Articles

Stamp Duty for First Home Buyers

Changes to Stamp Duty for First Home Buyers

The most valuable asset most people own is their own home. For first home buyers, Sydney’s market can be especially daunting, particularly when considering the additional costs that come on top of the value of the purchase. On July 1, 2017, the New South Wales government introduced three key changes to regulations governing real estate purchases and building on newly purchased land.

Stamp Duty

Stamp duty is payable on the purchase price of the property at the time of your purchase. From 1 July 2017, stamp duty for first home buyers on the purchase of new or established properties under $650,000, has been abolished, reducing the cost of the purchase by up to almost $25,000. New home buyers also have reduced stamp duty for purchases within the range of $650,000 to $800,000.

 

Insurance Duty on Lender’s Mortgage Insurance

A lender’s mortgage insurance is a premium payable by the borrower that protects the lender against the potential loss they may incur if the borrower is unable to repay their home loan. In general, the purchaser is required to take out Lender’s Mortgage Insurance if borrowing more than 80% of the value of the property for standard loans, or 60% of the value of the property for ‘Low Doc’ loans.

Until June 30, 2017 stamp duty of 9% was […]

Friday, September 15, 2017|0 Comments

Larceny and Theft Charges

 

What is Larceny?

Larceny is theft of property. For an offence under this provision, the property taken must be something tangible and must have some value. It could include a credit card, a cheque or even using someone else’s power supply.

 

The theft must be of property that lawfully belonged to someone else; that is, from someone who had possession of the item.

 

Intending to return the property, money or other property of equal value at a later time is not a defence if you or someone else has received a benefit.

 

The penalty of larceny or theft in NSW carries a maximum sentence of 5 years. If dealt with in the Local Court the penalties are subject to limitations, depending on the value of the property stolen:

 

  • If the value does not exceed $2,000 the maximum penalty is 2 years’ gaol and/or 20 penalty points;
  • If the value does not exceed $5,000, the maximum penalty is 2 years’ gaol and/or 50 penalty points;
  • If the value exceeds $5,000 the maximum penalty is 2 years’ gaol and/or 100 penalty points.

 

NSW legislation refers to penalty units to describe the amount payable for a fine. Penalty units are used instead of dollar amounts because the rate for penalty units is indexed for inflation and may therefore change. Currently, one penalty unit is $110. […]

Sunday, April 9, 2017|0 Comments

Good Behaviour Bond

A good behaviour bond is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is 5 years. As a good behaviour bond is made under Section 9 of the Crimes (Sentencing Procedure) Act, it is sometimes referred to as a Section 9 bond.

Magistrates are more likely to give section 9 good behaviour bonds for less serious offences, and for first-time offenders.

If you have no previous criminal convictions (or, in the case of a traffic offence, a commendable driving record), your chances of receiving a good behaviour bond are higher than an offender with multiple previous convictions.

As with any penalty that might be levied against you if you are found guilty of an offence, it is important that you understand what a good behaviour bond is, and what conditions you need to meet in order to avoid further consequences. Breaching the conditions of a good behaviour bond can lead to the magistrate revoking the bond and imposing a harsher penalty.

 

What are the conditions of a good behaviour bond?

Conditions vary but may include:

  • Restrictions on places you attend and persons you […]
Sunday, March 26, 2017|0 Comments

SDRO Enforcement Orders

State Debt Recovery Orders are issued on behalf of the NSW Government Office of State Revenue.

Commonly referred to as SDRO Enforcement Orders, this is an item of mail that you should not ignore or put into the “too hard basket”. Delaying a response to such an order can have hard and lasting consequences. These include: loss of licence, cancellation of vehicle registration and a community service order.

The SDRO Enforcement Order will issue if you do not pay or finalise your penalty reminder notice or court fine by the due date. Failing to pay such reminder notices or fines will result in you receiving an enforcement order with an additional $65 fee applied.

Below is the sequence of events which will begin if you fail to pay your fine.

Penalty Notice – PAY by due date

                           ↓

Enforcement Order

  • PAY the fine

Other paths available include:

  • Dispute the fine
  • Request Work & Development Order
  • Request a postponement of enforcement order

                     ↓

Enforcement Action

  • Drivers licence suspension,
  • Vehicle registration suspension
  • Customer business restrictions with RMS

                     ↓

Civil Sanctions

  • Includes property seizure
  • Garnishee order on employer or bank
  • Examination summons & charges on land

                  […]

Sunday, March 12, 2017|0 Comments

What Does Child Support Cover?

What does child support cover?

This is a frequently asked question and can lead to much confusion.

Firstly, child support is money transferred between separated parents to help the financial costs of raising a child or children. The money can be transferred privately, by agreement or to the supporting parent through the Department of Human Services, Child Support Division (“the Department”) who collect the money on their behalf.

Both parents are assessed to determine who receives the child support, with factors contributing that include:

  • Time spent with primary carer
  • Income earned by non-primary carer

The child support is paid when both parents no longer live together on a domestic basis, the child is under the age of eighteen or is still at school, and is not a member of a couple.

Child Support Assessment: this is where the Child Support Agency (CSA) calculates payments based on a legislative formula. To calculate a Child Support Assessment the Child Support Registrar (“the Registrar”) takes into account: each parents’ income; the percentage of nights that the child spends with each parent each year; the percentage of the child’s costs for which each parent is responsible based on their care of the child; and the costs of the child.

Child support generally covers food, clothing and shelter. The formula used to reach the figure paid is based on research estimating the cost of […]

Saturday, February 25, 2017|0 Comments

Burwood Local Court

Criminal Lawyers for Burwood Local Court

Our team of criminal lawyers regularly appear before Burwood Local Court and are thoroughly experienced, effective and trustworthy. If you require legal assistance, call Acclaim Legal today on (02) 9744 0722 or send us an email here.

 

 

 

 

 

 

 

 

 

 

 

 

Burwood Court House Contact Details
Telephone: 1300 679 272
Fax: (02) 9744 4144
Street Address: 7-9 Belmore Street, Burwood, NSW 2134
Postal Address: PO Box 235, Burwood NSW 1805
Registry Hours: 9:00 am – 4:30 pm (Mon – Fri)
Opening Hours: 8:30 am – 5:00 pm (Mon – Fri)
Email: local-court-burwood@justice.nsw.gov.au

 

 

 

 

 

 

If you require assistance, phone Acclaim Legal on (02) 9744 0722 for advice on criminal and police matters.

Sunday, January 22, 2017|0 Comments

Burwood Police Station

Criminal and Traffic Lawyers for Burwood Police Station

If you require an experienced, effective and trustworthy criminal lawyer to assist you and defend you at Burwood Police Station, call Acclaim Legal today on (02) 9744 0722 or send us an email here.

A view from outside burwood police station

 

Contact Details
Telephone: (02) 9745 8499
Fax: (02) 9745 8411
Address: Belmore Street, Burwood, NSW 2134
Opening Hours: Open 24 Hours

 

 

 

 

 

Sunday, January 22, 2017|0 Comments

De Facto Relationships

What is a De Facto Relationship?

A de facto relationship is one where you and your partner, of the same or opposite sex, have a relationship as a couple living together on a genuine domestic basis. It is not a de facto relationship if you are legally married to one another or are related to each other.

Since March 2009, parties to an eligible de facto relationship that has broken down can apply to the Family Court or the Federal Circuit Court to have financial matters determined in the same way as married couples.

All the circumstances of the relationship will determine whether a couple have a de facto relationship. These include:

  • the duration of the relationship
  • the nature and extent of their common residence
  • whether a sexual relationship exists
  • the degree of financial dependence or interdependence, and any arrangements for financial support, between them
  • the ownership, use and acquisition of their property
  • their degree of mutual commitment to a shared life
  • whether the relationship has been registered, in a State or Territory with laws for the registration of relationships
  • the care and support of children, and
  • the reputation and public aspects of their relationship.

Financial Disputes

You must apply for the de facto financial orders within two years of the breakdown of your relationship. After this time you need the Court’s permission to apply.

Children

The Family Court and the […]

Saturday, December 17, 2016|0 Comments

Your Local Lawyer

Acclaim Legal has been serving the communities of Burwood, Strathfield, Croydon, Ashfield and the greater Inner West region for over 25 years. Have you been charged with an offence that is to come before Burwood Local Court? To protect your interests, choose a local lawyer with knowledge and experience and who is familiar with the court at which your matter is going to heard.

Acclaim Legal will provide you with robust representation for your Burwood Court matter. Your Acclaim Legal solicitor will fearlessly protect your interests to ensure your matter is dealt with competently. As the saying goes, it helps to know the lie of the land. We will thoroughly prepare your matter for court – not a stone unturned!

Burwood Court is a busy courthouse with regular days set aside for specific matters. Tuesdays and Thursdays are the list days for Traffic, Assault and Police Apprehended Violence Offence (AVO) matters; Wednesdays are set aside for the more serious offences, while Fridays are for hearings and private AVO matters.

Our solicitors attend Burwood court on all charges, including drink driving and other traffic matters, AVOs, assault, drug charges (possession and/or supply), murder and manslaughter charges, and bail applications.

 

Call 9744 0722 to let us give you the peace of mind in having a skilful advocate advance […]

Sunday, November 27, 2016|0 Comments

Foreign Investment Surcharge

Purchaser duty surcharge:

The NSW Government introduced a 4% surcharge purchaser duty on the purchase of residential real estate by foreign persons from 21 June 2016. The surcharge is in addition to the duty payable on the purchase of residential property.

If a foreign person, purchases a residential property for $2 million, duty calculation is as follows:

Duty payable on $2 million is $95,490

Surcharge of 4% on $2 million is $80,000

Total payable is $95,490 + $80,000 = $175,490

The second significant change is that foreign persons will not be entitled to the 12-month extension for the payment of stamp duty for off-the-plan purchases of residential property, which applies to residents of Australia.

 

Who is an ordinary resident?

An individual is an ordinarily resident in Australia at a particular time if the individual has actually been in Australia during 200 or more days in the period of 12 months immediately preceding that time, and is not (or was not, immediately before their most recent departure from Australia) subject to any limitation as to time for their continued presence in Australia.

A New Zealand citizen is not classified as a foreign person if they hold a special category visa, within the meaning of section 32 of the Migration Act 1958 of the Commonwealth and whose continued presence in Australia is not subject to any limitations as to time imposed by law. However, […]

Sunday, November 6, 2016|0 Comments