absent from the presentation of evidence in court if you have an affidavit, although to ensure this is applicable to your unique case, it is advised that you seek out the assistance of a professional legal counsel. Often times a court may require a party or a witness to answer questions that regard the affidavit in question, and if this instance requires the help of a trained and experienced translator, you can contact this link for further information.

Quitting Your Job? Stick to These Rules

If you’re considering giving up your current employment, or you’re already in the process of doing so, there are a few things that must be considered before the deed is done.

A smooth and easy process is always ideal: where all parties experience the least amount of turbulence and issues, and where a hassle-free transition to your next line of work is open to come to fruition. It isn’t always completely possible for this ideal situation to occur, but there are certainly things you can do to minimise ill feelings and maximise future prosperity.

Whether you’re disgruntled with your current job, feel restricted in your growth potential, or simply want something more stimulating and fulfilling, these rules are applicable across the board. Sticking to these rules will lay down the groundwork for a trouble free and excellently executed transition — something of paramount importance in a time that can be riddled with uncertainty.

Speak to your employer

It is important that you ask for a conversation with your employer about the situation, so you can make sure your thoughts are expressed prior to your final decision. Leaving without any animosity or ill feelings may not be possible in every circumstance, but at least you’ll be holding up your end of the situation in a respectful and thoughtful manner.

Give proper notice

Even if you aren’t required to give any due notice, it goes a long way to prove your character to be honest and dignified. Give proper notice to your employer so they have ample time to work out things on their end, and to give yourself enough time to organise your proceedings.

Don’t do anything unless you have options

Leaving on a whim may not be the best decision to make, and the people out there currently searching tirelessly for employment can attest this. Having a plan of attack laid out in your mind beforehand will make it easier and less stressful when you eventually do hand in your resignation. You don’t want to walk out and end up having nothing to support you thereafter, so make sure you know exactly what you’re going to do ahead of time.

Remain gracious and courteous

Never badmouth the employer to customers, fellow staff, or even competitors. Remain gracious and courteous throughout the entire process, as even if the employer doesn’t allow for you to leave on good terms, at least others will see how you handled the ordeal.

How to Appoint a Guardian for an Adult in Australia

Guardians are appointed for the legal care of adults who basically have no decision-making abilities or those who need help with making decisions.  These include those with brain injury, and neurological, psychiatric, intellectual, developmental and physical disabilities. With the prevalence of people having these disabilities in Australia given the aging population, knowing the laws and process in appointing guardians for adults in Australia would be useful.

Guardianship can either be formal or informal. Basically, formal guardianship is one that has to go through the courts, tribunals, orders or panels. It might be deemed necessary given the following situations:

• The individual is without family or friends able or willing to care for the person
• The individual is harmed, neglected, exploited or abused
• There is conflict in what is deemed to be the individual’s best interest
• Current guardianship arrangements are not to the individual’s best interest.

Once a guardian is appointed for the care of the adult, he can manage, control and exercise decision making for the individual concerned. One or more guardians, with varying or joint functions, may be appointed for an adult.

Another means of appointing a guardian is by choosing one for yourself.  All territories in Australia have provision for this, referred to as “enduring guardians.”  Any person 18 years and above can appoint their chosen enduring guardian, someone who will legally make their decisions for them when they no longer have the capacity to do it themselves.

The most basic criteria to be eligible to become a guardian in Australia are as follows:

• 18 years or older;
• Compatible personality with the concerned adult;
• Willing and able to exercise the responsibilities of a guardian; and,
• No conflict of interest.

Appointing a guardian for adults need to go through varying process, the most basic in all territories being – application, investigation, hearing and review.  States may differ on who legally initiates a guardianship application but generally, they are as follows:

• The person itself;
• A court, tribunal, panel or board;
• A relative;
• A public Advocate or guardian or an adult guardian; or
• An interested person.

The hearing and investigation goes hand in hand as it is during the former that the investigation is conducted, except in some territories where the laws authorises the Guardianship Board to allow the Public Advocate to undertake an investigation.  Hearings can extend depending on the complexity of the case. Once hearings are over, decisions will be made and orders will be sent to the concerned parties, including the reasons for the decisions/orders.

Reviews will be done periodically, the duration of which depends on the type of the order. For instance, a temporary order may be reviewed in as short as 28 days. Other reasons to conduct a review are when the guardian asks to be discharged, when he dies or when he is deemed incapable.