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VIC – State Revenue Office

In 2017 the State Revenue Office introduced Duties Online where the old Duties Forms previously lodged in paper format were replaced with online Smartform technology.  Since the introduction of the Duties Online Smartform, numerous other forms have been replaced with this new functionality.  We have done a review of the State Revenue Office forms in LEAP and have removed the following forms that are no longer available on the SRO website to accord with the SRO’s requirements –

  • Deceased Estate – Commencement of administration (LL-VIC-SRO-412)
  • Deceased Estate – Completion of administration (LL-VIC-SRO-413)
  • Goods statement for residential land (LL-VIC-SRO-006)
  • Goods statutory declaration (LL-VIC-SRO-007)
  • Land use entitlement acquisition statement (LL-VIC-SRO-428)
  • Notice of acquisition of an interest in land (LL-VIC-SRO-011)
  • Notice of acquisition of an interest in land – Estate matters only (LL-VIC-SRO-349)
  • Notice of acquisition of an interest in land – Family Law only (LL-VIC-SRO-314)
  • Notice of disposition of an interest in land (LL-VIC-SRO-335)
  • Notice of disposition of an interest in land – Estate Matters only (LL-VIC-SRO-350)
  • Notice of trust acquisition of an interest in land (LL-VIC-SRO-012)
  • Principal place of residence (PPR) concession and eligible first home buyer duty reduction declaration (LL-VIC-SRO-400)
  • Purchaser Statement (LL-VIC-SRO-437)
  • Real Property value statutory declaration (LL-VIC-SRO-017)
  • Section 80 – Land Rich Acquisition (LL-VIC-SRO-315)
  • Section 83 – Landholder Acquisition Statement (LL-VIC-SRO-365)
  • Statement on change of beneficial ownership of dutiable property (LL-VIC-SRO-020)
  • Transactions treated as sub-sales of land – statutory declaration (LL-VIC-SRO-022)
  • Transfer between spouses domestic partners – Family Law only (LL-VIC-SRO-402)

The forms now available in LEAP have also been reviewed and updated where required.  Please see Forms Blog entry from April 2018 for further information regarding these forms.

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VIC – Water Share Registry

The Water Share Registry forms have been reviewed and the following forms have had minor changes –

  • Annexure Page LL-VIC-WR-189
  • Application by Legal Personal Representative in Respect of a Water Share LL-VIC-WR-190
  • Application by Surviving Owner of a Water Share LL-VIC-WR-191
  • Discharge of Mortgage of Water Share LL-VIC-WR-193
  • Mortgage of Water Share – All Monies LL-VIC-WR-194
  • Mortgage of Water Share – Principal sum LL-VIC-WR-195
  • Statutory Declaration Clarifying and Confirming Ownership of Water Shares LL-VIC-WR-196
  • Surrender of Limited Term Transfer of Water Share LL-VIC-WR-197
  • Transfer of Recorded Mortgage of Water Share LL-VIC-WR-198
  • Transfer of Water Share by Mortgagee LL-VIC-WR-199
  • Transmission Application by Trustee in Bankruptcy in respect of a Water Share LL-VIC-WR-200
  • Variation of Priority of Recorded Mortgages of Water Share LL-VIC-WR-201
  • Variation of Recorded Mortgage of Water Share LL-VIC-WR-202

The following form has been deleted as it is no longer available on the Water Registry website –

  • Application to Confirm Ownership of a Water Share LL-VIC-WR-192

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VIC – Land Use Victoria – NEW Transfer of Land

There are now new requirements for creating restrictive covenants in transfers and restrictions in plans which come into effect on 1 July 2018.  More information can be obtained from Land Use Victoria’s Customer Information Bulletin 175, issued in April 2018.

LEAP now has now received approval from Land Use Victoria to distribute the updated Transfer of Land (LL-VIC-LTO‑425) and this form has now been released to our clients.

Due to the changes in the new Transfer, additions to the Title Particulars layout have also been incorporated with the release of this form.  These changes will allow clients to enter the information required when a covenant is to be included in the Transfer.  If no information is entered on this layout, then the word ‘NONE’ will display in the Covenant section of the Transfer.

The changes to the layout include a new tab entitled ‘Restrictive Covenant Details’ (see example) and provides an explanation of what is required to be entered for a covenant to display in the Transfer of Land.

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VIC – Land Use Victoria

This is a reminder to ensure firms are utilising the latest versions of the Land Use Victoria forms within LEAP, as these forms have recently been updated as per the requirements of Land Use Victoria, as of 9 March 2018.

Submitting forms completed prior to the above date may result in the forms being rejected by Land Use Victoria.

For information on the Land Use Victoria forms available in LEAP please visit the entry on the Forms Blog dated 9 March 2018.

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VIC – Land Use Victoria – changes to Transfer of land forms

Land Use Victoria have advised that new requirements for creating restrictive covenants in transfers and restrictions in plans which comes into effect on 1 July 2018.

Customer Information Bulletin 177 states –

“In the Registrar’s Requirements for Paper Conveyancing Transactions Version 4, requirement 12.2 provides that:

The details of any restrictive covenant to be created in a transfer:

(a)  for which any contract of sale is signed on or after 1 July 2018; or

(b)  when there is no contract of sale, the transfer is signed on or after 1 July 2018;

must be contained in a Memorandum of Common Provisions (MCP) or MCPs and referred to in the transfer by the MCP number(s).”

We are currently working on the changes relevant to the Transfer of Land document.

For further information about restrictions in plans, please see Customer Information Bulletin (No. 175) at Land Use Victoria.

 

 

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VIC – State Revenue Office – updated Duties Forms

The State Revenue office has updated some of their Duties Forms – these forms have specific uses and are not to replace the Duties Online forms.

  • Application for First Home Owner Grant (LL-VIC-SRO-410)
  • Eligible first home buyers duty reduction/exemption or concession declaration (LL-VIC-SRO-409)
  • Family farm exemption statutory declaration (LL-VIC-SRO-025)
  • First home owner exemption/concession declaration (LL-VIC-SRO-398)
  • Off-the-plan sales statutory declaration (LL-VIC-SRO-297)
  • Pensioner exemption/concession declaration (LL-VIC-SRO-399)
  • Primary production and water entitlements (for all land types) statutory declaration (LL-VIC-SRO-015)
  • Principal place of residence (PPR) concession and eligible first home buyer duty reduction declaration (LL-VIC-SRO-408)
  • Young farmers exemption/concession claim form (LL-VIC-SRO-348)

Below is important information taken directly from the State Revenue Office website regarding these forms and their use – [Read more…]

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VIC – Children’s Court of Victoria

A review has been completed for the Children’s Court of Victoria.  The following forms have been modified either with wording or formatting changes –

  • Affidavit of service – Form 21 (LL-VIC-CHC-001 )
  • Application for Leave of the Court to make Application to Vary or Revoke a Permanent Care Order – Form 33a (LL-VIC-CHC-021)
  • Application for review of Registrar’s Order (CAYPINS) (LL-VIC-CHC-003)
  • Application to Revoke a Care by Secretary Order Form 29 (LL_VIC-CHC-006)
  • Application to Revoke a Long-Term Care Order – Form 30 (LL-VIC-CHC-025)
  • Application to Vary an Interim Accommodation Order for a New Order – Form 15 (LL-VIC-CHC-007)
  • Application to Vary an Interim Accommodation Order or for a New Order under Section 262(1)(c) – Form 15A (LL-VIC-CHC-020)
  • Application to Vary or Revoke a Family Preservation Order or a Family Reunification Order – Form 28 (LL-VIC-CHC-022)
  • Application to Revoke a Permanent Care Order – Form 33 (LL-VIC-CHC-008)
  • Application to Vary or Revoke a Temporary Assessment Order made without Notice – Form 3 (LL-VIC-CHC-024)
  • Application to Vary or Revoke a Therapeutic Treatment Order or Therapeutic Treatment – Form 8 (LL-VIC-CHC-023)
  • Application to Vary or Revoke an Undertaking – Form 19 (LL-VIC-CHC-026)
  • Information exchange document for lawyers (LL-VIC-CHC-018)
  • Irreconcilable Differences Application – Form 11 (LL-VIC-CHC-012)
  • Notice of Appeal and Undertaking to Prosecute – Form 2-2D (LL-VIC-CHC-013)
  • Statutory Declaration (LL-VIC-CHC-015)
  • Witness Summons – Form 41 (LL-VIC-CHC-017)

A new form has been added entitled ‘Information exchange document for best interests lawyers appointed under s524(4)‘ (LL-VIC-CHC-028)

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VIC – VCGLR – Liquor Licensing Forms

A complete review has been undertaken of ALL Liquor Licensing forms from the Victorian Commission for Gambling & Liquor Regulation.

The following forms have been updated either with wording or formatting changes –

  • Amalgamated club licence (LL-VIC-CAV-0041)
  • Application to the commission for Internal review (LL-VIC-CAV-0059)
  • BYO permit (LL-VIC-CAV-0021)
  • BYO permit for a party bus (LL-VIC-CAV-0053)
  • Club licence – schedule 1 (LL-VIC-CAV-0049)
  • Consent form (LL-VIC-CAV-0050)
  • Declaration – right to occupy (LL-VIC-CAV-0055)
  • Declaration of associates (LL-VIC-CAV-0054)
  • Endorsement of a name on a licence or permit (LL-VIC-CAV-0035)
  • Exemption from the responsible service of alcohol training requirements form (LL-VIC-CAV-0056)
  • Exemptions to mandatory water requirements application form (LL-VIC-CAV-0057)
  • Fast track low risk underage events (LL-VIC-CAV-0058)
  • Full club licence (LL-VIC-CAV-0025)

[Read more…]

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Vic – Advanced Care Directive Forms

In accordance with the Medical Treatment Planning and Decisions Act 2016  which came into effect on 12 March 2018, we have added the following forms to LEAP –

  • Advance care directive for adults (LL-VIC-WPA-059)
  • Appointment of medical treatment decision maker (LL-VIC-WPA-060)
  • Appointment of medical treatment decision maker – long format (LL-VIC-WPA-065)
  • Appointment of support person (LL-VIC-WPA-061)

We have also included the following checklists for these advance care planning forms –

  • Checklist of steps for appointing your medical treatment decision maker (LL-VIC-WPA-062)
  • Checklist of steps for appointing your support person (medical treatment) (LL-VIC-WPA-063)
  • Instructions for completing the Advance care directive for adults form (LL-VIC-WPA-064)

As a result of these changes, new Cards have been added to the 3 Matter types contained under the category of “Wills, Power of Attorney & Guardianship”.  These new Cards will allow for easy insertion of this information into the new forms.  The new Cards are –

Matter Type = Wills – Two people appointing each other

  • Medical Decision Maker;
  • Client 2 Medical Dec Maker;
  • Support Person; and
  • Client 2 Support Person

Matter Types = Power of Attorney and Will – One person

  • Medical Decision Maker; and
  • Support Person

The following forms have been deleted as these new forms supersede those below –

  • Enduring Power of Attorney (Medical) (LL-VIC-WPA-044)
  • Revocation of enduring power of attorney (medical treatment) (LL-VIC-WPA-045)
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