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We work collaboratively with our clients to build strong, sustainable relationships. Our team is committed to delivering consistent high standards of service, and we understand the importance of accessibility. Working with us, you'll enjoy open communication, meaning well scoped, properly resourced and effectively managed matters.

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Latest Case

Providing strategic advice on expansion structures November 16, 2018

Founded in Bondi Beach in 2012, Bailey Nelson has rapidly grown into a global eyewear retailer and service provider with boutiques in Australia, London, Canada and New Zealand. The strong demand for their products and … Continued

Latest News

Winner of William Ah Ket Scholarship 2019 announced October 9, 2019

Wednesday 9 October 2019 A Victorian lawyer has been named this year’s winner of the William Ah Ket Scholarship. Tienyi Long, a legal and governance officer at Glen Eira City Council in Melbourne, was awarded … Continued

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Final changes to the ASX Listing Rules announced October 15, 2019

On 10 October 2019 the Australian Securities Exchange (ASX) released its response to feedback received on its consultation paper ‘Simplifying, clarifying and enhancing the integrity and efficiency of the ASX listing rules’, together with the … Continued

Refreshing. Government takes a ‘common sense’ approach for Foreign Purchasers

In October 2016, it was reported that the Australian Taxation Office (on behalf of the Foreign Investment Review Board (FIRB)) took the view that if an off-the-plan contract did not settle and was rescinded, the dwelling sold under that contract would be considered an established dwelling for the purposes of the foreign investment rules. The consequence would be that the FIRB rules would prohibit such a dwelling from being ‘re-sold’ to a foreign buyer.

The Government’s position has now changed, with Treasurer The Hon. Scott Morrison MP announcing on 26 November 2016 that in this scenario, the dwelling will still be treated as a new dwelling for FIRB purposes, for which a foreign buyer will be able to obtain FIRB approval.

The Treasurer’s announcement notes it is ‘common sense’ that an apartment or house that has just been built or is still under construction and for which the title has never changed hands is not considered an established dwelling for the purposes of the foreign investment rules.

If a New Dwelling Exemption Certificate (or Advanced Off The Plan Certificate) has been obtained by the developer, this can still be relied upon by the foreign buyer when the dwelling is re-sold.

It is important to note, however, there are a number of strategies to consider when managing purchasers who are facing challenges to settle. Rescission is not the only option. We encourage you to speak to us to help you navigate this challenging landscape and achieve the best outcome.

To view the Treasurer’s media release click here.

If you have any queries or would like to discuss, please contact a member of the Maddocks Development team.

 

In October 2016, it was reported that the Australian Taxation Office (on behalf of the Foreign Investment Review Board (FIRB)) took the view that if an off-the-plan contract did not settle and was rescinded, the dwelling sold under that contract would be considered an established dwelling for the purposes of the foreign investment rules. The consequence would be that the FIRB rules would prohibit such a dwelling from being ‘re-sold’ to a foreign buyer.

The Government’s position has now changed, with Treasurer The Hon. Scott Morrison MP announcing on 26 November 2016 that in this scenario, the dwelling will still be treated as a new dwelling for FIRB purposes, for which a foreign buyer will be able to obtain FIRB approval.

The Treasurer’s announcement notes it is ‘common sense’ that an apartment or house that has just been built or is still under construction and for which the title has never changed hands is not considered an established dwelling for the purposes of the foreign investment rules.

If a New Dwelling Exemption Certificate (or Advanced Off The Plan Certificate) has been obtained by the developer, this can still be relied upon by the foreign buyer when the dwelling is re-sold.

It is important to note, however, there are a number of strategies to consider when managing purchasers who are facing challenges to settle. Rescission is not the only option. We encourage you to speak to us to help you navigate this challenging landscape and achieve the best outcome.

To view the Treasurer’s media release click here.

If you have any queries or would like to discuss, please contact a member of the Maddocks Development team.