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南澳大利亚上调外国投资者印花税至7%，明年起实施

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南澳财长库桑托尼斯（Tom Koutsantonis）宣布，南澳州将对外国投资者征收的印花税附加费从4%升至7%，明年起实施。

其实，10月16日我们曾发布一篇《2018年1月1日起南澳州海外投资者买房另加4%印花税！》，就这么一个多月的时间，从4%急升至7%，而且还是按照房产交付日期来界定时间的（其他州都是以合同签订时间为界定时间点）也确实是任性了点。。。

对于那些在一年前或者更早就购买了南澳州房产的海外客户来说，莫名就要因为明年前房产还未能成功交付而多付出这合约价格的7%的印花税附加费。。。

澳大利亚其他州的印花税附加费目前为：新州8%，维州7%，昆州3%，西澳州4%

(English) Buying business in NSW

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In New South Wales, the process of buying a business involves a number of steps and each steps requires careful consideration to ensure that the ownership of the business is successfully transferred. In this article, we will explain the number of steps involved in the process of buying a business.

Determine the value of estate

If the value of the estate is less than $50,000, then it is classified as a small estate. If you are the executor of a small estate, chances are you may not need to apply for a Grant of Probate to access the deceased’s assets. In this event, you shall contact the deceased’s bank or other financial institution to find out whether they require a Grant a Probate to release fund.
If you believe you do not need to apply for a Grant of Probate, before you proceed to distribute the deceased’s asset, you shall contact a solicitor or the Supreme Court Registry Probate Division on (02) 9230 8111 to confirm this.

Exchange of contract

The vendor (or the vendor’s lawyer) will provide you with a formal Contract of Sale. In New South Wales, usually a Standard Contract for the Sale of Business is used for the purchase of business. This contract contains extensive clauses that cover all legal requirement under Australian Law. However, depending on the special nature of different business, the contract may include special conditions in addition to the Standard Contract for Sale of Business.
At this stage, you may negotiate with the vendor if there is terms or conditions in the contract that you do not agree with. After all the negotiations and the contract terms have been settled, you and the vendor may proceed to the signing and the exchange of contracts. At the time of contract exchange, the vendor will usually require you to pay deposit (normally 10% of the agreed purchase price).

Pre-settlement

During this stage, you will be required to fulfil a range of obligations outlined in your contract of sale. These may include the obligations in the standard condition as well as those contained in the special condition. Some usually obligations are as follows:

  • Obtain finance (if required) to complete the purchase;
  • Getting the lessor’s consent to transfer the lease from the vendor to you; and
  • Procure the transfer the transfer of any other license, agreement if provided by the contract of sale.

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Settlement

At settlement you will be required pay the balance of the purchase price to the vendor and in exchange the vendor will pass you the ownership of the business. Upon settlement, you may also receive a range of document which pass the ownership rights to you such as the share transfer or share certificate (if the purchase is by way of share transfer).

Post settlement

After settlement of the purchase of business, you must take all necessary steps to ensure that any all license or agreement (if they are to be takeover from the vendor) has been appropriately transferred.

You will also be liable for the stamp duty and it shall be paid within 3 months from the date of exchange contract.

(English) Application for a Grant of Probate

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In NSW, if you are named as the executor in someone’s will, before you can start dealing with the deceased’s assets, you may need to apply for a Grant of Probate. In this article, we will explain the number of steps which will involve in the application for a Grant of Probate.

Determine the value of estate

If the value of the estate is less than $50,000, then it is classified as a small estate. If you are the executor of a small estate, chances are you may not need to apply for a Grant of Probate to access the deceased’s assets. In this event, you shall contact the deceased’s bank or other financial institution to find out whether they require a Grant a Probate to release fund.
If you believe you do not need to apply for a Grant of Probate, before you proceed to distribute the deceased’s asset, you shall contact a solicitor or the Supreme Court Registry Probate Division on (02) 9230 8111 to confirm this.

Grant of Probate

To make an application for a Grant of Probate, you must ensure that you are named as the executor in the Will and only if the original will is available and we set out below the number of steps involved in an application for a Grant of Probate:

  • Place a notice in a newspaper in the local area where the deceased lived or a Sydney daily newspaper if there is no local newspaper. This notice is called a Notice of Intended Application for Probate (or Form 9).
  • The purpose of this notice is to inform any person who has claims over the estate (eg, a person to whom the deceased owed money) to come forward and notify you so that they can be included in the probate application. Once the notice is published, you have to wait 14 days before to file the application for a Grant of Probate.
  • You must know the complete financial details of the estate. To do this, we suggest that you send letters to the deceased’s bank and other financial institution (including superannuation funds) of the deceased and inform them that the person has passed away. In your letter, you must include a certified copy of the death certificate, a certified copy of your identification and the Will.
  • The financial institution may inform you the funds available or if there is any amount owing, the debt that is required to be paid back. If there is any debt that needs to be paid immediately, you may ask the financial institution if it is willing to wait the debt or if not if it can be paid out of the estate (after probate is granted).
  • 14 days after the Notice of Intended Application was published in the newspaper you can apply for a Grant of Probate. To complete your application you must file the original plus two copies of the following:
    • Summons for Probate (Form 111 UCPR);
    • Draft grant (Form 112 UCPR)
    • Affidavit of executor (Form 97 SCR).
      In the affidavit, you must attach the following documents:
      • The original will;
      • The original Death Certificate;
      • The tear sheet (or clipping) from the newspaper of the Notice of Intended Application;
      • Inventory of assets (Form 96 SCR);
      • Certified copy of the executor’s driver licence or other form of identification; and
      • If the primary or joint executor is not willing or not able to act, a Form 94 SCR – renunciation of executor.
    • A stamped self-addressed envelope; and
    • Payment of the relevant court fee. (you may check the appropriate filing fee from the supreme court website). The fee can be paid by bank cheque, money order or credit/debit card in person).
  • If all your documents are in order, the grant will be made and be returned in the stamped self-addressed envelope that you provided. It usually take around 5 working days if the grant can be made. However, if the court finds any problems with the application and require any changes or further documentations, the court will send you a Probate Requisition Sheet that sets out the deficiencies. You will need to comply with the requisition before the court can make a decision to grant the probate.

澳大利亚的离婚程序

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在澳大利亚离婚不是一个简单的过程。在这篇文章中，我们将向您详细介绍离婚的各个步骤

澳洲法院的管辖权：

在澳大利亚（除西澳以外），您必须澳大利亚家庭法庭申请办理离婚。在此之前，您必须确认澳大利亚家庭法庭对您的婚姻有管辖权。简单来说，您必须向法院证明您或您的配偶：

  • 打算长期在澳洲居住；或
  • 是澳洲公民或拥有永居签证；或
  • 在申请离婚前连续在澳洲居住12个月。

需要注意的是无论您是在那里结婚，只要您的婚姻是合法的，并且满足了以上管辖权的相关条件，您都可以在澳洲申请离婚。

分居：

在申请离婚前，您和您的配偶必须已经分居超过12个月，不然法院无法受理您的离婚申请。

如果您和您的配偶是在同一屋檐下分居，法院通常会需要您提供更多的证据，来证明您和您配偶分居的真实度。如果您是这种情况，我们建议您在申请之前先寻求专业的法律意见。

如果在您递交离婚申请是，您的婚姻少于2年，法院会要求您和您的配偶接受心理辅导，并有辅导员给您提供相关证书。

递交申请：

您可以单独提出申请或和您的配偶一起提出。无论是哪种情况，您都需要填写法院的离婚申请表（请点击以下链接下载）。在您完成离婚申请表之后，您需要在一个合格的证人，比如太平绅士，医生或律师前签署离婚申请表。

一旦您完成了离婚申请表，您需要在澳大利亚家庭法庭递交您的申请，并支付相关的申请费。

送达离婚申请：

如果您是由自己提出离婚申请，在您的申请被法院受理之后，您需要将您的离婚申请送达至您的配偶。具体送达程序您可以参照法院提供的Divorce Service Kit（请点击此链接下载）。如果您对送达程序有任何疑问的话，我们建议您寻求专业的法律意见。

离婚开庭：

一旦您的离婚申请提交后，您将会获得一个开庭的日期。具体日期您可以在离婚申请表的首页找到。

在以下两种情况下您必须参加开庭：

  • 离婚申请是由您单方提出；
  • 或您和您的配偶的子女未满18岁。

除以上两种情况外，您可以选择不参加离婚开庭。

在开庭当日：

您必须在开庭之前到达法院。当您到达时，请告知法院工作人员您的名字，这样他们可以确认您会参加开庭。随后您可以坐在法庭里，等待您的离婚案开庭。

在开庭过程中，法官可能会根据您在离婚申请中提供的信息问您一些问题。如果您有18岁以下子女的话法官可能也会想您了解您和您的配偶就子女的抚养是否有妥善安排。

开庭结果：

如果法官确认您和您的配有已经分居超过12个月，同时您也满足了文件送达的相关条件，法官会当庭宣判您离婚。

法庭的判决将会在开庭1个月零1天之后生效，随后法院将会将正式的离婚证书寄至您和您的配处。