News & Analysis as of

Australia Real Estate Transactions

K&L Gates LLP

Contaminated Land in Western Australia: A Timely Reminder That Leases Must Comprehensively Address Land Contamination

K&L Gates LLP on

A Protracted History - In April 2025, Justice Musikanth of the WA Supreme Court delivered his judgment in Henderson v Contaminated Sites Committee [2025] WASC 123 (Henderson)....more

K&L Gates LLP

Victorian Government to Extend the Temporary Off-the-Plan Duty Concession

K&L Gates LLP on

As part of the 2025–2026 Victorian State Budget announced on 20 May 2025, the Victorian government has confirmed that it intends to extend the availability of an expanded off-the-plan stamp duty concession for a further...more

K&L Gates LLP

The Rules That Apply to Foreign Persons Purchasing Established Homes in Australia are Going to Change on 1 April 2025...So, You...

K&L Gates LLP on

The Hon. Jim Chalmers MP, Federal Treasurer and the Hon. Clare O'Neil MP, Minister for Housing, Minister for Homelessness issued a joint media release on 16 February 2025 titled "Albanese Government clamping down on foreign...more

K&L Gates LLP

We Need to Keep a Real Estate Purchase in Australia Confidential. Can This Be Done?

K&L Gates LLP on

Ours is an age of identity fraud, data breaches, public registers, and political and media interest in the ownership of Australian real estate.  Take a moment to consider the real estate-related data that can be readily...more

International Lawyers Network

Buying and Selling Real Estate in Australia (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER AUSTRALIAN LAW - INTRODUCTION - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens...more

K&L Gates LLP

Guarding Against Fraud and Loss–What You Need to Know When Taking Security by Way of a Bank Guarantee

K&L Gates LLP on

Bank guarantees (BGs) are a very old invention yet remain one of the most common forms of security that are provided in respect of leasing and other property transactions. Despite their prevalence, there are a number of risks...more

International Lawyers Network

Buying and Selling Real Estate in Australia (Updated)

Key Facts of Real Estate Acquisitions Under Australian Law - INTRODUCTION - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens ...more

International Lawyers Network

Buying and Selling Real Estate in Australia (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER AUSTRALIAN LAW - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens system. The Torrens system...more

Wiley Rein LLP

CFIUS Finalizes Rule on “Excepted Foreign State” Definition and Announces Determinations Related to Australia, Canada, and New...

Wiley Rein LLP on

The U.S. Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS or the Committee), recently announced several actions pertaining to its mandate under the Foreign...more

International Lawyers Network

Buying and Selling Real Estate in Australia (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER AUSTRALIAN LAW - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens system. The Torrens system...more

International Lawyers Network

Buying and Selling Real Estate in Australia

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER AUSTRALIAN LAW - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens system. The Torrens system...more

Sheppard Mullin Richter & Hampton LLP

From CFIUS, With Love: The FIRRMA Regulations

The most pressing question around the new FIRRMA regulations is “Will my transaction be covered?” To provide a bit of guidance on that point, we present an illustration from our upcoming Second Edition of The CFIUS Book due...more

Latham & Watkins LLP

Final CFIUS Regulations Implementing FIRRMA Take Effect in February 2020: 10 Key Questions Answered

Latham & Watkins LLP on

Under the final regulations, CFIUS filings for certain transactions will be required, and CFIUS will have broader jurisdiction to review certain foreign investments. On January 13, 2020, the US Treasury Department published...more

Jones Day

Australia Raises Capital Gains Withholding Rate for Foreign Residents in Real Estate Transactions

Jones Day on

The Australian Commonwealth Government first introduced foreign resident capital gains withholding payments in July 2016 at a rate of 10 percent, in response to issues in collecting tax from foreign resident sellers and...more

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