The By Lawyers Bankruptcy of Individuals guide has been updated with 8 new precedents and 5 enhanced precedents to support practitioners at every stage of a matter including:

• initial advice to both creditor and debtor clients;
• advice on bankruptcy notices;
• setting bankruptcy notices aside;
• advice on creditor’s petitions;
• setting creditor’s petitions aside;
• lodging a proof of debt with the trustee in bankruptcy;
• and letters to the client reporting on the matter.

The new precedents are:

• Letter to debtor client explaining options on receiving bankruptcy notice;
• Clause – Affidavit in support – Set aside a bankruptcy notice or extend time to comply;
• Letter to debtor client explaining options on being served with a creditor’s petition;
• Clause – Affidavit in support – Notice stating grounds of opposition to creditor’s petition;
• Letter to debtor client explaining the debtor’s petition and completing the statement of affairs;
• Letter to creditor client reporting the making of the sequestration order;
• Letter to trustee lodging proof of debt; and
• Letter to creditor client finalising the matter.

The enhanced precedents are:

• Initial letter to creditor client with costs agreement – Bankruptcy;
• Initial letter to debtor client with explanation of bankruptcy options;
• Summary of consequences of bankruptcy;
• Information sheet – Debt agreement – Part IX; and
• Information sheet – Personal insolvency agreements – Part X.

Together, these precedents equip practitioners to advise both creditor and debtor clients on their options in bankruptcy matters. Instead of drafting each document from scratch, practitioners can draw on materials prepared and maintained by experienced legal professionals, minimising the risk of errors or omissions.

Using up-to-date precedents removes the burden of verifying whether a document reflects the latest legislative requirements and practice. This gives law firms confidence that the advice in the Bankruptcy of Individuals guide is accurate and ready to use.

The Federal Circuit and Family Court of Australia has established a National Enforcement List. It commenced in the Court’s family law jurisdiction on 21 September 2026.

National Enforcement List

Applications for enforcement of orders in financial or property only matters under ss 105 or 109A of the Family Law Act 1975 or Part 11.1 of the Family Law Rules 2021 are filed in the National Enforcement List.

The list operates nationally and is conducted electronically.

Objectives

The FCFCOA’s objectives for the National Enforcement List are to:

• enforce compliance with orders and deter non-compliance;
• resolve difficulties with financial or property orders which have contributed to non-compliance; and
• efficiently deal with applications for enforcement on a national basis in a timely, cost-effective, and safe way for all litigants.

The practice direction states the court’s expectation that parties comply with court orders. In the event of non-compliance, swift enforcement action will be taken on the filing of an application, and the court may impose appropriate costs orders on respondents.

Legal practitioners appearing in the National Enforcement List may be subject to personal costs orders if the application or defence of the application is determined to be frivolous or without merit, or where non-compliance with the Family Law Rules 2021 is demonstrated.

Family Law Practice Direction

The court’s Family Law Practice Direction: National Enforcement List (FAM-ENFORCEMENT) applies to any application filed in the list. It is administered by the National Enforcement List registrars.

It does not apply to contravention or contempt applications.

The Practice Direction must be read together with the:

• Family Law Act 1975;
• Family Law Rules 2021; and
• Central Practice Direction: Family Law Case Management.

From 21 September 2026, enforcement applications and enforcement requests must be filed by email to enforcementlist@fcfcoa.gov.au, together with any required supporting documents.

The By Lawyers Family Law Property Settlement guide has been updated to include the new requirements.

The By Lawyers Company Liquidation guide now includes 5 new precedents to streamline administration and liquidation matters, covering notices to convene meetings of creditors and members, consent to act as a liquidator, and special resolutions to wind up the company and appoint a liquidator.

The new precedents are:

• Consent to Act as Liquidator – Voluntary Winding Up;
• Notice of Meeting of Creditors – First Creditors’ Meeting;
• Notice of Meeting of Creditors – Second Creditors’ Meeting;
• Notice of Meeting for Voluntary Winding Up and Appointing Liquidator;
• Special Resolution to Wind Up Company Voluntarily and Appoint a Liquidator.

These new precedents reflect By Lawyers ongoing commitment to giving practitioners the practical tools they need to serve their clients efficiently.

From 1 October 2026, the Treasury Laws Amendment (Strengthening Accountability for Tax Adviser Misconduct and Other Measures) Act 2026 (Cth) broadens the meaning of taxable Australian real property for the foreign resident capital gains tax rules, including a new definition of real property and the addition of water rights.

The By Lawyers conveyancing and property publications have been updated to explain when foreign resident capital gains withholding under Subdivision 14-D of Schedule 1 of the Taxation Administration Act 1953 (Cth) applies to transactions beyond a conventional transfer of land.

Practitioners acting in options, assignments, nominations, lease and licence assignments, and the sale of water entitlements must ensure that a clearance certificate is obtained or withholding is attended to at settlement.

Transactions subject to withholding

The withholding provisions apply to the acquisition of taxable Australian real property. This includes any interest in or right over land, a licence or contractual right over land, and things fixed or installed on land. It also expressly includes water entitlements and options or rights to acquire taxable Australian real property.

A clearance certificate is accordingly required, or withholding must be attended to, for:

• the grant or assignment of a put or call option;
• an assignment of the purchaser’s rights under an uncompleted contract, including an off the plan contract, and a nomination for valuable consideration;
• an assignment of a lease, licence, or other contractual right to occupy land, including a company title interest, a retirement village lease or licence, and a site agreement in a residential land lease community; and
• a sale of a water entitlement, whether or not it is sold with land.

Fixtures and inclusions

Fixtures such as solar panels and air conditioning form part of the real property for withholding purposes, even if the contract lists them as inclusions. Attributing part of the price to those items does not reduce the amount subject to withholding.

Updated commentary and precedent

A Transactions subject to withholding section has been added to the commentaries in the following guides in all states and territories:

• Sale of Real Property;
• Purchase of Real Property;
• 1001 Conveyancing Answers;
• Retirement Villages; and
• Leases.

The Letter to client regarding foreign resident capital gains withholding payment precedent has also been updated.

The latest tranche of NSW workers compensation amendments commenced on 1 October 2026.

They include a new test for payment of medical and related treatment expenses, and a new commutation process.

Reasonable and necessary test for treatment

The test for compensation of medical and related treatment expenses, and for domestic assistance, under the Workers Compensation Act 1987 changes from 'reasonably necessary' to 'reasonable and necessary'.

Treatment must primarily treat the compensable injury, be clinically justified, and represent value for money.

Some treatments and services are expressly excluded from employer liability, including certain alternative therapies, wellness services, unprescribed massage, and some general health or recreational activities unless prescribed by a medical practitioner.

The new test applies to claims for medical and related expenses made on or after 1 October 2026. It does not apply to existing claims.

Commutations

The reforms allow more workers to commute their compensation into a single lump sum where the eligibility requirements are met. The President of the Personal Injury Commission now approves commutation agreements. SIRA no longer certifies them. An agreement has no effect until it is approved.

There are two pathways:

• Section 87EA(1) – for workers with at least 15% permanent impairment who are still receiving weekly payments and meet other conditions. There is no time limit.
• Section 87EA(2) – a temporary pathway for workers injured after 30 June 1987 and before 1 January 2023, or before 1 October 2026 for hearing loss. An expression of interest must be given by 31 March 2028, and the application must be made by 31 March 2029.

The worker must receive independent legal advice, and financial advice, if the lump sum is over $100,000. Medical expenses cannot be commuted for a catastrophic injury.

Once approved, the worker has no further entitlement to compensation for that injury.

Applications are submitted through the Pathway Portal in the approved form, and all applications are decided on the papers unless they are incomplete or do not comply with the preconditions. In that case, there may be directions or a preliminary conference.

The Personal Injury Commission’s new Procedural Direction WC8 – Commutations commences on 1 October 2026.

Legislation

The reasonable and necessary provision is in the new Part 4A, and the commutation provisions are the new Part 9A, of the Workers Compensation Regulation 2016 (NSW), both of which are inserted by the Workers Compensation Legislation Amendment Regulation 2026.

Publication updates

The By Lawyers Workers Compensation (NSW) guide is being updated accordingly.

The By Lawyers Probate (NSW) and Letters of Administration (NSW) guides have been reviewed and substantially enhanced, with extensive new commentary and over 150 precedents added throughout the matter plan.

New and enhanced sections of commentary include:

• Taking instructions in probate and letters of administration matters;
• Costs disclosure;
• Remains and funeral arrangements;
• When a grant is required;
• Executors’ and Administrators’ duties;
• Challenging the validity of a will;
• Filing and processing the application – including Filing an online application, Forms generated by the online application process, and Affidavit of delay;
• Removal and replacement of an executor or administrator – covering The court's powers, Grounds, Who can apply, Making the application, Evidence in support, Orders sought, and Costs;
• Dealing with all types of assets, including Transfers of real property;
• Timing of distribution;
• Distribution on intestacy, including the Spouse's preferential right to acquire property from the estate;
• Commission applications; and
• Passing the estate accounts.

The commentary has also been reorganised so that it better follows the modern practical sequence of an administration matter, with folders renamed and reordered, the commentary on estate taxes and duty relocated to the discussion of dealing with assets, and links to the court forms and the NSW Online Registry checked and updated.

New and amended precedents include letters to beneficiaries and asset holders, and a detailed library of affidavit clauses.

The matter plan reflects these enhancements, and has been re-ordered and streamlined to ensure optimal workflow.

This review forms part of the ongoing review of all of our wills and estates content across all jurisdictions. See our previous News & Updates posts for more information.

New ss 79H to 79J of the Transport Operations (Road Use Management) Act 1995 allow low-range drink driving to be dealt with by infringement notice rather than in court, where the driver is eligible. Eligibility depends on the driver having no drink driving offence in the previous 5 years, holding an appropriate Queensland driver licence, and the offence not having involved a commercial or public passenger vehicle.

An eligible driver who does not elect to go to court is automatically disqualified from holding or obtaining a Queensland driver licence for 2 months, beginning 28 clear days after the date of the notice, and is taken to have been convicted of the offence. The disqualification does not start, or ends immediately, if the driver elects to have the matter decided in a Magistrates Court, or if the notice is withdrawn or cancelled.

Advising on whether to pay the notice or elect to go to court is now the critical decision point for lawyers advising clients in these matters. The deemed conviction counts for penalty, alcohol ignition interlock, and licensing purposes, and driving while subject to an administrative disqualification attracts the same mandatory 2–5 year disqualification as driving while disqualified by court order.

See the By Lawyers Traffic Offences (QLD) guide for the detail, including the eligibility requirements and practical considerations when advising clients on an election.

These provisions were introduced by the Queensland Community Safety Act 2024 with effect from 31 August 2026.

The Stamp Duties (Residential Purposes and Residential Land) Amendment Act 2026 came into operation on 15 September 2026. It changes when land is treated as being used for residential purposes, with consequences for duty, the foreign ownership surcharge, and landholder acquisitions.

The amendments operate both prospectively and retrospectively in relation to vacant land. Duty paid before the commencement day is taken to have been validly paid and is not refundable, and past assessments are not reopened.

Key changes

Vacant land in a residential zone is now dutiable

Qualifying land, being land used for a purpose other than residential purposes or primary production, is not subject to duty. The amendments move the definition of qualifying land into s 2(1) of the Stamp Duties Act 1923 and add a new test.

Land that is vacant, or vacant with only minor improvements, is taken to be used for residential purposes if it is within a zone or subzone under the Planning and Design Code that allows the land to be used for a residence or for other accommodation. Duty is therefore payable on the transfer of a vacant allotment in a residential zone.

Land used for purpose-built student accommodation, and land assigned hotel, motel, serviced apartment, short-term accommodation, or nursing home land use codes by the Valuer-General, is excluded.

Whether land is qualifying land is determined as at the date of the conveyance or transfer: s 105A.

Refund where the land is developed

A purchaser who acquires and pays duty on vacant land taken to be used for residential purposes and then develops it for a purpose that would make it qualifying land, may recover the duty. The Commissioner must refund the duty where the purchaser applies, the land is developed for a qualifying purpose within the prescribed period, and that purpose is the first new predominant purpose for which the land is developed: s 60D of the Stamp Duties Act 1923 and r 10C of the Stamp Duties Regulations 2013. The prescribed period is 3 years, or 5 years if the Commissioner so determines. A change in the use of land and the division of land is not considered development.

Exemption available before settlement

Alternatively, the purchaser may apply for an exemption at or before the time of the conveyance or transfer, supported by a declaration that the land will be developed for a qualifying purpose within the prescribed period: s 60E of the Stamp Duties Act 1923 and r 10D of the Regulations. The Commissioner may revoke the exemption, in which case duty is payable from the date of the conveyance or transfer and interest and penalty tax may apply.

Foreign ownership surcharge and landholder acquisitions

The same residential land test now applies to the 7% foreign ownership surcharge under s 72 and to acquisitions by a foreign person or group under s 102AB. A foreign purchaser acquiring a vacant allotment in a residential zone is liable for the surcharge.

What this means in practice

Practitioners acting on the purchase of vacant land should check the zoning under the Planning and Design Code before advising on duty and consider, where relevant, whether the s 60E exemption should be applied for before settlement rather than relying on a later refund under s 60D.

The By Lawyers Purchase of Real Property (SA) guide has been updated to reflect these amendments, including a new commentary section on duty on vacant land and revised commentary on the foreign ownership surcharge.

In Tasmania, certificates of title have been removed from the Land Titles Office land titling processes from 1 September 2026. A certificate of title is no longer required to be lodged with any land registry instrument or document lodged for registration. The register of land maintained by the Recorder of Titles under s 33 of the Land Titles Act 1980 remains the sole source of truth for estates and interests in land in Tasmania.

Production of a certificate of title ceases to be a step in the lodgement process, including the virtual production of titles through the Tasmanian Online Land Dealings (TOLD) system held by the Land Titles Office under Held on Behalf Of (HOBO) arrangements.

The security function previously achieved by production of a certificate of title is now performed by:

• verification of identity and right to deal requirements;
• client authorisation; and
• retention of evidence obligations.

A certificate of title still may be relevant as part-only evidence of a person's right to deal, alongside additional evidence, for a period after 1 September 2026.

Paper certificate of title held in safe custody remain a client’s personal property, which they may wish to keep for sentimental purposes. Practitioners may seek directions from clients as to whether they want a certificate of title returned or securely destroyed, and are advised to keep those directions on file.

The removal of certificates of title has no impact on general law title. General law deeds continue to have evidentiary value and should be retained.

The By Lawyers Conveyancing (TAS) publication has been updated to reflect the removal of certificates of title, including settlement and post-settlement precedents on the Sale of Real Property and Purchase of Real Property matter plans.

Significant changes are pending in Victorian conveyancing law and practice.

The omnibus Consumer Legislation Amendment Bill 2026 passed both houses of parliament on 26 August 2026.

Key aspects of the legislation affecting property law and conveyancing practice include:

• Part 9 of the Bill amends the Sale of Land Act 1962 in relation to section 32 statements and deposit money.
• Part 5 amends the Estate Agents Act 1980 in relation to property price statements and reserve prices.
• Part 3 amends the Conveyancers Act 2006 in relation to the suspension of licences.

Commencement

Commencement is as follows:

• amendments to the section 32 statement regime commence by proclamation, and no later than 1 June 2027;
• amendments dealing with the release of deposit money commence by proclamation, and no later than 1 July 2027;
• amendments to the Conveyancers Act 2006 and the licence suspension provisions of the Estate Agents Act 1980 commence on the day after assent; and
• general amendments to the Estate Agents Act 1980, including property price statements and reserve prices, commence on 1 October 2026.

Section 32 statement to be made available earlier

Section 32(1) currently requires a vendor to give a section 32 statement to a purchaser before the purchaser signs the contract. The Bill substitutes an obligation to make the statement available from the 'sale availability time'.

Make available is defined as making the statement available in electronic or hard copy format on the request of any prospective purchaser of land. The section 32 statement moves from a document given to the eventual purchaser to a document available to the market on request.

Sale availability time, as amended in the Legislative Council, means:

• for land publicly advertised for sale by auction or a fixed-date sale, the day that is 14 days before the first auction date or first fixed date;
• for land publicly advertised for sale in any other way, the day that is 14 days after the land is first publicly advertised for sale; and
• for land that is not publicly advertised, land to be sold within 14 days after it is first publicly advertised, or land to be sold on a day more than 14 days before a first auction date or first fixed date, before the purchaser signs the contract.

Fixed-date sale means a method of sale by which the vendor sets any date and time by which a prospective purchaser must make an offer to the estate agent or agent's representative.

A vendor is currently required to actively provide the s 32 statement to the purchaser. The amendments place the burden on the prospective purchaser, and their representative, to obtain the statement and read it. Where a statement is made available by link or online, it will need to be downloaded and reviewed before the contract is signed.

Written notice of changes to a section 32 statement

A vendor is required to give written notice to a purchaser of any changes to the statement made available under s 32(1) before the purchaser signs the contract. More updating may be required. Making the statement available at the start of a campaign rather than at the point of contract widens the period in which the disclosed position can change, for example, through a rates notice, an owners corporation certificate, or a planning certificate issued in the interim.

Rescission and offence provisions

Section 32K(3) currently allows a purchaser to rescind where the vendor fails to give a section 32 statement before the purchaser signs the contract. The ground for rescission now becomes a failure to make a section 32 statement available from the sale availability time. The offence in s 32L(c) is amended in the same terms.

Transitional period

Sections 30, 32, 32K and 32L as amended do not apply to a contract for the sale of land entered into within 28 days after the commencement day. The version of those sections in force immediately before commencement continue to apply.

Deposit not to be released unless provided by contract

Section 27 of the Sale of Land Act 1962, which sets out the statutory procedure for the early release of deposit money, is being repealed and replaced with s 26A. This new section provides that where a legal practitioner, conveyancer, or estate agent holds deposit money as a stakeholder under s 24, the deposit must not be released to the vendor or at their direction before settlement unless the contract includes a condition that provides for it.

Settlement is defined for this purpose as, in the case of a cash transaction, the time at which the purchaser becomes entitled to a transfer or conveyance of the land and, in the case of a terms contract, the time at which the purchaser becomes entitled to possession or to the receipt of rents and profits.

Section 25(1) is amended so that deposit money received by a vendor must be paid to a legal practitioner, conveyancer, or estate agent acting for the vendor, or into a special purpose account, unless released under s 26A.

Early release becomes a matter of contractual agreement rather than statutory entitlement. Release before settlement will depend on an express condition in the contract, and there is no equivalent of the current s 27 procedure to fall back on.

Estate agent not to retain amounts from the deposit

New s 26B provides that where an estate agent is authorised to pay deposit money to the vendor, or as the vendor directs, in accordance with s 26A, the agent must not retain out of the deposit money an amount for their commission, or for any auction expense or other amount to which the agent is or will become entitled, before settlement or rescission of the contract.

Property price statements and reserve prices

The statement of information under s 47AF of the Estate Agents Act 1980 is renamed the property price statement, and expanded to include the key features of the residential property with the vendor's reserve price expressed as a single dollar amount, not modified by words or symbols. Key features include the floor space and the total size of the land in square metres.

An estate agent or agent's representative is required to request the reserve price from the vendor in writing before the date of an auction or fixed-date sale, stating the proposed reserve price and the reasons for it. The vendor responds in writing by confirming that price, specifying another price, or requesting a further proposal. The reserve price must then be published for at least 7 days before the auction or fixed-date sale, and an auction or fixed-date sale cannot be conducted unless it has been published for that period.

Suspension of conveyancers' and estate agents' licences

A new Division 7A of Part 2 of the Conveyancers Act 2006 allows the Business Licensing Authority, where a licensee has not complied with the trust account requirements in s 84(1) or 85(1A), to give written notice that the licence will be suspended for a period of up to 12 months if the report required under s 85(1A) is not lodged by a date specified in the notice. While the licence is suspended the licensee is taken not to be licensed.

Equivalent provisions apply to estate agents under new sections 24E to 24G of the Estate Agents Act 1980, with the additional consequence that a suspended agent is ineligible to be or act as a registered agent's representative. Both sets of provisions commence on the day after royal assent.

Related amendments affecting property practice

The following provisions commence on the day after royal assent.

Owners corporations

Division 1 of Part 6 amends s 18 of the Owners Corporations Act 2006. An owners corporation is prohibited from commencing a proceeding in a court or tribunal unless authorised by special resolution, subject to 2 exceptions. An ordinary resolution is sufficient where the matter may be resolved by an order for payment of an amount, or relief, of no more than twice the total amount of the current annual fees set under s 23, and also where the order sought is non-monetary in nature. Each exception requires the court or tribunal to have jurisdiction to make an order of that nature.

VCAT applications in relation to a plan of subdivision

Part 10 amends s 34D of the Subdivision Act 1988 to expand the circumstances in which an application may be made to the Victorian Civil and Administrative Tribunal in relation to a plan of subdivision. The grounds extend to a member, or group of members, who refused consent to or did not vote on a proposed action, where more than half of the membership of the owners corporation, holding more than half of the total lot entitlement, consent to the action, and the purpose of the action is likely to bring economic or social benefits to the subdivision as a whole greater than the disadvantages to the members who did not consent.

Purchaser's right to rescind off-the-plan contract for residential apartment

A further amendment made in the Legislative Council inserts s 9AEA(3) into the Sale of Land Act 1962. The purchaser's right to rescind an off-the-plan contract for a residential apartment building does not apply where the developer is excepted from the requirement under s 137ZP(1) of the Building Act 1993 to arrange for the issue or execution of a developer bond.

Practical implications for lawyers and conveyancers

The practical consequences of the section 32 and deposit amendments include the following:

• Vendor instructions, searches, and certificates will need to be obtained before the sale campaign begins rather than before the contract is signed. A campaign cannot be advertised for auction or a fixed-date sale unless the section 32 statement can be made available 14 days before the first auction date or first fixed date. For a private sale campaign, the section 32 statement must be available from the day that is 14 days after the land is first publicly advertised, and if the land sells before that day, the statement must be available before the purchaser signs the contract.
• Disclosure needs to be monitored between the sale availability time and the contract, as written notice of any change is required before the purchaser signs.
• The file should clearly record when the statement was first made available, to who, and in what format, as this becomes the evidence for the rescission right in s 32K(3) and the offence in s 32L(c).
• Contracts and special conditions need to be reviewed. Where the parties agree to release the deposit before settlement, a condition must be included in the contract, and existing conditions drafted around the s 27 procedure will be redundant.
• Vendors relying on the deposit to fund a related purchase or to pay agent's costs need to understand from the outset that release before settlement depends on the purchaser's agreement.
• Two sets of section 32 timing rules will operate concurrently for 28 days after commencement, which affects both file management and advice given during that period.
• Failure to comply with trust account reporting obligations under s 85(1A) of the Conveyancers Act 2006 can result in a 12-month licence suspension.
• The obligation of obtaining the section 32 statement shifts to the purchaser. Where a contract refers to the statement by a link or online, the file needs to show that the statement was retrieved and reviewed before the contract was signed.
• The effect of a deposit release condition in a contract needs to be explained to the purchaser before signing.

Publication updates

The By Lawyers Victorian conveyancing and property publications will be updated when these amendments commence, including the commentaries, retainer instructions, to-do lists, the By Lawyers Contract of Sale of Land, and the Library of special conditions.