Day 1 - Succession Roadshow, Ipswich to Roma

Chinchilla to Roma

Posted by: Kylie Wilson

I set out early on Sunday morning to head to Roma on the first leg of my road trip to central Queensland, which will include the Succession Roadshow with RCS, Entello Group Investments and Buckley Family Lawyers.  The most nerve-wracking part of the five hour-plus drive was navigating my 200m driveway after the four inches of rain that plummeted down in an hour on Friday night.  The roads were mostly in good shape, other than the 60km zone from Brigalow to Chinchilla for the roadworks to upgrade Warrego Highway.  I had no issue with the 60km speed limit, but obviously the truck driver behind me who tailgated me the entire way into town was feeling some level of frustration with the roadworks.

It's been a few years since I have taken the trip between Chinchilla and Roma, and it was an absolute pleasure to see how well the land is doing in that area at the moment compared to my last trip out that way.  My last trip was during a drought period and most of that section of the highway resembled an arid dustbowl.  It was fantastic to see such a good covering of feed for the majority of that section of Queensland.  Many properties further west have not had the level of rainfall experienced in that area and are obviously still doing it tougher, but it is still nice to see an improvement in this section compared to my last trip. 

After a very successful succession planning meeting with clients in Roma, where "communication is the key" was clearly evident, I'm looking forward to getting out bright and early Monday morning to head further north and visit clients in Clermont for a tour of their very successful cattle business, before the first of the succession seminars in Emerald on Tuesday.

More to come tomorrow after the next leg of the trip.

Consolidation for MBRC Planning Scheme

Posted by: Megan Tilbrook

After many years of working across three different schemes for the Moreton Bay Regional Council planning scheme area, the Council has now adopted a consolidated scheme.  The Moreton Bay Regional Council Planning Scheme commenced on 1 February 2016. 

Further details in relation to the planning scheme can be found at the following link.

It is important to bear in mind that if there has been any negative impact on the development potential of your land due to the changes from the old planning scheme to the new planning scheme, you should be considering whether you should be making an application to apply the provisions of the old scheme to assessable development.  Any request under the superseded scheme must be made within 12 months of the new scheme coming into effect - that is, the request must be made by 31 January 2017. 

If the Council refuses to apply the superseded scheme, there are some circumstances where compensation can be claimed.  If you have any concerns about the impact of the new scheme on your land, then you should consider taking action well before 31 January 2017 to ensure that you do not lose the right to do so forever.

Not all work and no play

Posted by: Karen Thompson

It has not been all work and no play at Anderssens with Scott Thompson, Managing Director rowing the 8.6km course in a mixed eight at this year’s Head of the Yarra in Melbourne. Enjoying a second place in his esteemed age group from the Sunshine Coast Rowing Club.

As well earlier in the month, Richard Thompson competed in an Ironman Triathlon held at Busselton, Western Australia. Richard finished the 3.8km swim, 180km bike, 42km run in 9:01 and in doing so he qualified for the famous Hawaiian Ironman World Championships next October. 

We are looking forward to putting some of our fitness goals on hold over the relaxing and festive Christmas season and getting back into them in the New Year!

Deadline for Non-Residents to Register their Australian Agricultural Holdings on the New Agricultural Land Register

Posted by: Tony Allen

If you are a non-resident of Australia and you own agricultural land in Australia then you need to ensure that your agricultural land holdings have been registered on the new Australian Agricultural Land Register. [Click here for register]

There are recently announced new deadlines to register your interests. Penalties may apply to those who fail to register by the extended deadlines.

 All foreign individuals, companies and trustees non-residents who:

1. have held agricultural land on or after 1 July 2015 and before 1 February 2016, are required to register their interests by 29 February 2016; and
2. start to hold agricultural land on or after 1 February 2016 are required to register their interests before the end of 30 days after you start to hold the land.

If you:

1. are uncertain if under Australian law the Australian Taxation Office will treat you as a non-resident for agricultural land holding purposes; or
2. need advice or assistance concerning your Australian agricultural holdings or registration of your interests on the new Australian Agricultural Land Register,

then please call me to discuss - 07 3234 3112.

Retirement and Real Estate Planning Bulletin repurposing permission

Posted by: Richard Thompson

An informative article regarding the Munro v Munro case written by our Richard Thompson, together with Richard Williams of Counsel. To read article Click Here.

30 November 2015 deadline for foreign residents to disclose residential real estate purchases

Posted by: Tony Allen

The Australian Treasury is actively investigating 532 cases of possible breaches of the Government’s foreign investment rules. Treasury has recently forced various foreign owners to sell a further seven illegally held residential properties located in Victoria, New South Wales and Queensland. Since it took office in 2013, the government has forced foreign nationals to sell 19 properties.

The Treasurer has recently reminded foreign investors who have purchased residential properties without notifying the Foreign Investment Review Board that they have until 30 November 2015 to disclose those transactions without penalty. [Click here to read more]

If you are a foreign national and are uncertain as to your obligations in respect of your purchase of residential property then please call me to discuss.

Care needs to be taken when varying Trust Deeds

Posted by: Tony Allen

A recent case [MERCANTI -v- MERCANTI [2015] WASC 297], where one trust deed amendment was effective but another was found by the court not to be a valid amendment, demonstrates that good advice and drafting is needed to ensure valid and effective amendments to trust deeds.

In this case the person empowered by each of two different trust deeds to amend the trust deed purported to exercise those powers to change the person named as the ‘appointor’ in each of the trust deeds. The person removed from the ‘appointor’ position challenged his removal and the court found that the wording of the relevant clauses was critical.   In one case the court found that the power was sufficiently wide to authorise the change but not in the other. If your Trust deeds need amending, (and many do) then please call me to discuss.