FAQs

Buying or Selling a Property

• What is the 3 day cooling off period and when is a purchaser entitled to it?

• What is a caveat, and when should I lodge one?

• What is a Vendor's Statement and when must it be provided?

• What if the property is leased?

• What about GST?

• What is a restrictive covenant?

• What is a restriction on a plan?

• What if I am an owner-builder?

• What about the Owners Corporation?

• When can the deposit be released to the Vendor before settlement?

• What is duty and how is it calculated?

• What is special land tax, and who must pay it?

• What are 'back rates' and who must pay them?

• What are the restrictions of foreigners purchasing property in Australia?

• What are 'adjustments' and how do they work?

• What is penalty interest?

• What if I buy or sell 'off the plan'?

Family Law

• My spouse and I have separated so when should I see a lawyer?

• Does it matter if I am the one to move out?

• What factors are considered when dividing property after separation?

• What about our superannuation?

• Will my matter proceed to Court?

• Is there a time limit in which I must file an Application with the Court?

• What do I do if I have been served with a Court Application by my spouse?

• What if my spouse and I come to an agreement after proceedings have been issued in the Court?

• What is a Binding Financial Agreement?

• When can I enter into a Binding Financial Agreement?

• What are the requirements for obtaining a Divorce?

• What is a de facto relationship?

• What if my partner and I separated before 1 March 2009?

• What if my partner and I separated after 1 March 2009?

• What is parental responsibility?

• Am I entitled to have my child live with me half the time?

• What if my spouse and I want to formalise an agreement we have in relation to the care of our children?

• What if my spouse and I can not reach an agreement in relation to caring for our children?

• What if my spouse is not willing to attend mediation to discuss the arrangements for our children?

• When can I make an Application to the Court for Parenting Orders?

• What is a Family Report?

• Will my child’s views be taken into account when the Court decides who they should live with?

• What is an Independent Children’s Lawyer?

• How do I apply for Child Support?

• What is a contact centre?

• What happens to my children if I die?

• What is an intervention order?

Warning

This list of questions and answers is provided to assist Vendors and Purchasers to identify issues which may affect them in the purchase and sale of land. These questions and answers do not constitute legal advice, and should not be relied upon. Septimus Jones & Lee strongly recommends that any person who is considering buying or selling land obtain legal advice that will deal with their specific situation and needs.