# Zed Legal Australia — Full Reference > Zed Legal Australia is a modern, Adelaide-based law firm serving South Australia, Australia and the United States. Founded by Bruno Confalone — a lawyer admitted in South Australia, New South Wales, the High Court of Australia, California and New York — the firm provides legal services across property, business, estates, notarial practice and immigration. Tagline: "Law, simplified." This file is the complete-content companion to https://zed.legal/llms.txt. It inlines the full text of every service and article so AI systems can answer questions about Zed Legal accurately from a single source. ## About the firm - Name: Zed Legal Australia (also referred to as "Zed Legal") - Legal entity: Zed Legal (Australia) Pty Ltd - ABN: 54 663 268 238 - Founded: 2019 - Location: Adelaide, South Australia - Service area: South Australia and Australia-wide; US immigration and notarial/consular matters internationally - Phone: (08) 8166 7569 (+61 8 8166 7569) - Email: hello@zed.legal - Website: https://zed.legal - Hours: Monday to Friday, 9:00am–5:30pm (Australian Central Time) - Google rating: 5.0 stars from 175+ verified reviews ## About the founder Bruno Confalone is the Founder and Principal Lawyer of Zed Legal Australia. He is admitted to practise in South Australia, New South Wales, the High Court of Australia, and — unusually for an Australian lawyer — the State Bars of California and New York in the United States. This dual admission lets the firm advise on matters that cross the Australia–US border, including the E-3 visa and the Australian consequences of relocating overseas. He holds a Bachelor of Laws (with Honours) from the University of Adelaide and completed the Notarial Practice Course through the College of Law, Sydney. ## What makes Zed Legal different Direct access to a senior lawyer rather than a chain of intermediaries; plain-English advice with no jargon; fixed, transparent fees for many services; and a modern, digital-first process that supports interstate and overseas clients through electronic signing and document exchange. ## Frequently asked questions Q: What areas of law does Zed Legal Australia practise in? A: Zed Legal provides conveyancing, property law, wills and estates, probate, corporate law, commercial law, Australian immigration, US immigration, and notarial services from its Adelaide base. Q: Who is Bruno Confalone and what makes Zed Legal different? A: Bruno Confalone is the founder and principal lawyer. He is admitted in South Australia, New South Wales, the High Court of Australia, California, and New York. Zed Legal is built around honest, practical advice with direct access to senior practitioners, plain language, and efficient service. Q: Does Zed Legal handle conveyancing for interstate or overseas clients? A: Yes. Zed Legal regularly assists interstate and overseas clients purchasing or selling property in South Australia. Its digital process supports electronic signing, document exchange and remote communication, so location is not a barrier. Q: Can Zed Legal help Australians apply for a US visa? A: Yes. Bruno Confalone is admitted in California and New York. Zed Legal assists Australian citizens with E-3, L-1, O-1 and other US immigration pathways, as well as dual-jurisdiction matters for clients moving between Australia and the United States. Q: What estate planning documents does Zed Legal prepare? A: Zed Legal prepares wills, enduring powers of attorney, advance care directives and testamentary trusts. The firm also assists executors with estate administration, grants of probate and family provision matters under South Australian law. Q: How much does it cost to use Zed Legal? A: Fees depend on the nature of the matter. Many services are offered on a fixed fee agreed in advance. For complex or unpredictable matters, fees may be charged on a time basis. Zed Legal explains the applicable fee structure before work begins. Q: Can Zed Legal help me if I live outside South Australia? A: Yes. Zed Legal assists interstate and overseas clients, particularly with South Australian conveyancing, wills and estates, and immigration matters. Electronic signing and document exchange allow many matters to be handled remotely. Q: How do I get started with Zed Legal Australia? A: Book an appointment online, call (08) 8166 7569, or email hello@zed.legal. The team will clarify your situation, outline the available options and explain the applicable fee structure before work begins. ## Services (full detail) ### Corporate Law — Corporate Lawyers in Adelaide URL: https://zed.legal/services/corporate-law-adelaide Area served: Adelaide, South Australia Zed Legal Australia provides corporate law services in Adelaide and across South Australia, advising companies, directors and shareholders on company formation and structuring, shareholders agreements, corporate governance, and director and shareholder disputes. We advise companies, directors and shareholders on the legal structure that lets an ambitious business operate, raise capital and grow — without inviting avoidable disputes later. You deal directly with a senior lawyer, not a chain of intermediaries. Overview: Corporate law governs how a company is owned, controlled and run. The decisions you make early — how the company is structured, who holds shares and on what terms, how directors make decisions — shape your tax position, your personal liability and your ability to bring in investors or sell the business down the track. A company incorporated under the Corporations Act 2001 (Cth) is a separate legal entity that can hold assets, enter contracts and incur liabilities in its own name. That separation is valuable, but it only protects you if the structure is set up and maintained properly. We help South Australian businesses get the foundations right and keep them right. Who this is for: - Founders incorporating a new company or restructuring an existing one - Co-owners who need a shareholders agreement before — or after — a disagreement - Directors facing a governance question, conflict of interest or potential breach of duty - Businesses bringing in an investor, issuing shares or planning a sale or succession How we help: - Company formation and structuring, including holding company and trust arrangements - Shareholders agreements, buy-sell provisions and share transfer restrictions - Corporate governance, constitutions and director and officer duties - Shareholder and director disputes, deadlock resolution and exit mechanisms How it works: 1. Scope — A direct conversation about the business, the owners and what you are trying to achieve commercially — not just legally. 2. Advise — Clear written advice on the structure and documents you need, with the trade-offs spelled out in plain English. 3. Draft — We prepare the constitution, shareholders agreement and resolutions, and explain every operative clause before you sign. 4. Maintain — Ongoing support as the company changes — new shareholders, funding rounds, governance questions and disputes. Common questions: Q: Do I need a shareholders agreement if I already have a company constitution? A: In most cases, yes. A constitution sets out the basic rules required by the Corporations Act, but it is a public document and does not deal with the practical realities of co-ownership — funding obligations, deadlock, share transfers, tag-along and drag-along rights, or what happens when an owner exits. A shareholders agreement is a private contract between the owners that fills those gaps. It is far cheaper to agree these terms at the outset than to litigate them later. Q: What is the difference between a director and a shareholder? A: A shareholder owns part of the company; a director runs it. The two roles are distinct, with different rights and duties. In small companies the same people often hold both roles, which is exactly why disputes can become complicated — a well-drafted shareholders agreement keeps the two capacities separate and clear. Q: Can Zed Legal help with a director or shareholder dispute? A: Yes. We advise directors and shareholders on disputes including breaches of directors’ duties, oppression of minority shareholders, deadlock between equal owners, and the mechanisms available to resolve or exit. We aim to resolve matters commercially where possible and advise on litigation only where it is genuinely warranted. --- ### Commercial Law — Commercial Lawyers in Adelaide URL: https://zed.legal/services/commercial-lawyer-adelaide Area served: Adelaide, South Australia Zed Legal Australia provides commercial law services in Adelaide and South Australia, including contract drafting and negotiation, business acquisitions and sales, terms of trade and supply agreements, and commercial dispute resolution and debt recovery. Commercial law is where deals get done. We draft, review and negotiate the contracts that sit underneath your revenue — and step in when an arrangement turns into a dispute. Practical advice that protects your position at every stage of a transaction. Overview: Every business runs on agreements: with customers, suppliers, contractors, landlords and partners. When those agreements are clear and properly drafted, they prevent disputes. When they are vague, borrowed from a template, or never written down, they create them. We act for South Australian businesses across the full commercial lifecycle — from the terms of trade you issue every day, to the one-off acquisition that defines the next decade. The goal is the same throughout: agreements that say what you actually mean and hold up when it matters. Who this is for: - Businesses entering a significant contract, supply arrangement or joint venture - Buyers and sellers of a business who need the sale agreement done properly - Owners issuing terms of trade, service agreements or supplier contracts - Anyone facing a contract dispute, unpaid debt or breach of agreement How we help: - Contract drafting, review and negotiation across all commercial arrangements - Business acquisitions and sales, including due diligence and sale agreements - Terms of trade, supply agreements and standard-form contracts - Commercial dispute resolution and debt recovery How it works: 1. Understand — We start with the commercial objective and the risk you are actually worried about — then work back to the legal document. 2. Review or draft — We review what is in front of you or draft from scratch, flagging the clauses that carry real consequences. 3. Negotiate — Where there is a counterparty, we negotiate the terms that matter and let the boilerplate go. 4. Resolve — If a dispute arises, we advise on the fastest commercial path to a resolution you can live with. Common questions: Q: Should I have a lawyer review a contract before I sign it? A: For any contract with meaningful financial or legal consequences, yes. The cost of a review before signing is almost always lower than the cost of being bound by a clause you did not understand. We focus on the provisions that actually carry risk — liability, termination, indemnities, payment and dispute resolution — rather than charging you to read boilerplate. Q: Can you help me buy or sell a business? A: Yes. We act for both buyers and sellers on business sales and acquisitions, including due diligence, the sale agreement, restraint of trade clauses, employee and lease transfers, and completion. We work alongside your accountant to make sure the legal and tax structures align. Q: What can I do about an unpaid invoice or a customer in breach? A: We advise on debt recovery and breach of contract, from a formal letter of demand through to litigation where necessary. Strong terms of trade make recovery faster and cheaper, so we also help businesses put proper terms in place before problems arise. --- ### Conveyancing — Conveyancing in Adelaide & South Australia URL: https://zed.legal/services/conveyancing-adelaide Area served: South Australia Yes — Zed Legal Australia provides residential and commercial conveyancing throughout South Australia, including contract and Form 1 review, off-the-plan contracts, title searches and due diligence, and settlement coordination. Because the firm is a law practice, your conveyancing is handled by a qualified lawyer, and interstate and overseas clients buying or selling in South Australia can be assisted remotely. We manage every legal step of your property transaction — from the moment a contract is signed through to final settlement. Clear communication, accurate timelines and no surprises. Your matter is handled by a lawyer, not passed down a line. Overview: Conveyancing is the legal process of transferring ownership of property from one party to another. In South Australia it is governed by the Land and Business (Sale and Conveyancing) Act 1994, and the detail matters: contract terms, the Form 1 vendor’s statement, cooling-off rights, searches, adjustments and the mechanics of settlement. Because Zed Legal is a law firm rather than a standalone conveyancing business, you get a lawyer’s judgment on the issues that a routine transaction can hide — easements and encumbrances, contract special conditions, off-the-plan risk and title defects — at a fixed, transparent fee. Who this is for: - Buyers and sellers of residential property in South Australia - Purchasers signing an off-the-plan contract who want the risks reviewed first - Interstate and overseas clients buying or selling property in South Australia - Anyone needing a contract or Form 1 reviewed before the cooling-off period ends How we help: - Residential and commercial purchase and sale - Contract and Form 1 review before you are bound - Off-the-plan contracts, title searches and due diligence - Settlement coordination, adjustments and dispute resolution How it works: 1. Review — We review the contract and Form 1 — ideally before you sign, or otherwise within the cooling-off period — and explain what you are committing to. 2. Investigate — Title searches, council and statutory enquiries and due diligence to surface anything that affects the property. 3. Coordinate — We liaise with the agent, your lender and the other side, prepare transfer documents and calculate adjustments. 4. Settle — We complete settlement electronically, confirm the transfer and tell you the moment the property is yours. Common questions: Q: Do I need a conveyancer or a lawyer to buy property in South Australia? A: You are not legally required to use either, but property is almost always the largest transaction a person enters, and the contracts are binding and technical. Using a lawyer gives you the same settlement service as a conveyancer plus legal advice on contract terms, title issues and disputes if they arise — which a conveyancer cannot provide. At Zed Legal your conveyancing is handled by a qualified lawyer. Q: How long is the cooling-off period in South Australia? A: Most purchasers of land in South Australia can cool off within two clear business days. The period runs from the later of the day the contract is made and the day the Form 1 vendor’s statement is served, and it ends earlier if settlement happens first. There is no cooling-off right at auction, and the right can be waived only on a legal practitioner’s certificate. Because the window is short, we recommend having the contract reviewed before you sign rather than relying on cooling off. Q: Can you handle my conveyancing if I live interstate or overseas? A: Yes. We regularly act for interstate and overseas clients buying and selling property in South Australia. Documents can be signed and witnessed remotely, and settlement is completed electronically, so you do not need to be in Adelaide. Q: Can you review an off-the-plan contract? A: Yes. Off-the-plan contracts carry risks that standard purchases do not — sunset clauses, permitted variations, deposit terms and valuation risk at settlement. We review the contract, the plan of division and the inclusions schedule and explain the risks before you commit. --- ### Property Law — Property Lawyers in South Australia URL: https://zed.legal/services/property-law-south-australia Area served: South Australia Zed Legal Australia advises on property law across South Australia, including commercial leasing and retail tenancies, easements, covenants and encumbrances, property development, strata and community title, and the division of property after separation or divorce. Beyond buying and selling, property law covers the full lifecycle of land ownership. We advise individuals, investors and developers on every dimension of their property interests — and help separating couples divide property fairly and finally. Overview: Property law reaches well beyond a single transaction. It governs how land is leased, developed, subdivided, shared and disputed, and how property is divided when a relationship ends. Each of these areas has its own rules, and small drafting decisions can have lasting financial consequences. We act for owners, investors and developers on the commercial side, and for individuals and families navigating property division after separation. In every case the aim is the same: certainty about your rights, and a clear path to the outcome you need. Who this is for: - Landlords and tenants entering or disputing a commercial or retail lease - Owners dealing with easements, covenants, encumbrances or boundary issues - Investors and developers undertaking subdivision or land development - Separating couples dividing real property and other assets How we help: - Commercial leasing and retail tenancy agreements and disputes - Easements, covenants, encumbrances and boundary matters - Property development, subdivision and strata and community title - Property settlement and the division of assets after separation or divorce How it works: 1. Assess — We establish your interest in the property, the documents that govern it and the outcome you need. 2. Advise — Clear advice on your rights and options, whether the matter is a lease, a development or a separation. 3. Act — We draft and negotiate the documents, or pursue the agreement or order required to resolve the matter. 4. Finalise — We complete the registration, settlement or formalisation so the outcome is binding and final. Common questions: Q: How is property divided after a divorce or separation in Australia? A: Property division after separation is governed by the Family Law Act 1975 (Cth) and is based on what is just and equitable, not an automatic 50/50 split. The process considers the asset pool, each party’s financial and non-financial contributions, and future needs. An agreement can be formalised by consent orders or a binding financial agreement so it is legally final. We advise on reaching and documenting a fair settlement, and on the conveyancing required to transfer property between parties. Q: Do I need a lawyer for a commercial lease? A: Commercial and retail leases are long-term financial commitments with terms that are often heavily weighted toward the landlord. Whether you are the landlord or the tenant, having the lease reviewed or drafted properly — rent reviews, outgoings, make-good, options and assignment — protects you for the full term. Retail leases also attract specific statutory protections that are easy to overlook. Q: What is an easement or encumbrance, and why does it matter? A: An easement is a right for someone to use part of your land for a specific purpose (such as access or drainage), and an encumbrance is a registered restriction or interest affecting the title. Both can limit what you can do with a property and affect its value. We advise on creating, removing and dealing with these interests, and review them as part of any purchase. --- ### Wills & Estates — Wills, Estates & Probate in Adelaide URL: https://zed.legal/services/wills-and-estates-adelaide Area served: South Australia Yes — Zed Legal Australia prepares wills, enduring powers of attorney, advance care directives and testamentary trusts, and provides probate, estate administration and executor support throughout South Australia under the Succession Act 2023 (SA). Estate planning is an act of care. We help individuals and families create the legal framework that protects what they have built — and we guide executors through probate and estate administration when the time comes. Overview: A well-drafted will does more than name who gets what. It appoints and empowers the right executor, deals with superannuation and blended-family complexity, protects vulnerable beneficiaries, and anticipates family provision claims. A template often does none of these things, and the cost of getting it wrong falls on the people you leave behind. South Australia’s succession laws were overhauled by the Succession Act 2023 (SA), which commenced on 1 January 2025 and replaced the former Wills Act 1936, Administration and Probate Act 1919 and Inheritance (Family Provision) Act 1972. We prepare estate planning documents that reflect the current law, and we administer estates and obtain grants of probate for executors. Who this is for: - Anyone without a current will, or with a will that predates a major life change - Parents, blended families and people with vulnerable beneficiaries to protect - People who want enduring powers of attorney and advance care directives in place - Executors who need to obtain probate or administer an estate How we help: - Will drafting and review, including testamentary trusts - Enduring powers of attorney and advance care directives - Grants of probate and letters of administration - Estate administration and executor support How it works: 1. Listen — We understand your assets, your family and what you want to happen — including the situations people usually overlook. 2. Advise — Clear advice on the documents and structures that achieve your wishes and reduce the risk of a dispute. 3. Prepare — We draft your will, powers of attorney and directives, and explain each document before you sign. 4. Administer — When the time comes, we guide executors through probate and the administration of the estate. Common questions: Q: What is probate and when is it required in South Australia? A: Probate is the Supreme Court’s formal recognition that a will is valid and that the executor has authority to administer the estate. It is not required for every estate — for example, where assets are jointly held or modest — but most estates that include real property in the deceased’s sole name, significant bank accounts or shares will need a grant of probate before those assets can be dealt with. We prepare and lodge probate applications and guide executors through the process. Q: Why use a lawyer instead of a will kit? A: Wills, powers of attorney and advance care directives are technical legal documents. Small errors — in execution, wording or witnessing — can make them invalid or easy to challenge, and the problems only surface when it is too late to fix them. A lawyer-prepared will also addresses superannuation, blended families, testamentary trusts and family provision risk, which a template cannot. Q: Does my will cover my superannuation? A: Not automatically. Superannuation is generally held in trust by your fund and does not form part of your estate unless it is directed there. To control where your super goes you usually need a valid binding death benefit nomination, which typically lapses after three years. We advise on aligning your super with your overall estate plan. Q: What happens if I die without a will in South Australia? A: If you die without a valid will (intestate), your estate is distributed according to the formula in the Succession Act 2023 (SA), which may not reflect your wishes — and the court appoints an administrator. Having a will lets you choose your executor, your beneficiaries and a guardian for minor children. --- ### Notary Public — Notary Public in Adelaide URL: https://zed.legal/services/notary-public-adelaide Area served: Adelaide, South Australia Yes — Zed Legal Australia provides notary public services in Adelaide, including document authentication and certification, certified copies, apostille certification through the Department of Foreign Affairs and Trade (DFAT), corporate and commercial notarisation, and powers of attorney for use overseas. A notary public authenticates documents for international use. We provide fast, precise notarial services accepted by foreign governments, courts and institutions — for the documents that need to travel. Overview: A notary public is an officer appointed by the Supreme Court whose seal and signature are recognised internationally. The notary verifies identity, authenticates the execution of documents, certifies true copies and administers oaths for documents intended for use outside Australia. This is different from a Justice of the Peace, whose certification is generally not accepted by foreign authorities. If an overseas bank, court, university, company registry or government department asks you to have a document "notarised", they almost always require a qualified notary public. We provide notarial services and arrange apostille or authentication through DFAT where the destination country requires it. Who this is for: - Individuals signing documents for use in another country - People authenticating qualifications, identity or status for overseas use - Businesses notarising company documents for foreign transactions - Anyone who has been asked to provide a notarised document or an apostille How we help: - Document authentication and certification for overseas use - Certified true copies of identity and corporate documents - Apostille and authentication arranged through DFAT - Powers of attorney and declarations for use in foreign jurisdictions How it works: 1. Confirm — We confirm what the receiving country requires — notarisation, apostille or full legalisation — so it is accepted first time. 2. Verify — You attend with photographic identification and the documents in their final form; we verify identity and execution. 3. Notarise — We apply the notarial certificate and seal in the form the destination country expects. 4. Legalise — Where required, we arrange the apostille or DFAT authentication so the document is ready to use overseas. Common questions: Q: What is the difference between a notary public and a Justice of the Peace? A: A Justice of the Peace can witness documents and certify copies for use within Australia. A notary public is appointed by the Supreme Court and authenticates documents for use overseas — their seal is recognised internationally under the Apostille Convention and bilateral treaties. If a foreign institution requires a document to be "notarised", a JP’s certification is generally not sufficient. Q: What is an apostille and do I need one? A: An apostille is a certificate issued by the Department of Foreign Affairs and Trade (DFAT) that authenticates a notary’s signature for use in countries that are party to the Hague Apostille Convention. Whether you need one — or full legalisation through an embassy — depends on the destination country. We confirm the requirement and arrange it for you. Q: What should I bring to a notary appointment? A: Bring current photographic identification (a passport is ideal for international documents), the documents you need notarised in their final form, and details of the country where they will be used. Do not sign documents that require witnessing beforehand — the notary needs to witness your signature. --- ### Australian Immigration — Australian Immigration Lawyers URL: https://zed.legal/services/immigration-lawyer-australia Area served: Australia Yes — Zed Legal Australia assists individuals, families and businesses with Australian immigration, including skilled migration (subclasses 189, 190 and 491), employer sponsorship (subclasses 482 and 186), partner and family visas, and permanent residency pathways. Australian immigration law is complex, frequently updated and unforgiving of errors. We guide individuals, families and businesses through every stage of the visa and residency process — with strategy first, paperwork second. Overview: A visa application is only as strong as the strategy behind it. Choosing the right subclass, meeting the criteria, assembling evidence in the right form and lodging at the right time all determine the outcome — and a misstep can mean delay, refusal or a period without a valid visa. We advise on the full range of Australian visas, from skilled and employer-sponsored migration to partner and family visas and the pathways to permanent residency. As a law firm, we can also advise where immigration overlaps with other areas — business sponsorship, property purchase or estate planning for new residents. Who this is for: - Skilled professionals seeking a migration or permanent residency pathway - Employers sponsoring overseas workers, and the workers being sponsored - Partners and families applying for partner, parent or family visas - Visa holders whose circumstances have changed and need to change visa How we help: - Skilled migration (subclasses 189, 190 and 491) - Employer sponsorship (subclasses 482 and 186) - Partner and family visa applications - Permanent residency pathways and visa strategy How it works: 1. Assess — We assess your eligibility across the available visa options and identify the strongest pathway for your circumstances. 2. Strategise — We map the timing, criteria and evidence needed, and flag any risks before they become problems. 3. Prepare — We prepare and organise the application and supporting evidence so the decision-maker sees a complete, coherent case. 4. Lodge & manage — We lodge, respond to any requests from the Department, and keep you informed through to a decision. Common questions: Q: Can I move from a student visa to a partner visa? A: You cannot hold two substantive visas at once, but you can generally lodge a partner visa application while holding a student visa. On lodgement you usually receive a Bridging Visa A, which activates only if your student visa expires before the partner visa is decided. Cancelling your student visa to activate the bridging visa is not permitted and can make you unlawful — so timing and advice matter. We help students navigate this safely. Q: How long does a partner visa take? A: Partner visa processing times are lengthy and vary. As a guide, onshore applications have recently taken well in excess of 24 months at the slower end, and offshore applications also commonly exceed 12 months. The quality and organisation of your evidence across the four assessment categories — financial, household, social and commitment — has a real effect on how smoothly the application proceeds. Q: Do you help employers sponsor overseas workers? A: Yes. We assist employers with standard business sponsorship, nomination and the subclass 482 and 186 visa programs, and we advise sponsored workers on their obligations and pathways to permanent residency. --- ### U.S. Immigration — US Immigration for Australians URL: https://zed.legal/services/us-immigration-lawyer-australia Area served: Australia and United States Yes — Zed Legal Australia assists Australian citizens with US immigration. Founder Bruno Confalone is admitted to practise in both Australia and the United States (California and New York), and the firm advises on the E-3 visa for Australians, L-1 and O-1 visas, immigrant visa and green card pathways, and dual-jurisdiction immigration strategy. Crossing borders, on solid ground. Bruno Confalone is admitted in both Australia and the United States — a rare combination that lets us advise clients moving between the two legal systems, whether relocating or managing cross-border matters. Overview: US immigration is a system of its own, and Australians have access to a pathway few other nationalities do: the E-3 visa, a specialty-occupation work visa reserved for Australian citizens. Alongside it sit the L-1 (intra-company transfer), the O-1 (extraordinary ability) and a range of immigrant visa and green card pathways. What sets this service apart is dual admission. Because Bruno Confalone is admitted in both Australia and the United States, we can advise on both sides of a move at once — the US application itself, and the Australian legal, property and estate consequences that come with relocating or living across two countries. Who this is for: - Australian citizens seeking to work in the United States on an E-3 visa - Professionals and executives exploring L-1 or O-1 visa options - Individuals and families pursuing a green card or immigrant visa - Anyone managing legal matters across both Australia and the United States How we help: - E-3 specialty-occupation visas for Australian citizens - L-1 intra-company transfer and O-1 extraordinary-ability visas - Immigrant visa and green card pathways - Dual-jurisdiction immigration strategy and USCIS petition preparation How it works: 1. Assess — We assess your eligibility across US visa categories and identify the right pathway for your goals. 2. Strategise — We plan the petition, timing and evidence — and the Australian-side consequences of the move. 3. Prepare — We prepare the petition and supporting evidence to the standard US adjudicators expect. 4. File & support — We file with USCIS or the relevant consulate and support you through to the decision and beyond. Common questions: Q: What is the E-3 visa and who can apply? A: The E-3 visa is a US work visa available only to Australian citizens working in a "specialty occupation" — a role that requires a relevant degree or equivalent. It is renewable, allows your spouse to work in the US, and is generally faster and cheaper than comparable visas. It is one of the most valuable immigration options available to Australians, and we advise on eligibility and prepare applications. Q: Why use a lawyer admitted in both Australia and the US? A: Moving between countries rarely involves just one legal system. Dual admission means we can advise on the US visa or petition and, at the same time, the Australian consequences — what happens to your property, your business interests, your tax residency and your estate planning. You get coordinated advice instead of two disconnected lawyers. Q: Do applications lodged by an attorney have better outcomes? A: Data on the E-3 program has consistently shown a higher success rate for applications lodged by attorneys than for self-represented applicants. While no lawyer can guarantee an outcome, professional preparation reduces the risk of avoidable errors and refusals. ## Insights — legal guides & commentary (full text) ### Buying a Small Business in South Australia: The Form 2, the Lease and the Diligence That Matters URL: https://zed.legal/blog/buying-a-small-business-south-australia Published: 2026-10-13T10:00:00+10:30 · Category: Commercial Law · 10 min read · Author: Bruno Confalone South Australia gives buyers of a small business a statutory disclosure document and a cooling-off period — but only below a $300,000 threshold that catches fewer sales than most people expect. Above it, the only protection you have is the diligence you do yourself. Buying an established business looks like the safer path. The customers exist, the equipment is installed, the staff know the work, and there is a set of figures to look at. Compared with starting from nothing, it is. But a business sale transfers something far less tidy than a house. What you are actually acquiring is a bundle — plant, stock, goodwill, a lease, employees, licences, supplier arrangements and a trading name — and each element in that bundle transfers in a different way and can fail in a different way. South Australia provides purchasers with a statutory disclosure regime, but it applies only at the smaller end of the market. Above that line, what protects you is the work you do before settlement. Assets or Shares: The Threshold Decision Almost every other question follows from this one. In an asset sale, you buy the identified assets of the business and leave the vendor's company behind. Its history stays with it — its tax position, its litigation, its unknown liabilities. You take what is listed in the contract and nothing else. This is how most small business sales are done, and for good reason. In a share sale, you buy the company itself, and the company keeps operating with everything it already has: its contracts, its licences, its registrations, and also its liabilities, including the ones nobody has mentioned. A share sale is sometimes unavoidable, usually where a licence, a lease or a key contract cannot be assigned but would survive a change of shareholding. When it is unavoidable, the diligence has to be deeper and the warranties and indemnities have to do much more work. If you are buying into a business alongside other owners rather than buying it outright, our article on shareholder agreements covers the arrangements that should be in place from day one. The Form 2, and Why It May Not Apply to You South Australia requires a vendor's statement for the sale of a small business under section 8 of the Land and Business (Sale and Conveyancing) Act 1994. That statement is the Form 2, and it is the business-sale counterpart of the Form 1 in a property transaction. The definition is where the surprise sits. A small business is one sold for total consideration not exceeding $300,000 (excluding GST) — but in working out that figure, the value of stock-in-trade is excluded, and so is the value of any land included in the sale. A business changing hands for $280,000 plus $40,000 of stock is still a small business for these purposes, because the stock does not count towards the threshold. Where the Form 2 applies, it is substantial. It sets out the gross income, purchases and operating expenses from which the net profit of the business for the last twelve months can be calculated, together with information about the premises, the operations, the equipment and the stock. The financial information is certified. For a buyer, it is the closest thing to an audited starting point that a small acquisition will produce. The Form 2 must be served on the purchaser at least five clear business days before settlement. The purchaser can then cool off by written notice given before the end of the fifth clear business day after the day the Form 2 is served, or before settlement if that comes first. There is no cooling-off right at all, however, if the Form 2 was served at least five clear business days before the contract was made — so a buyer who receives the Form 2 early should finish their review before signing. As with a property purchase, the cooling-off right can be given up on a legal practitioner's certificate of independent advice, and compliance with the Form 2 requirements can be waived by a signed instrument of waiver after independent legal advice — but waiving the Form 2 itself is rarely wise, because it also affects your remedies after settlement. Failure to provide a Form 2, or providing a defective one, is an offence carrying a maximum penalty of $10,000, and a purchaser who has been prejudiced may be able to rescind or recover damages. Above $300,000, You Are On Your Own Most business sales that reach a lawyer's desk are above the threshold, and there the Act offers no disclosure document, no certified figures and no cooling-off period. Everything you know about the business is what you have asked for and verified. At a minimum, that means going behind the profit and loss statement. Ask for at least three years of financials together with the corresponding tax returns and BAS lodgements, and reconcile them against bank statements. Understand which expenses have been added back and whether they are genuinely non-recurring. Test whether the revenue is concentrated in a handful of customers, and whether those relationships attach to the business or to the departing owner personally. Ask what the owner actually does day to day, and what it would cost to replace them — a business that produces $120,000 of profit while the owner works sixty hours a week is not producing $120,000 of profit. The Lease Is Often the Business For a retail or hospitality business, the lease may be worth more than every physical asset combined. A cafe with three years of secured term in a good location is a different proposition from the same cafe holding over month to month. Two things need to happen before settlement. The lease must actually be assigned to you, with the landlord's consent obtained in the form the lease requires, and you must know what you are inheriting: the remaining term, the options and whether they are still exercisable, the rent review mechanism, the outgoings, the make-good obligation at the end of the term, and any personal guarantee you will be asked to give. Our guide to retail and commercial leases in South Australia sets out the statutory protections that may apply, including the minimum five-year term, the disclosure statement, and the prohibition on passing land tax to the tenant. Landlord consent is also a timing risk. It frequently takes longer than the parties allow, and a contract that goes unconditional before consent is secured puts the purchaser in an uncomfortable position. Employees, Restraints and the Rest of the Bundle Employees. In an asset sale, employment does not transfer automatically. The vendor terminates and you offer new employment. The commercial question is who pays for accrued annual leave and long service leave, and whether prior service is recognised. If you recognise prior service, you inherit the liability, and the purchase price should reflect that. Get the position stated explicitly in the contract, because it is a common source of post-settlement dispute. Restraint of trade. If you are paying for goodwill, you are paying for customers who could follow the vendor to a new business two suburbs away. A restraint clause is essential, and it needs to be drafted to be enforceable — reasonable in duration, geographic scope and the activities restrained — rather than drawn so widely that a court will not uphold it. GST. The sale of a business as a going concern can be GST-free where the statutory conditions are satisfied, which requires the right contractual terms and both parties being registered. It is worth getting right, because it is real money and it is easy to lose through drafting. Licences and permits. Liquor licences, food business registrations, professional registrations and industry-specific approvals do not simply follow the assets. Establish early which are transferable, which must be applied for afresh, and how long each takes, because settlement often has to wait on the slowest of them. Plant, equipment and security interests. Search the Personal Property Securities Register against the vendor and the assets. Leased or financed equipment that the vendor treats as their own is a recurring problem, and it is a cheap search to run. Deposit. Your deposit should be held in a trust account by the agent or a solicitor, released on settlement — not paid directly to the vendor. Structure Before You Sign How you hold the business determines your tax position, your asset protection and how easily you can sell or bring in a partner later. Changing it afterwards can trigger duty and capital gains tax that a decision made two weeks earlier would have avoided entirely. We compare the common options in our article on sole trader versus company structures, and it is a conversation worth having with your accountant and your lawyer together, before the contract is signed rather than after. How Zed Legal Can Help Our commercial law team acts for buyers and sellers of South Australian businesses. For a purchaser, that typically means advising on asset versus share structure, reviewing the Form 2 where the sale is caught by section 8, running and interpreting the searches, negotiating the contract, warranties and restraint, dealing with the landlord on the lease assignment, and coordinating settlement so that consents, licences and employee arrangements all land on the same day. Where the transaction sits inside a larger group or involves changes to ownership, our corporate law practice handles the structuring. The most useful time to involve us is before you sign a heads of agreement or an offer, while the terms are still open. Contact us at hello@zed.legal. Sources and Official Guidance - Land and Business (Sale and Conveyancing) Act 1994 (SA) — section 4 (meaning of small business), section 5 (cooling-off) and section 8 (vendor's statement on the sale of a small business) - Land and Business (Sale and Conveyancing) Regulations 2025 (SA) — Form 2, the prescribed vendor's statement for a small business This article is general information only and current as at October 2026. It is not legal, financial or taxation advice and does not take your circumstances into account. Disclosure obligations for business sales are governed by the Land and Business (Sale and Conveyancing) Act 1994 (SA) and the regulations made under it, and GST and capital gains tax outcomes depend on your particular facts. Please obtain advice from your lawyer and your accountant before entering into a contract. Key questions: Q: When is a Form 2 required when buying a business in South Australia? A: A Form 2 vendor’s statement is required under section 8 of the Land and Business (Sale and Conveyancing) Act 1994 (SA) for the sale of a small business, meaning one sold for total consideration not exceeding $300,000 (excluding GST). In calculating that figure the value of stock-in-trade is excluded, and so is the value of any land included in the sale, so a business sold for $280,000 plus $40,000 of stock still falls within the definition. Q: What is the cooling-off period when buying a small business in SA? A: Where a Form 2 is required it must be served on the purchaser at least five clear business days before settlement. The purchaser can rescind by written notice given before the end of the fifth clear business day after the day of service, or before settlement if earlier. There is no cooling-off right if the Form 2 was served at least five clear business days before the contract was made, and the right can also be given up on a legal practitioner’s certificate of independent advice. Q: What happens if the seller does not provide a Form 2? A: Failing to provide a Form 2, or providing a defective one, is an offence under the Act carrying a maximum penalty of $10,000. A purchaser who has been prejudiced may also have court remedies, which can include rescinding the contract or recovering damages. Waiving the right to receive a Form 2 is generally unwise for a purchaser because it affects those post-settlement remedies as well. Q: Should I buy the assets or the shares of a business? A: In an asset sale you buy identified assets and leave the vendor's company behind with its history and liabilities, which is why most small business sales are structured this way. In a share sale you acquire the company itself, together with its contracts and licences but also its liabilities, including undisclosed ones. Share sales are usually driven by a licence, lease or key contract that cannot be assigned but survives a change of shareholding, and they call for deeper due diligence and stronger warranties and indemnities. Q: Do employees transfer automatically when a business is sold? A: Not in an asset sale. The vendor terminates employment and the purchaser offers new employment. The commercial issues are who bears accrued annual leave and long service leave, and whether prior service is recognised — if it is, the purchaser inherits that liability and the price should reflect it. The position should be stated expressly in the contract, as it is a frequent source of post-settlement dispute. Q: Why does the lease matter so much when buying a retail business? A: For retail and hospitality businesses the lease is often worth more than the physical assets. A business with several years of secured term in a good location is a very different proposition from one holding over month to month. The lease must be properly assigned with the landlord’s consent in the form the lease requires, and the purchaser needs to know the remaining term, whether options are still exercisable, the rent review mechanism, outgoings, make-good obligations and any personal guarantee sought. Obtaining landlord consent commonly takes longer than the parties allow. Q: Is the sale of a business GST-free? A: It can be. The sale of a business as a going concern can be GST-free where the statutory conditions are met, which requires the right contractual terms and both parties being registered for GST. The outcome depends on the drafting and on your particular facts, so it is worth confirming with your lawyer and accountant before the contract is signed rather than afterwards. Q: What searches should I run before buying a business? A: At a minimum, search the Personal Property Securities Register against the vendor and the assets, because leased or financed equipment treated by the vendor as their own is a recurring problem. Alongside that, obtain at least three years of financials with the corresponding tax returns and BAS lodgements and reconcile them against bank statements, test how concentrated the revenue is among customers, confirm which licences and permits are transferable and how long each takes, and check that the deposit is held in a trust account rather than paid to the vendor directly. --- ### Contesting a Will in South Australia: Who Can Claim, and How Long They Have URL: https://zed.legal/blog/contesting-a-will-south-australia Published: 2026-10-06T10:00:00+10:30 · Category: Wills & Estates · 9 min read · Author: Bruno Confalone The Succession Act 2023 changed who can contest a will in South Australia and how a court decides: eligibility narrowed, and the deceased’s own wishes became the primary consideration. The six-month time limit runs from the grant of probate, not the date of death. Here is where the law now stands. Two conversations arrive in a wills and estates practice with some regularity. In the first, someone has read a will and found that a parent left them nothing, or left them markedly less than a sibling. In the second, an executor has a letter from a lawyer acting for a relative and wants to know whether they can simply distribute the estate and be done with it. Both conversations changed on 1 January 2025, when the Succession Act 2023 (SA) commenced. That Act repealed and replaced three pieces of legislation at once — the Wills Act 1936, the Administration and Probate Act 1919 and the Inheritance (Family Provision) Act 1972 — and rewrote the rules on family provision along the way. It is the most significant change to South Australian succession law in decades, and the direction of travel is clear: it is now harder to contest a will, and the will-maker's own reasoning carries more weight than it used to. Two Different Things Called "Contesting a Will" Before anything else, it is worth separating two claims that are routinely confused, because they have different tests, different evidence and different outcomes. Challenging the validity of a will is an attack on the document itself. The argument is that the will should not stand at all — because the will-maker lacked testamentary capacity, because they did not know and approve its contents, because they were unduly influenced, because the will was not properly executed, or because it is a forgery. If the challenge succeeds, the will fails and an earlier will, or the intestacy rules, apply instead. A family provision claim accepts that the will is valid and asks the court to alter its effect. The argument is not that the document is defective but that the deceased failed to make adequate provision for the proper maintenance, education or advancement of someone they should have provided for. This is the claim that Part 6 of the Succession Act governs, and it is what most people mean when they say they want to contest a will. Who Can Make a Family Provision Claim Section 115(1) sets out the categories of eligible applicant. The list is narrower and more conditional than the one it replaced, and the conditions are where most claims now succeed or fail: - A spouse or domestic partner of the deceased. - A former spouse or former domestic partner, subject to the exceptions in section 115(2). - A child of the deceased. - A stepchild, but only where the criteria in sections 115(3) and (4) are met. - A grandchild, in the circumstances set out in section 115(5). - A parent of the deceased who cared for, or contributed to the maintenance of, the deceased — section 115(6). - A sibling of the deceased on the same footing — section 115(7). The tightening is deliberate. A stepchild now generally needs to show something more than the relationship itself: that they are disabled and significantly vulnerable, that they were dependent on the deceased, that they cared for or contributed to the maintenance of the deceased, or that they — or assets built up by their own parent — substantially contributed to the estate. A stepchild who is still a minor can also qualify if the deceased was maintaining them. Parents and siblings must have cared for the deceased or contributed to their maintenance, tested immediately before death or, if the deceased died in residential aged care, immediately before they entered it; a parent can also qualify if the deceased was maintaining them. Adult children who were not dependent and can point to no particular need are in a materially weaker position than they would have been a decade ago. The Six-Month Clock, and What It Runs From This is the detail that causes the most damage, because the intuitive answer is wrong. Under section 118(1), an application must be made within six months after the grant of probate or letters of administration. Not six months from the date of death. Not six months from when you found out about the will. Six months from the date the grant is made. The consequences run in both directions. A person who spends four months grieving and then two months deciding may find that the grant issued early and the window has closed. Equally, where no grant has been taken out, the clock has not started at all — the deceased may have died three years ago and the period may not yet have begun. The court may extend the time under section 118(2), but an application for an extension must be made before the final distribution of the estate (section 118(4)), and anything distributed before that application is made is not disturbed (section 118(5)). Once assets have been distributed to beneficiaries, the ability to obtain an order shrinks quickly and can disappear altogether. If you think you may have a claim, the priority is to find out whether a grant has been made and when, and to notify the executor promptly. Our guide to probate in South Australia explains how and when a grant is obtained. What the Court Now Weighs The most consequential change is in section 116(2), which sets out what the court must consider. The list is headed by the wishes of the deceased, and that placement is not accidental: the testator's intention is now a primary consideration rather than one factor among many. The court also considers any evidence of the deceased's reasons for the provision made in the will, the applicant's vulnerability and dependence, the applicant's contributions to the estate, the applicant's character and conduct, and any other relevant matter. The underlying test remains whether the deceased failed to provide adequately for the applicant's proper maintenance, education or advancement. For anyone making a will, this is the practical takeaway. A clear, contemporaneous record of why an estate has been divided as it has — why one child received more, why another received nothing, what was given during the will-maker's lifetime — is now considerably more valuable than it once was. It does not make a will claim-proof, but it puts the deceased's reasoning squarely in front of the court in their own words. What Is In the Estate, and What Is Not A family provision order operates on the deceased's estate. South Australia has no equivalent of the "notional estate" regime that exists in New South Wales, under which a court can claw back assets that passed outside the will. That distinction decides a great many claims before they start. Property held as joint tenants passes to the surviving joint tenant by survivorship and does not form part of the estate. Superannuation is not an estate asset unless it is paid to the estate, and where a binding death benefit nomination directs it elsewhere it generally stays there. Assets held in a family trust or a company are owned by the trustee or the company, not the deceased. Life insurance paid to a named beneficiary is outside the estate as well. It is entirely possible for a substantial person to die with a modest estate and for a claim against that estate to be barely worth bringing. It is equally possible for an estate plan built around joint ownership and binding nominations to leave very little exposed. That is a legitimate planning consideration, and it is one of the reasons the structure of an estate plan matters as much as the wording of the will — a theme we return to in five things your will must do. If You Are the Executor An executor who distributes an estate in the face of a known or threatened claim can be personally exposed. The safe course is to hold distribution until the six-month period has expired, or until any notified claim is resolved, and to take advice as soon as a claim is intimated rather than after funds have moved. Executors should also resist the assumption that a claim must be defended to judgment. Most family provision claims settle, often at mediation, and the cost of running one to trial can consume a meaningful share of a modest estate. Nor is it safe to assume costs will simply come out of the estate: courts have become notably less willing to treat estate funds as a general indemnity for unsuccessful claims. Our guide for executors sets out the wider administration obligations. How Zed Legal Can Help Our wills and estates practice acts for claimants, executors and beneficiaries in South Australian estate disputes. For a potential claimant, the first questions are eligibility under section 115, whether a grant has been made and when, and what the estate actually holds — often that assessment can be made quickly and can save a great deal of expense. For executors, we advise on responding to a claim, protecting your position before distribution, and resolving matters at mediation where that serves the estate. And for anyone making a will, we draft with an eye to the risk: clear reasoning, sound structure, and provision that reflects what you actually intend. If you have not yet made a will at all, our article on dying without a will in South Australia sets out what happens by default. Time limits in this area are unforgiving. If a grant has been made, contact us at hello@zed.legal sooner rather than later. This article is general information only and current as at October 2026. It is not legal advice and does not take your circumstances into account. Family provision claims under Part 6 of the Succession Act 2023 (SA) depend heavily on the individual facts, and which legislative regime applies to a particular estate can turn on transitional provisions. Please obtain advice specific to your situation before acting or allowing time to run. Key questions: Q: Who can contest a will in South Australia? A: Section 115(1) of the Succession Act 2023 (SA) lists the eligible applicants: a spouse or domestic partner; a former spouse or former domestic partner subject to the exceptions in section 115(2); a child; a stepchild meeting the criteria in sections 115(3) and (4); a grandchild in the circumstances set out in section 115(5); and a parent or sibling who cared for or contributed to the maintenance of the deceased, under sections 115(6) and (7). Q: How long do you have to contest a will in South Australia? A: Six months after the grant of probate or letters of administration is made, under section 118(1) — not six months from the date of death. The court may extend the period under section 118(2), but an application for an extension must be made before the final distribution of the estate, and distributions already made are not disturbed, so a claim becomes much harder once assets have been distributed. Q: What is the difference between challenging a will and a family provision claim? A: Challenging validity attacks the will itself — on grounds such as lack of testamentary capacity, want of knowledge and approval, undue influence, improper execution or forgery — and if it succeeds the will fails. A family provision claim accepts the will is valid and asks the court to alter its effect because the deceased failed to make adequate provision for the proper maintenance, education or advancement of an eligible person. Q: Does the deceased’s intention matter when a will is contested? A: Yes, and more than it used to. Section 116(2) lists the wishes of the deceased first among the matters the court must consider, making the testator's intention a primary consideration. The court also considers evidence of the deceased's reasons for the provision made, the applicant's vulnerability and dependence, their contributions to the estate, and their character and conduct. Q: Can superannuation or jointly owned property be clawed back into an estate in SA? A: Generally no. South Australia has no "notional estate" regime of the kind that exists in New South Wales, so a family provision order operates only on the deceased estate. Property held as joint tenants passes by survivorship, superannuation paid under a binding death benefit nomination to someone other than the estate is not an estate asset, and assets held in a family trust or company are owned by the trustee or company rather than the deceased. Q: Can an executor distribute the estate while a claim is threatened? A: It is risky. An executor who distributes in the face of a known or threatened family provision claim can be personally exposed. The safer course is to hold distribution until the six-month period after the grant has expired, or until any notified claim is resolved, and to obtain advice as soon as a claim is intimated rather than after funds have been paid out. Q: Are the costs of contesting a will paid out of the estate? A: Not automatically. It is a common assumption that estate funds will cover both sides regardless of outcome, but courts have become notably less willing to treat an estate as a general indemnity for unsuccessful claims. Costs are a discretionary matter, and in a modest estate the cost of running a claim to trial can consume a meaningful share of what is in dispute, which is one reason most claims settle at mediation. Q: How can I reduce the risk of my own will being contested? A: Because section 116(2) now places the wishes of the deceased first, a clear contemporaneous record of your reasoning carries real weight — why an estate has been divided as it has, what was given during your lifetime, and why a particular person has received more or less. Structure matters as well as wording, since assets passing outside the estate are generally beyond the reach of a family provision order. Neither approach makes a will claim-proof, so both are best considered when the will is drafted. --- ### Signing a Shop Lease in South Australia: What the Act Gives You, and What It Does Not URL: https://zed.legal/blog/retail-commercial-lease-south-australia-guide Published: 2026-09-29T10:00:00+09:30 · Category: Commercial Law · 9 min read · Author: Bruno Confalone A retail shop lease in South Australia comes with statutory protections a landlord cannot contract out of — a minimum term, a disclosure statement, and a ban on passing on land tax. But those protections switch off above a rent threshold that moved on 1 July 2025. Here is how to tell which side of the line your lease sits on. For most small businesses, the lease is the largest financial commitment the business will ever make and the one least likely to have been read closely. A five-year term at $60,000 a year is a $300,000 obligation, usually personally guaranteed, frequently signed under time pressure because the fitout is booked and the opening date has been advertised. South Australia does more than most states to protect tenants in that position. The Retail and Commercial Leases Act 1995 (SA) implies a set of terms into retail shop leases that a landlord cannot draft around. But those protections are not universal. They depend on whether your lease is caught by the Act at all, and the boundary moved on 1 July 2025. First Question: Does the Act Even Apply? The Act applies to retail shop leases, and its protections fall away where the rent exceeds what the Act calls the prescribed threshold. On 1 July 2025 that threshold rose from $400,000 to $420,000 per annum, exclusive of GST. That change did more than update a number. Because the threshold is tested by reference to rent, an existing lease sitting between $400,000 and $420,000 that was outside the Act on 30 June 2025 came within it on 1 July 2025. For a landlord, that is a significant shift: from that date the lease can no longer be used to recover land tax, a ratchet clause cannot be relied upon, and the tenant cannot be required to undertake capital expenditure. Both parties to a lease near the threshold should check where they now sit rather than assuming the position has not changed. There is also a mechanism that keeps an above-threshold lease outside the Act for its whole term. Under section 4(3), if the rent exceeds the prescribed threshold when the lease is lodged for registration, the landlord lodges it within three months after both parties sign, gives the tenant written notice within one month of lodgement and keeps it registered, the Act does not apply for the term — even if the threshold later rises above the rent. It is not a way to take a below-threshold lease outside the Act. A tenant who is told the Act does not apply should ask precisely why, because the answer is either the threshold or this provision, and both are checkable. From 1 July 2025 there is a further carve-out: the Act no longer applies where the tenant is a body corporate incorporated outside Australia, or is controlled by such an entity. This replaced the older exclusion framed around stock exchange listing, and it is broader. The Five-Year Minimum Section 20B provides that a retail shop lease must ordinarily run for a term of at least five years. The term is calculated on the assumption that any option to renew or extend will in fact be exercised, so a three-year term with a two-year option satisfies the requirement. The point of the provision is to protect a tenant's investment. A business that spends $150,000 on a fitout and two years building local trade should not be exposed to being moved on at the end of a short term. A shorter term is possible, but only where the tenant obtains and provides the prescribed certificate from an independent legal adviser. If you are being asked to sign a two-year lease with no option, that certificate requirement is the reason, and it exists to make sure you have understood what you are giving up. The Disclosure Statement Before a retail shop lease is entered into, the landlord must give the tenant a disclosure statement for the lease, signed by or on behalf of the landlord, under section 12. The tenant must return a signed acknowledgement of receipt within 14 days. The disclosure statement is the commercial counterpart of the Form 1 in a property sale: it sets out, in a standard format, the outgoings the tenant will be responsible for, the trading hours, the fitout obligations, and the other terms that determine what the lease will really cost. Read alongside the lease itself, it is the fastest way to find the gap between the headline rent and the actual annual outlay. Where a disclosure statement is not provided, or is materially deficient, that is not a technicality — it goes to the tenant's rights under the Act. Land Tax Cannot Be Passed On Section 30 prohibits a retail shop lease from requiring the tenant to pay land tax, or to reimburse the landlord for land tax. The landlord's land tax liability may be taken into account in setting the rent, but it cannot appear as a separate recoverable outgoing. This is one of the more commonly breached provisions, usually through a general outgoings clause drafted for another jurisdiction and never adjusted for South Australia. If your outgoings schedule lists land tax, that line is unenforceable in a lease the Act covers, and it is worth raising before you sign rather than after you have paid it for three years. The End of the Lease Is Where Tenants Get Hurt Most disputes we see do not arise at signing. They arise in the final year, when a tenant assumes the lease will roll on and the landlord has other plans. Section 20J requires a landlord to give the tenant written notice of the landlord's intentions at the end of the lease — whether a renewal will be offered and on what terms — at least six months, and not more than 12 months, before the lease expires. That notice exists to give a tenant enough runway to negotiate, to plan a relocation, or to decide whether to sell the business while the lease still has value. If you hold an option, diarise the exercise window the day you sign, not the year it falls due. Options are usually exercisable only within a defined period and strictly in accordance with the lease, and an option exercised a week late is generally no option at all. Holding over past expiry without addressing renewal is the other common trap: a monthly tenancy suits a landlord considering redevelopment far better than it suits a tenant with a fitout in the ground and a business to sell. Two Changes From 2025 Worth Knowing Section 18 implies a warranty that the premises are fit for the purpose for which they are let, and permits a landlord to exclude that warranty by notice. From 1 July 2025, section 18(2a) provides that such an exclusion notice extends to any renewal or extension of the lease, and to a subsequent lease between the same parties for the same premises. A tenant who assumed a fresh lease meant a fresh warranty should not. Separately, from 5 June 2025, where a long-term closure order is made under the tobacco and e-cigarette legislation, either party to a retail shop lease may terminate on 28 days' notice. That is a narrow provision, but for the retail sectors it touches it is a material change to the risk allocation in a lease. Disputes: Start With the Small Business Commission Leasing disputes rarely justify the cost of litigation, and the Act reflects that. Sections 63 to 68A give the Small Business Commission a role in alternative dispute resolution, and reforms commencing 1 July 2025 broadened its jurisdiction, added confidentiality protections, introduced compulsory attendance requirements, and made written agreements reached through that process enforceable in the Magistrates Court. For a tenant in dispute over outgoings, repairs or a rent review, that is usually the sensible first step. It is faster and considerably cheaper than a court, and an agreement reached there now has teeth. How Zed Legal Can Help We act for both tenants and landlords on commercial and retail leasing in South Australia. For tenants, that means reviewing the lease and disclosure statement together before you commit, confirming whether the Act applies to your lease, checking outgoings against section 30, diarising the option and section 20J dates, and negotiating the terms that actually move — fitout contributions, make-good, rent review mechanisms and the scope of any personal guarantee. For landlords, it means leases that are compliant and enforceable rather than borrowed from another state. Where the lease sits inside a larger structure, our corporate law team can look at how the covenant and the guarantees are arranged, an issue we touch on in our article on structuring a small business. If you have a lease in front of you, send it to hello@zed.legal before you sign it. Reviewing a lease is inexpensive. Living with a bad one for five years is not. Sources and Official Guidance - Retail and Commercial Leases Act 1995 (SA) — section 4 (application of the Act), section 12 (disclosure statement), section 18 (warranty of fitness for purpose), section 20B (minimum five-year term), section 20J (notice of the lessor's intentions at the end of the lease), section 30 (land tax) and section 63 (dispute resolution through the Small Business Commission) - Retail and Commercial Leases Regulations 2025 (SA) — regulation 4 (prescribed rent threshold of $420,000 a year, excluding GST) - Small Business Commission SA, Retail and Commercial Leasing Guide and Leases and Bonds This article is general information only and current as at September 2026. It is not legal advice and does not take your circumstances into account. Whether the Retail and Commercial Leases Act 1995 (SA) applies to a particular lease depends on its terms and the applicable threshold, and the Act and regulations may change. Please obtain advice on your specific lease before signing or acting. Key questions: Q: What is the rent threshold for the Retail and Commercial Leases Act in South Australia? A: From 1 July 2025 the prescribed threshold is $420,000 per annum exclusive of GST, up from $400,000. Where the rent exceeds the threshold the Act does not apply. Because the threshold moved, some existing leases with rent between $400,000 and $420,000 that were outside the Act on 30 June 2025 came within it on 1 July 2025. Q: Does a retail shop lease in South Australia have to be for five years? A: Ordinarily yes. Section 20B requires a retail shop lease to be for a term of at least five years, calculated on the assumption that any option to renew or extend will be exercised — so a three-year term with a two-year option qualifies. A shorter term is possible only where the tenant obtains and gives the landlord the prescribed certificate from an independent legal adviser. Q: Can a landlord charge land tax to a retail tenant in SA? A: No. Section 30 prohibits a retail shop lease from requiring the tenant to pay land tax or to reimburse the landlord for it. The landlord's land tax liability may be taken into account in assessing the rent, but it cannot be recovered as a separate outgoing. Outgoings schedules borrowed from other states frequently get this wrong. Q: What is a disclosure statement and when must I receive it? A: Under section 12 the landlord must give the tenant a disclosure statement for the lease, signed by or on behalf of the landlord, before the retail shop lease is entered into. The tenant must return a signed acknowledgement of receipt within 14 days. The statement sets out outgoings, trading hours, fitout obligations and other terms, and is the quickest way to see the difference between the headline rent and the real annual cost. Q: How much notice must a landlord give about renewing a retail lease? A: Section 20J requires the landlord to give the tenant written notice of the landlord's intentions at the end of the lease at least six months, and not more than 12 months, before expiry. If you hold an option, note that it is usually exercisable only within a defined window and strictly in accordance with the lease — an option exercised late is generally ineffective. Q: Can a landlord exclude the Act from applying to a lease? A: Only in defined circumstances. Under section 4(3), a lease whose rent exceeds the prescribed threshold when it is lodged for registration stays outside the Act for its term, even if the threshold later rises, provided the landlord lodges it within three months after both parties sign, gives the tenant written notice within one month of lodgement and keeps it registered. A lease below the threshold cannot be taken outside the Act this way. Since 1 July 2025 the Act also does not apply where the tenant is a body corporate incorporated outside Australia or is controlled by such an entity. Q: Does the fitness-for-purpose warranty apply again when a lease is renewed? A: Not if it was excluded. Section 18 implies a warranty that the premises are fit for the purpose for which they are let and allows a landlord to exclude it by notice. From 1 July 2025, section 18(2a) provides that an exclusion notice extends to any renewal or extension of the lease and to a subsequent lease between the same parties for the same premises, so a fresh lease does not revive the warranty. Q: How are retail lease disputes resolved in South Australia? A: Sections 63 to 68A give the Small Business Commission a role in alternative dispute resolution for leasing disputes. Reforms commencing 1 July 2025 broadened its jurisdiction, added confidentiality protections and compulsory attendance requirements, and made written agreements reached through that process enforceable in the Magistrates Court. For most outgoings, repair and rent review disputes it is the sensible first step before litigation. --- ### The Form 1 Explained: What Must Be Disclosed Before You Buy in South Australia URL: https://zed.legal/blog/form-1-vendor-disclosure-south-australia Published: 2026-09-22T10:00:00+09:30 · Category: Property Law · 9 min read · Author: Bruno Confalone The Form 1 is the single most important document in a South Australian property sale that almost nobody reads properly. It carries the disclosure the law requires, and it starts the clock on your right to walk away. Here is what is in it, when it has to arrive, and what happens when it is wrong. Almost every South Australian who has bought a house has been handed a Form 1. Far fewer have read it. It arrives in a bundle of paperwork, usually from the agent, often at the least convenient moment, and it is easy to file it away as another piece of administrative furniture. That is a mistake, and an expensive one. The Form 1 is the document through which the vendor tells you what is actually wrong with, attached to, or restricted about the land you are buying. It is also the document that starts your cooling-off clock running. Get it right and you have a short, protected window in which to change your mind. Get it wrong and you can find yourself bound to a contract over a property you would not have bought had you known. What the Form 1 Actually Is The Form 1, properly called the vendor's statement, is required by section 7 of the Land and Business (Sale and Conveyancing) Act 1994 (SA). Its form and required particulars are prescribed by the Land and Business (Sale and Conveyancing) Regulations 2025 (SA), which replaced the 2010 regulations and came into operation on 1 September 2025. Its purpose is disclosure, and only disclosure. It is not a warranty that the property is a good buy, it is not a building inspection, and it is not a substitute for your own enquiries. What it does is put you on notice of a defined list of matters affecting the land, certified as accurate by or on behalf of the vendor. Structurally it runs to several parts: the details of the parties, a statement of your cooling-off rights, the vendor or agent's certification that the required particulars have been disclosed, a certification of accuracy, and then the schedule itself, which is where the substance sits. What Has To Be Disclosed The schedule captures the encumbrances and restrictions that do not announce themselves on an inspection. In practice, the entries that matter most often include mortgages and other registered encumbrances; easements and rights of way over the land; restrictive covenants and land management agreements; notices and orders issued by the council or another statutory authority; and the planning position of the land. That last item is worth pausing on. Since the Planning, Development and Infrastructure Act 2016 replaced the old development plans with the Planning and Development Code, the Form 1 discloses the zone, subzone and any overlays applying to the land. Overlays are where a great deal of practical risk lives: a bushfire, flooding, heritage, character or hazard overlay can materially change what you are permitted to build, how you must build it, and what it will cost. Two houses on the same street can sit under quite different overlays. Since 19 March 2021, the Form 1 must also disclose whether the vendor has been advised of the presence of aluminium composite panel cladding on the exterior of a building on the land. This matters most for apartments and mixed-use buildings, where rectification costs fall on the owners corporation and, through it, on you. The Cooling-Off Clock, and Where People Lose It South Australia gives most purchasers of land, including home buyers, a cooling-off period of two clear business days. Two things about that deserve emphasis, because both are routinely misunderstood. The first is what "clear" means. The day of service does not count, and neither do weekends or public holidays. A Form 1 served late on a Thursday afternoon before a long weekend gives you considerably more real time than the same document served on a Monday morning. The second is when the clock starts. It runs from the later of the making of the contract and the service of the Form 1. If the Form 1 comes to you before you sign, the period runs from signing. If it comes afterwards, which is the more common sequence, the period runs from service. This is why the date and manner of service is not a clerical detail; it is the difference between having a right and having lost it. If you do cool off, you give written notice to the vendor or the agent that you do not intend to be bound. The burden of proving you gave that notice in time falls on you, so the method matters. You are then entitled to the return of money paid under the contract; the vendor may keep only a deposit of no more than $100 and any amount paid for an option to purchase. Timing: Private Treaty Versus Auction In a private treaty sale, the vendor must serve the Form 1 on the purchaser at least 10 clear days before settlement. In practice a well-run conveyance gets it out much earlier than that, because the document frequently raises questions that take time to answer. Auctions work on an entirely different footing, and this is the single most important thing for an auction bidder to understand: there is no cooling-off period when you buy at auction. The hammer falls and you are bound. To compensate, the Act requires the Form 1 to be available for inspection at the agent's or auctioneer's office for three business days before the auction, and to be on display at the auction venue for at least 30 minutes before bidding starts. Thirty minutes in a crowded room is not a serious opportunity to review a disclosure document. If you intend to bid, obtain the Form 1 during that three-day window and have it reviewed properly, along with the contract, before auction day. There is no second chance afterwards. The same logic applies to your finance and your building inspection: our article on cooling-off periods in South Australian property transactions goes through how those pieces fit together. When the Form 1 Is Wrong The Act does not merely require a Form 1; it requires an accurate one. Section 10 requires the statement to be accurate as at the time it is served on the purchaser. A Form 1 that is inaccurate or incomplete is defective, and a defective Form 1 has consequences. The most immediate is the cooling-off period. If the document that was served was not a compliant Form 1, the period may not have properly started, which can leave a purchaser with a right to withdraw far later than either party assumed. Beyond that, failing to provide a Form 1 or providing one that is inaccurate is an offence carrying a maximum penalty of $10,000, and a purchaser who has been prejudiced may have court remedies including rescission or damages. A recurring source of error is staleness. The Form 1 speaks as at the date of service, not the date it was drafted. Where a sale is delayed, where a new council order issues, or where something changes on the title between preparation and service, the document has to be brought up to date. Vendors sometimes assume that because the agent prepared the Form 1, responsibility for its accuracy has moved as well. It has not. The obligation sits with the vendor. Waiving Cooling-Off Cooling-off rights can be waived, but not casually. A purchaser may only waive them after obtaining a certificate from an independent solicitor confirming that the purchaser has been advised of the consequences of doing so. There are legitimate reasons to take that step. A vendor with a tight settlement chain may accept one offer over another precisely because it comes without a cooling-off window, and in a competitive market that can be decisive. But it is a genuine surrender of a statutory protection, and it should follow a considered review of the Form 1 and the contract rather than precede it. For Sellers: This Is Your Document Vendors tend to treat the Form 1 as something that happens to them. It is worth reframing. The Form 1 is your certification, it carries your liability, and the quality of the searches behind it determines whether your sale settles cleanly or unravels. The practical points are straightforward. Order the searches early rather than at the last moment, so there is time to resolve anything unexpected. Disclose fully, including matters you suspect a buyer might not like, because non-disclosure is a far worse outcome than an awkward conversation. Tell whoever is preparing the document about anything you know that a title search will not reveal, such as correspondence from the council or a dispute with a neighbour over a boundary. And have the finished document reviewed before it is served, not after. How Zed Legal Can Help Conveyancing is core work for us, and the Form 1 is where a good conveyance either earns its fee or does not. For purchasers, we review the Form 1 and the contract together, explain what the encumbrances, notices and overlays actually mean for what you intend to do with the property, and make sure the cooling-off position is calculated correctly rather than assumed. For vendors, we prepare and certify the statement, run the searches behind it, and keep it accurate through to service. Where a matter raises a question that goes beyond the conveyance, our property law team can take it further. If you are not sure whether your transaction needs a lawyer or a conveyancer, we set out the difference in this article. If you have a Form 1 in front of you and a decision to make, contact us at hello@zed.legal before the clock runs down. Sources and Official Guidance - Land and Business (Sale and Conveyancing) Act 1994 (SA) — section 5 (cooling-off), section 7 (vendor's statement), section 10 (accuracy of particulars) and section 11 (auctions) - Land and Business (Sale and Conveyancing) Regulations 2025 (SA) — Form 1, the prescribed vendor's statement, including Part B on the purchaser's cooling-off rights - SA Government, Buying a home and Selling your home This article is general information only and current as at September 2026. It is not legal advice and does not take your circumstances into account. Disclosure obligations, prescribed forms and cooling-off rights are governed by the Land and Business (Sale and Conveyancing) Act 1994 (SA) and the regulations made under it, which may change. Please obtain advice specific to your transaction before signing or serving anything. Key questions: Q: What is a Form 1 in South Australia? A: A Form 1, or vendor's statement, is the disclosure document a vendor must serve on a purchaser under section 7 of the Land and Business (Sale and Conveyancing) Act 1994 (SA). It discloses matters affecting the land — mortgages and encumbrances, easements, covenants, council and statutory notices, the planning zone, subzone and overlays, and whether the vendor has been advised of aluminium composite panel cladding. Its form is prescribed by the Land and Business (Sale and Conveyancing) Regulations 2025 (SA). Q: How long is the cooling-off period in South Australia? A: Two clear business days. The day of service is not counted, and weekends and public holidays are excluded. The period runs from the later of the making of the contract and the service of the Form 1, so a Form 1 served after signing starts the clock from the date of service. Q: When must the Form 1 be served? A: In a private treaty sale the vendor must serve the Form 1 at least 10 clear days before settlement. For an auction, the Form 1 must be available for inspection at the agent's or auctioneer's office for three business days before the auction and on display at the venue for at least 30 minutes before bidding begins. Q: Is there a cooling-off period when you buy at auction in SA? A: No. There is no cooling-off period for a purchase at auction. That is why the Form 1 must be available for inspection in the days before the auction, and why finance, building inspections and a review of the Form 1 and contract all need to be completed before you bid rather than after. Q: What happens if the Form 1 is inaccurate or is never served? A: Section 10 requires the statement to be accurate as at the time it is served. A defective Form 1 can mean the cooling-off period never properly started, which may leave a purchaser able to withdraw much later than expected. Failing to provide a Form 1, or providing an inaccurate one, is also an offence carrying a maximum penalty of $10,000, and a purchaser who has been prejudiced may have remedies including rescission or damages. Q: Can I waive my cooling-off rights? A: Yes, but only after obtaining a certificate from an independent solicitor confirming you have been advised of the consequences. Waiver is sometimes used to make an offer more attractive to a vendor, but it is a genuine surrender of a statutory protection and should follow a proper review of the Form 1 and the contract. Q: Who is responsible for the accuracy of the Form 1 — the vendor or the agent? A: The obligation rests with the vendor, even where the agent or a conveyancer prepares the document. The statement must be accurate as at the date of service rather than the date it was drafted, so where a settlement is delayed or a new order or notice issues, the Form 1 must be updated before it is served. Q: Why do the planning zone and overlays on a Form 1 matter? A: Because they govern what you can do with the land. Under the Planning and Development Code made under the Planning, Development and Infrastructure Act 2016, the zone, subzone and any overlays determine what development is permitted and on what conditions. Bushfire, flooding, heritage, character and hazard overlays in particular can materially change what you may build, how it must be built, and what it will cost. --- ### Apostille or Authentication? Getting South Australian Documents Accepted Overseas URL: https://zed.legal/blog/apostille-authentication-documents-overseas-sa Published: 2026-09-04T07:00:00+09:30 · Category: Notary · 8 min read · Author: Bruno Confalone A degree, a birth certificate or a power of attorney that is perfectly valid in Adelaide can be refused outright the moment it crosses a border. Here is how document legalisation actually works in 2026 – the apostille, the authentication, what DFAT will and will not touch, and the sequencing mistakes that send documents back. A South Australian birth certificate is a genuine public record. A University of Adelaide testamur is a genuine qualification. A power of attorney signed in front of an Adelaide solicitor is a genuine legal instrument. And yet each of them can be handed back across a counter in Ho Chi Minh City, Milan or Dubai with a single line of explanation: this is not legalised. The reason is simple enough. A clerk in a foreign ministry has no way of knowing whether the signature on your document belongs to a registrar, a chancellor or a stranger with a good printer. Legalisation solves that problem by building a chain of certification that the receiving country already trusts. Getting that chain right is not difficult, but it is unforgiving of sequence – and it is where most delays and refusals originate. We covered when you need a notary public in an earlier article. This one goes a step further, into what happens after the notary's seal goes on. Two Routes, and the Destination Decides Which There are only two possible paths, and which one applies depends entirely on where the document is going. An apostille is a single certificate issued by the Department of Foreign Affairs and Trade (DFAT) under the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents – the Apostille Convention. It is attached directly to your document, it confirms that the signature and seal on it are genuine, and every other country party to the Convention is obliged to accept it without further formality. One certificate, one government department, done. An authentication is what DFAT issues when the destination country is not a party to the Convention. On its own it is not enough. The document must then be taken to the embassy or consulate of the destination country in Australia for consular legalisation – a second step, with its own fees, its own forms and its own processing times. The order is fixed: notarisation, then DFAT, then the consulate. A document taken to a consulate before DFAT has authenticated it will simply be returned. One point that surprises people: DFAT will not tell you which one you need. Its published position is that only the overseas authority that asked for the document can say what it requires. Before anything else, ask the receiving university, bank, registry or court – in writing – exactly what they want and in what form. Who Is In the Convention – Including Some Recent Arrivals As at mid-2026 there were 130 contracting parties to the Apostille Convention, and the list has moved considerably in the last three years. Several of those changes matter a great deal to South Australian families and businesses: - China – in force since 7 November 2023. Documents for mainland China no longer need consular legalisation; an apostille is sufficient. - Canada – in force since 11 January 2024. - Algeria – in force since 9 July 2026. - Viet Nam – in force from 11 September 2026, days after this article is published. - Thailand – in force from 28 February 2027. If your document is bound for Viet Nam or Thailand, the timing is worth thinking about carefully rather than assuming. A document presented before the Convention takes effect for that country still needs the older authentication-and-consulate route, and a consulate may keep applying its established process for a period afterwards. Where a deadline sits close to a commencement date, confirm the position with the receiving authority before you lodge anything. There is also a wrinkle that rarely comes up but is worth knowing about. When a new country accedes, existing parties have a window in which to object, and where an objection is made the Convention simply does not operate between those two countries – so an apostille from one will not be accepted in the other. It is a further reason to confirm requirements with the receiving authority rather than relying on a general list of member states. The Step Most People Miss: DFAT Will Not Touch Most Documents This is the single most useful thing to understand about the process. DFAT will only legalise three categories of document: - originals issued by Australian government agencies or officials; - originals issued by Australian tertiary education institutions; and - copies notarised by an Australian notary public. Everything else falls into the third category or nowhere at all. A contract, a company resolution, a statutory declaration, a power of attorney, a copy of your passport, a copy of a degree you are not willing to post interstate – none of these can go to DFAT as they stand. They become eligible only once a notary public has notarised them, because it is the notary's specimen signature and seal that DFAT holds on file and checks against. That is the real function of a notary in this process. The notary is not adding a decorative stamp; the notary is the entry point to the chain. Without that step, a private document has nothing DFAT can verify. It also explains why a Justice of the Peace cannot do this work. A JP's certification is perfectly good for domestic purposes, but there is no specimen on DFAT's file to check it against, and no international instrument that obliges a foreign authority to recognise it. What South Australians Actually Send Overseas In practice, the documents that come through an Adelaide notarial practice fall into a fairly consistent set: - Personal records – birth, marriage and death certificates issued by Births, Deaths and Marriages, for foreign marriages, citizenship applications, pensions and inheritance claims. - Qualifications – degrees and transcripts from the University of Adelaide, Flinders or UniSA, and AHPRA registration certificates, for overseas registration boards and employers. - Character and identity documents – national police checks and notarised copies of passports and drivers licences, usually for visa or employment purposes. - Powers of attorney – authorising a relative overseas to sell property, close a bank account or administer a deceased estate abroad. These almost always have to be drafted in the form the foreign jurisdiction expects, not the South Australian form. - Corporate documents – ASIC company extracts, constitutions, director and shareholder resolutions and certificates of good standing, for foreign subsidiaries, tenders and banking. - Single-status declarations – statutory declarations of freedom to marry, for weddings overseas. Estate matters deserve a particular mention. Where a South Australian executor is dealing with assets held abroad – a European bank account, an apartment, a share parcel – the foreign institution will generally want notarised and apostilled copies of the grant, the will and the death certificate before it will release anything. That work sits alongside the ordinary estate administration, and it takes longer than most executors expect. What It Costs and How Long It Takes DFAT charges $105 per document for an apostille or an authentication, indexed to CPI each 1 January. The critical word is per document: a bundle of eight certificates is eight fees, not one. Notarial fees are separate again, as are consular fees where the destination is outside the Convention. You can lodge with DFAT two ways. In person, by appointment, at an Australian Passport Office – Adelaide is one of eight offices nationally, and appointments must be booked in advance; someone can attend on your behalf. Or by registered post to the Authentications Section, at either the Melbourne or Sydney GPO box. If you post, you must include the completed request form, the original documents, credit card authorisation and a self-addressed registered post envelope. Incomplete mail requests are not processed – they are returned to you with a letter, and you start again. Timing is the part worth planning around. DFAT checks each signature or seal against its specimen database and may need to contact the issuing authority, which adds time, and demand peaks at the end of the academic year and around holiday periods. Add the notarial appointment before it, and consular legalisation after it where required, and the honest planning horizon for an overseas deadline is weeks, not days. Australia does not currently issue electronic apostilles, so every step involves physical documents moving between offices. Five Reasons Documents Come Back Almost every rejection we see traces back to one of these: - The document was signed before the appointment. A notary witnesses execution – they cannot certify a signature they did not see made. Bring documents unsigned unless you have been told otherwise. - A JP certified the copy. Domestically fine, internationally inert, and it cannot be fixed by adding an apostille on top. - The wrong chain was used. An apostille on a document bound for a non-Convention country, or a consular stamp obtained before DFAT authentication, means starting over. - Names do not match. A maiden name on a degree, an anglicised spelling on a passport, a middle name on one document and not another. Foreign registries are strict about this, and the fix is usually a further notarised declaration of identity. - Translation handled as an afterthought. Many countries require a translation to be bound into and certified as part of the notarial act, or completed by a translator they themselves accredit. A translation stapled on afterwards is often refused. To that list add one quiet trap: some jurisdictions will only accept a certificate issued within the last three or six months, so an old birth certificate in the bottom drawer may need to be reissued by Births, Deaths and Marriages before any of this begins. Getting the Order Right Reduced to its essentials, the sequence is: confirm exactly what the receiving authority requires; obtain current original documents where originals are needed; have private documents and copies notarised; lodge with DFAT for an apostille or an authentication; and, if the destination is outside the Convention, take the authenticated document to that country's consulate. Every step depends on the one before it, which is why a mistake at the start is so expensive at the end. How Zed Legal Can Help We provide notary public services in Adelaide for documents that need to travel. We confirm what the destination country actually requires before anything is signed, draft or review powers of attorney and declarations in the form the foreign jurisdiction expects, notarise documents and certify true copies, and arrange the apostille or DFAT authentication so the document is accepted first time. Where the underlying matter is an immigration, corporate or estate one, the same firm can handle both sides of it. If you have been asked for a notarised, apostilled or legalised document and are not sure what that means in practice, contact us at hello@zed.legal with the request you received and the deadline you are working to, and we will tell you what the chain looks like for your document. This article is general information only and is current as at September 2026. It is not legal advice and does not take your circumstances into account. Fees, processing times and the list of countries party to the Apostille Convention change; requirements also vary between destination countries and between institutions within them. Please obtain advice specific to your document and destination before lodging anything. Key questions: Q: What is the difference between an apostille and an authentication? A: Both are certificates issued by the Department of Foreign Affairs and Trade confirming that a signature or seal on an Australian document is genuine. An apostille is used where the destination country is party to the Hague Apostille Convention, and it is the final step – no further formality is required. An authentication is used where the destination country is not a party, and it is only an intermediate step: the document must then be taken to that country’s embassy or consulate in Australia for consular legalisation. Q: How much does an apostille cost in Australia? A: DFAT charges $105 per document for either an apostille or an authentication, and the fee is indexed to the consumer price index each 1 January. The fee applies to each document, so a bundle of certificates attracts a fee for each one. Notarial fees are charged separately, as are consular fees where the destination country is outside the Apostille Convention. Q: Can I get an apostille in Adelaide? A: Yes. Documents can be lodged in person by appointment at the Australian Passport Office in Adelaide, which is one of eight DFAT offices nationally that accept legalisation requests. Appointments must be booked in advance and someone can attend on your behalf. Documents can also be sent by registered post to the Authentications Section in Melbourne or Sydney, with the completed request form, credit card authorisation and a self-addressed registered post envelope. Q: Which documents will DFAT legalise? A: Only three categories: originals issued by Australian government agencies or officials, originals issued by Australian tertiary education institutions, and copies notarised by an Australian notary public. Anything else – contracts, powers of attorney, company resolutions, statutory declarations, copies of identity documents – must be notarised by a notary public first, because it is the notary’s specimen signature and seal that DFAT verifies against its records. Q: Do documents for China still need consular legalisation? A: No. The Apostille Convention entered into force for mainland China on 7 November 2023, so Australian public documents bound for China now require only notarisation where applicable and a DFAT apostille. Separate arrangements can apply to Hong Kong and Macao, and individual Chinese institutions occasionally lag behind the change, so confirm the requirement with the receiving organisation before lodging. Q: When does the Apostille Convention start applying to Viet Nam? A: The Convention enters into force for Viet Nam on 11 September 2026, and for Thailand on 28 February 2027. Documents presented before those dates generally still require the authentication and consular legalisation route, and consulates may continue to apply their established processes for a period afterwards. If a deadline falls near a commencement date, confirm the position with the receiving authority first. Q: How long does the whole process take? A: Plan in weeks rather than days. DFAT checks each signature against a specimen database and may need to contact the issuing authority, which adds time, and demand rises at the end of the academic year and during holiday periods. A notarial appointment comes before that step and consular legalisation, where required, comes after it. Australia does not issue electronic apostilles, so physical documents must move between offices at each stage. Q: Can a Justice of the Peace certify a document for use overseas? A: Generally not. A JP can witness statutory declarations and certify copies for use within Australia, but DFAT holds no specimen signature for JPs and no international instrument obliges a foreign authority to accept their certification. A document certified by a JP cannot be rescued by adding an apostille – it has to be notarised properly by a notary public. --- ### What Happens If You Die Without a Will in South Australia? URL: https://zed.legal/blog/dying-without-a-will-south-australia Published: 2026-09-01 · Category: Wills & Estates · 9 min read · Author: Bruno Confalone If you die without a will in South Australia, a formula in the Succession Act 2023 decides who inherits — not your family, and not you. Here is exactly how the formula works, the $120,000 preferential legacy, and the two situations where it goes wrong most often: blended families and unmarried partners. Very few people decide to die without a will. They meant to get around to it; or they had one drawn up years ago and never signed it; or they assumed that everything would simply pass to their partner in any event. What actually happens is more mechanical than that. Dying without a valid will is called dying intestate, and South Australia then applies a formula set out in the Succession Act 2023 (SA) — the legislation that replaced our old succession laws on 1 January 2025. The formula decides who receives what, in what shares, regardless of what you would have wanted, what you promised someone, or what your family agrees would be fair. Below is what the formula actually says, the assets it does not touch, and the two situations where it causes the most damage: blended families, and partners who never married. First: not everything you own forms part of your estate Before the formula applies to anything, you have to work out what is in the estate at all. Several of the largest assets people own usually sit outside it: - Superannuation is not automatically an estate asset. It is held by your fund's trustee, and where it goes depends on your death benefit nomination — a binding nomination, a non-binding one, a reversionary pension, or no nomination at all, in which case the trustee decides. Superannuation often includes life insurance, which makes it one of the largest sums in play. - Property held as joint tenants passes automatically to the surviving owner by survivorship. It never enters the estate. Property held as tenants in common does, which is why the way a title is held matters enormously. - Life insurance held outside super with a nominated beneficiary is paid to that person directly. - Assets held in a family trust or a company are not yours to leave; what passes is control of the structure, which is a separate question again. This cuts both ways. It means a surviving partner may be far better provided for than the intestacy formula alone suggests — or far worse, if the super nomination lapsed and the house was held as tenants in common. The formula Where there is a spouse or domestic partner and children, the survivor first receives a fixed sum known as the preferential (or statutory) legacy. For deaths on or after 1 January 2025 that figure is $120,000, increased from the $100,000 that applied under the old legislation. The rest is then divided according to who survives you: Who survives youWho receives the estate Spouse or domestic partner, no childrenThe whole estate Spouse or partner and children, estate worth $120,000 or lessThe whole estate to the spouse or partner Spouse or partner and children, estate worth more than $120,000To the spouse or partner: personal effects and household goods, the first $120,000, and half of what remains. To the children: the other half, in equal shares Both a spouse and a domestic partnerShared equally between them, unless the Supreme Court orders a different division Children but no spouse or partnerEqually between the children; a child who died before you is represented by their own children No spouse, partner or childrenParents; then brothers and sisters; then grandparents; then aunts and uncles; then their children — each class only if no one in the class above survives No surviving relative in any of those classesThe Crown A surviving spouse or domestic partner also has a limited right to elect to take the family home as part of their entitlement, exercisable within three months. It is a useful protection, but it is not a free pass: if the home is worth more than their share of the estate, they generally have to fund the difference. The blended-family squeeze This is where the formula does its quietest damage. Take a common Adelaide situation: a second marriage, a home worth $900,000 held in one name only, and two adult children from a first marriage. If the owner dies without a will, the surviving spouse receives $120,000 plus half of the remaining $780,000 — $510,000 in total. The two children share the other $390,000, or $195,000 each. Nobody in that example has done anything wrong. The children are entitled to their shares and will usually want them. But the only substantial asset is a house, and the surviving spouse cannot pay out $390,000 without either selling it or borrowing against it — at exactly the moment they are least able to absorb a move. A will could have given that spouse a right to remain in the home for life, with the capital passing to the children afterwards. The formula has no way to express that idea. If you are not married, your partner is not automatically anything The Act recognises a domestic partner, but not simply because you lived together. A partner qualifies if the relationship was registered under the Relationships Register Act 2016 (SA), or if they are declared to have been your domestic partner under the Family Relationships Act 1975 (SA) — broadly, where you lived together continuously for three years, or for periods totalling three years out of the previous four, or had a child together. The practical consequence is the part people miss. Without a registered relationship, that declaration is a separate court application, made by a grieving partner, requiring evidence about a private relationship, and it happens before the estate can be dealt with. It adds cost, delay, and — if another family member disputes it — genuine conflict. Two related traps are worth stating plainly: - Separation is not divorce. If you have separated but never divorced, your legal spouse remains your spouse for intestacy purposes, and may share in your estate alongside a new partner. - Stepchildren you never adopted receive nothing under the formula, no matter how long you raised them. Nor do friends, carers, charities, or a sibling you meant to look after. Someone still has to be appointed to administer the estate With no will there is no executor, so nobody has authority to deal with the estate until the Supreme Court appoints an administrator by granting letters of administration. Priority broadly follows the entitlement order — the surviving spouse or domestic partner first, then children, then parents, then siblings — and the application is lodged electronically through CourtSA with an administrator's oath, a full statement of assets and liabilities, and identity verification. Small holdings can sometimes avoid that. The Succession Act allows an institution holding personal property worth up to $15,000 to release it to a surviving spouse, partner or child without a grant. Beyond that threshold, banks, share registries and Land Services SA will want to see the grant before anything moves. We have set out how the process works in more detail in our guide to probate in South Australia, and what the role involves in our guide for executors. Two further points matter where children are young. Intestacy gives you no way to appoint a guardian, so who raises your children may end up being decided by a court. And a minor's share is held on trust until they turn 18, at which point it is paid out in full — with no ability to stagger it, protect it, or attach any conditions. Dying intestate does not stop a claim being made Family provision claims are still available against an intestate estate. Eligible family members — spouses, domestic partners, former partners, children, and in defined circumstances stepchildren, grandchildren, parents and siblings — can apply to the Court for greater provision, generally within six months of the grant. There is an irony here worth noting. The Succession Act now requires the Court to give real weight to the deceased's wishes and reasons. Where there is no will, there is no record of those wishes at all — so the one factor that might have protected the estate from a claim simply does not exist. What a will does that the formula cannot - Choose who is in charge. An executor you selected, rather than whoever is first in line and willing to apply. - Balance a partner against children from an earlier relationship — a right to reside, a life interest, or a staged distribution instead of an immediate split. - Appoint guardians for children who are still minors. - Use testamentary trusts where a beneficiary is young, vulnerable, in a difficult marriage, in business, or receiving a pension. - Provide for people the formula ignores — stepchildren, a carer, a friend, a charity. - Deal with specific things specifically: the business, the shack, the jewellery, the family photographs. - Line up superannuation and insurance with the rest of the plan, rather than leaving them to a lapsed nomination. - Record your reasons, which is now one of the more useful defences against a later claim. Our note on five things your will must do covers what a properly drawn will should achieve beyond simply naming beneficiaries. If you already have a will, it may not be doing what you think An out-of-date will can produce a partial intestacy — where part of the estate passes under the will and the rest falls back to the formula. That happens when a beneficiary dies first, when a specific gift no longer exists, or when the will simply never dealt with the residue. Two events change things automatically. Marrying, or registering a relationship, revokes an earlier will unless it was made in contemplation of that marriage or relationship. Divorce, or revoking a registered relationship, cancels gifts to the former partner and their appointment as executor. Buying a property, starting a business, separating, or a death in the family are all worth a review — as is knowing where the signed original is kept, since a copy is not the same thing. We have written separately on why it pays to have a lawyer prepare a will, power of attorney and advance care directive. How Zed Legal can help Zed Legal prepares wills, powers of attorney and advance care directives for clients across South Australia at a fixed, quoted fee, and we act for executors and administrators through the whole of an estate — including where there is no will and letters of administration are needed. If someone in your family has died without a will, the sooner the position is mapped out the fewer irreversible steps get taken. If it is your own will that has been on the list for a while, it is usually a short conversation and a shorter document than people expect. Call (08) 8166 7569 or email hello@zed.legal. We reply within one business day, and the first conversation is obligation-free. This article is general information only and is current as at August 2026. It is not legal advice and does not take your circumstances into account. Entitlements, thresholds and procedures under the Succession Act 2023 (SA) may change. Please obtain advice specific to your situation. Key questions: Q: Who inherits if I die without a will in South Australia? A: The Succession Act 2023 (SA) sets a fixed order. A spouse or domestic partner with no children takes the whole estate. Where there are children as well, the spouse or partner takes personal effects, the first $120,000 and half of the balance, and the children share the other half equally. If there is no spouse, partner or children, the estate passes to parents, then siblings, then grandparents, then aunts and uncles and their children — and if no relative in any of those classes survives, to the Crown. Q: How much does a spouse get if there is no will in SA? A: For deaths on or after 1 January 2025 the preferential legacy is $120,000, up from $100,000 under the previous legislation. Where there are also children and the estate is worth more than that, the surviving spouse or domestic partner receives household goods and personal effects, the first $120,000, and half of the remaining balance. If the estate is worth $120,000 or less, the spouse or partner receives all of it. Q: Does my de facto partner automatically inherit if we are not married? A: Not automatically. Your partner must either have been in a relationship registered under the Relationships Register Act 2016 (SA), or be declared your domestic partner under the Family Relationships Act 1975 (SA) — generally requiring three years of continuous cohabitation, three years out of the previous four, or a child of the relationship. Where the relationship was not registered, that declaration is a separate court application your partner must bring after your death, which adds cost, delay and the risk of a family dispute. A will avoids the question entirely. Q: Do stepchildren inherit under South Australian intestacy rules? A: No. The intestacy formula recognises legal relationships — marriage, a registered or declared domestic partnership, and blood or adoptive descent. A stepchild you never adopted receives nothing under the formula regardless of how long you raised them, although they may in defined circumstances be eligible to bring a family provision claim against the estate. Q: Does superannuation form part of my estate if I die without a will? A: Usually not automatically. Superannuation is held by the fund trustee, and where it goes depends on your death benefit nomination — binding, non-binding, reversionary, or none, in which case the trustee decides. Because super often includes life insurance, it can be the largest single sum involved, and it is common for it to pass entirely outside the intestacy formula. The same applies to property held as joint tenants, which passes to the surviving owner by survivorship. Q: Who applies to administer an estate when there is no will? A: Someone must apply to the Supreme Court of South Australia for letters of administration. Priority broadly follows the entitlement order — surviving spouse or domestic partner, then children, then parents, then siblings. The application is lodged electronically through CourtSA with an administrator’s oath, a statement of the assets and liabilities, and identity verification. Personal property worth up to $15,000 can sometimes be released to a spouse, partner or child without a grant. Q: Can someone still contest an estate if there was no will? A: Yes. Family provision claims can be made against an intestate estate by eligible family members, generally within six months of the grant. The Succession Act 2023 requires the Court to weigh the deceased’s wishes and reasons — which, when there is no will, do not exist in any recorded form. That absence tends to make an intestate estate harder to defend, not easier. Q: What is a partial intestacy? A: A partial intestacy happens where there is a valid will but it does not dispose of everything — commonly because a beneficiary died first, a specific gift no longer exists, or the will never dealt with the residue of the estate. The part that is not effectively dealt with passes under the intestacy formula, which frequently produces a result the will-maker never intended. It is one of the more common reasons to have an older will reviewed. --- ### Do I Need a Lawyer or a Conveyancer in South Australia? URL: https://zed.legal/blog/lawyer-vs-conveyancer-sa Published: 2026-08-12 · Category: Property Law · 8 min read · Author: Bruno Confalone In South Australia you can use either a registered conveyancer or a lawyer to buy or sell property. For a straightforward transaction, a good conveyancer will do the job well. Here is where the line actually falls — and how to tell which one your matter needs before you sign. It is one of the first decisions you make when buying or selling property in South Australia, and it is usually made at the worst possible moment — a contract is already in front of you, the agent has recommended someone they use often, and the cooling-off clock has started running. The honest answer is this: in South Australia you can use either a registered conveyancer or a lawyer, and for a genuinely straightforward transaction a good conveyancer will do the job well. The distinction starts to matter when something about the transaction is not routine — and the difficulty is that you often cannot tell whether it is routine until someone has read the contract properly. Below is a plain-English guide to what each can do, where the line actually falls, and how to decide before you commit. What is the same Both registered conveyancers and lawyers are qualified, licensed and insured to carry out conveyancing in South Australia. For a standard residential purchase or sale, the day-to-day work looks much the same whoever you appoint: - Reviewing the contract and the Form 1 vendor's statement - Title, council and statutory searches - Preparing and lodging transfer documents - Calculating adjustments for rates, water and land tax - Stamp duty through RevenueSA and registration with Land Services SA - Electronic settlement through PEXA - Identity and source-of-funds verification under the AML rules that began on 1 July 2026 Both are regulated and both carry professional indemnity insurance — registered conveyancers under the Conveyancers Act 1994 (SA), administered by Consumer and Business Services, and lawyers under the Legal Practitioners Act 1981 (SA), through the Law Society of South Australia and the Legal Profession Conduct Commissioner. So the real question is not who is more careful, or who is better at moving a title from one name to another. It is what happens when your transaction throws up something that is not, strictly speaking, conveyancing. Where the line actually falls A registered conveyancer's work is limited by statute to conveyancing work — broadly, preparing and lodging the documents needed to give effect to a dealing in land. A conveyancer cannot give legal advice outside that scope, cannot act for you in a dispute, and cannot appear in a court or tribunal. This is not a criticism of conveyancers. It is the boundary the legislation draws around their registration, and a conscientious conveyancer will tell you plainly when you have reached it. The point is simply that the boundary exists, and it is worth knowing where it sits before you need to cross it. What you needRegistered conveyancerLawyer Standard purchase or sale, searches and settlementYesYes Checking the contract and Form 1YesYes Certificate to waive the cooling-off periodNo — the Act requires a legal practitionerYes Advising on and negotiating unusual special conditionsLimited — can shade into legal adviceYes Buying through a company, trust or SMSFUsually refers outYes Deceased estates and transmission applicationsUsually refers outYes Transfers as part of a separation or divorceUsually refers outYes Easements, encroachments, caveats and title defectsUsually refers outYes Acting for you in a dispute or breach of contractNoYes Client legal privilege over your communicationsGenerally not availableYes When a registered conveyancer is enough Plenty of South Australian transactions are exactly what they appear to be, and there is no reason to over-engineer them. A registered conveyancer is a sensible choice where you are buying or selling an established residential property in your own name, the title is clean and unencumbered, the contract is the standard form with no unusual special conditions, finance is straightforward, and neither side is under pressure or in dispute. If that describes your matter, the most useful thing you can do is simply appoint someone early — before you sign, not after — so there is time to read the contract properly rather than racing the two-clear-business-day cooling-off window. When you want a lawyer The situations below come up more often than people expect, and each involves legal questions that sit outside conveyancing work: - Off-the-plan contracts. Sunset clauses, permitted variations, deposit terms and valuation risk at settlement are contract law problems, not settlement mechanics. We have written separately on what to look for in an off-the-plan contract. - Buying through a company, trust or self-managed super fund. How the purchase is structured affects duty, tax and succession for years afterwards — and since 10 August 2026 there are new restrictions on SMSF borrowing for residential property. - Deceased estates. Selling a property from an estate involves probate, transmission applications and the executor's duties to beneficiaries, which sit alongside estate administration rather than inside conveyancing. - Separation and divorce. A transfer between former partners has family law and duty consequences that need to be handled together, not sequentially. - Title problems. Easements, encroachments, unregistered interests, caveats and boundary disputes all require advice on legal rights, not just disclosure of their existence. - Commercial and mixed-use property. Existing leases, GST and going-concern treatment, and business assets sold with the premises take the matter well beyond a residential settlement. - Related-party and family transfers. Gifts, transfers between family members and arrangements involving a loan or a life interest need to be documented properly, and often need a will reviewed at the same time. - Anything that becomes contentious. A vendor who will not settle, a purchaser who cannot fund, a misdescription in the Form 1 or a failed special condition — the moment a transaction turns into a dispute, a conveyancer must hand it to a lawyer in any event. Two of these deserve emphasis, because they are the ones that most often surprise people: buying through a structure, and anything touching an estate. Both look like ordinary purchases on the face of the contract, and both can be expensive to unwind if the structure or the timing is wrong. The point nobody mentions: privilege Confidential communications between a client and a lawyer, made for the purpose of obtaining legal advice, attract client legal privilege. That protection generally does not extend to communications with a registered conveyancer. For most transactions this never becomes relevant. But if a purchase or sale later ends up in a dispute — with the other party, with a co-owner, with the Commissioner of State Taxation, or in a family law proceeding — the question of what you said to your adviser, and when, can matter a great deal. It is a quiet difference, and one worth knowing about at the start rather than discovering later. Does a lawyer cost more? This is the assumption that drives most of these decisions, and it is worth testing rather than accepting. In South Australia, fees for standard residential conveyancing are broadly comparable between registered conveyancers and law firms that do this work regularly. The headline figure is rarely where the real difference lies. What matters more is what the quote actually includes, and what happens when something goes wrong. If a matter has to be referred to a lawyer partway through — because a title issue emerges, or the vendor refuses to settle, or the structure turns out to be unsuitable — you generally pay for the conveyancing and then pay again for the legal advice, often under time pressure. Having the legal capability in place from the beginning is usually the cheaper path, not the more expensive one. When you compare quotes, compare like with like: ask for a fixed fee, ask what disbursements sit on top of it, and ask what happens — and what it costs — if the matter stops being routine. What to ask before you appoint anyone - Are you a registered conveyancer or a law practice? - Is the fee fixed, and what disbursements are additional? - Who will actually handle my file day to day? - Can you review the contract before I sign, rather than during cooling-off? - Have you handled this type of matter before — off-the-plan, an estate, a trust or company purchase, commercial premises? - What happens if a title issue or a dispute arises? Who deals with it, and at what cost? The last question is the most revealing one. A clear answer to it tells you more about how your matter will be handled than any quote. How Zed Legal can help Zed Legal is a law practice, so your conveyancing is handled by a qualified lawyer at a fixed, transparent fee — you are not choosing between good settlement service and legal advice, and you are not paying a premium for the combination. If the transaction is straightforward, it is handled efficiently and you hear from us when there is something to say. If it is not, the advice is already in the room. We act for buyers and sellers throughout South Australia, including interstate and overseas clients, and regularly handle the matters that sit at the edge of conveyancing work — title and property law issues, purchases through companies, trusts and SMSFs, estate sales, and transfers arising from separation. Bruno Confalone, our principal, has been appointed to the PEXA Advisory Council for 2026–2027, bringing a practitioner's perspective to the development of electronic conveyancing nationally. If you have a contract in front of you — or you are about to list — send it to us before you sign. Call (08) 8166 7569 or email hello@zed.legal for a fixed-fee quote. We reply within one business day, and there is no obligation. This article is general information only and is current as at August 2026. It is not legal advice and does not take your circumstances into account. The scope of work a registered conveyancer may perform is set by the Conveyancers Act 1994 (SA) and may change. Please obtain advice specific to your situation before signing a contract or appointing a representative. Key questions: Q: Do I need a lawyer or a conveyancer to buy a house in South Australia? A: You can use either — there is no legal requirement to use one or the other, and for a straightforward established residential purchase in your own name, a registered conveyancer will generally handle the matter well. A lawyer is the better choice where the transaction involves legal questions beyond the settlement itself, such as an off-the-plan contract, a purchase through a company, trust or SMSF, a deceased estate, a separation, a title defect, or any situation that could become a dispute. Q: What can a lawyer do that a conveyancer cannot in South Australia? A: A registered conveyancer's work is limited by statute to conveyancing work — broadly, preparing and lodging the documents needed to effect a dealing in land. A conveyancer cannot give legal advice outside that scope, cannot act for you in a dispute or breach of contract, and cannot appear in a court or tribunal. A lawyer can do all of that, and can also advise on related matters such as ownership structuring, estates, family law transfers and commercial leases that a conveyancer would need to refer out. Q: Is a lawyer more expensive than a conveyancer for conveyancing in SA? A: Not necessarily. In South Australia, fees for standard residential conveyancing are broadly comparable between registered conveyancers and law firms that do this work regularly. The more important comparison is what the fee includes, what disbursements sit on top, and what happens if the matter stops being routine — if a file has to be referred to a lawyer partway through, you generally pay twice, and under time pressure. Ask for a fixed fee and ask what a complication would cost. Q: Can a conveyancer review my contract before I sign? A: Yes. Both registered conveyancers and lawyers can review a contract and the Form 1 vendor's statement. The one exception is waiving cooling-off: the certificate that allows a purchaser to give up the cooling-off right must be signed by a legal practitioner, so a conveyancer cannot provide it. Whoever you appoint, have the contract reviewed before you sign rather than relying on the cooling-off window — two clear business days from the later of the contract and service of the Form 1 — which is very short and does not apply to auction purchases. Q: Are communications with a conveyancer confidential in the same way as with a lawyer? A: Not in the same way. Confidential communications between a client and a lawyer, made for the purpose of obtaining legal advice, attract client legal privilege. That protection generally does not extend to communications with a registered conveyancer. This rarely matters in a routine transaction, but it can matter a great deal if the matter later becomes the subject of a dispute or proceeding. Q: I am buying through a family trust or SMSF — does that change who I should use? A: Generally yes. How a purchase is structured affects duty, tax and succession for years afterwards, and it is far easier to get right at the outset than to unwind later. Since 10 August 2026 there are also new restrictions on self-managed super funds entering limited recourse borrowing arrangements to buy residential property, which makes contract timing important. These are legal and tax questions rather than conveyancing work, so a lawyer working alongside your accountant is the sensible approach. Q: What should I ask before appointing a conveyancer or lawyer? A: Ask whether they are a registered conveyancer or a law practice; whether the fee is fixed and what disbursements are additional; who will handle your file day to day; whether they can review the contract before you sign; whether they have handled your type of matter before; and — most usefully — what happens, and what it costs, if a title issue or dispute arises. The answer to that last question tells you the most. --- ### SA Property Investors: Key 2026–27 Legal Changes URL: https://zed.legal/blog/property-investor-changes-2026-27-sa Published: 2026-07-11T11:00:00+09:30 · Category: Property Law · 8 min read · Author: Bruno Confalone A wave of new laws is reshaping property investment in 2026–27: a ban on new SMSF residential property loans from 10 August 2026, and negative-gearing and capital-gains-tax changes from 1 July 2027. Here is what South Australian investors need to know. The start of a new financial year usually brings a few tax tweaks. This year is different. A significant package of reforms affecting property investors has now passed federal Parliament, and if you own — or are thinking about buying — an investment property in South Australia, some of these changes are worth understanding now rather than later. Below is a plain-English guide to what has changed for 2026–27, what is coming, and the practical steps that can make a real difference to how a purchase or sale is timed and structured. None of this is tax or financial advice — but several of the changes turn on legal timing and structuring, which is exactly where getting the right advice early pays off. What has actually changed? Most of the headline measures sit inside the Treasury Laws Amendment (Tax Reform No. 1) Act 2026, which received Royal Assent on 26 June 2026. Importantly, the changes commence at different times: one lands in August 2026, while the largest reforms do not begin until 1 July 2027. Knowing which is which is the key to planning sensibly rather than reacting. 1. A ban on new SMSF loans for residential property (from 10 August 2026) This is the most immediate change. From 10 August 2026, a self-managed superannuation fund (SMSF) will no longer be able to enter a new limited recourse borrowing arrangement (LRBA) to buy residential property. In plain terms, if you were planning to have your SMSF borrow to purchase a residential investment property, that window is closing. A few points matter here: - Existing arrangements are grandfathered. If your SMSF already has an LRBA in place, it is not affected, and refinancing an existing arrangement is expected to remain possible. - Commercial and business real property are not caught. The ban is aimed at residential property. An SMSF borrowing to acquire commercial premises — including, in many cases, the premises your own business operates from — is treated differently. - The trigger is when you exchange contracts, not settlement. If a fund enters into the purchase before commencement, it can generally proceed under the existing rules. That makes contract timing critical for anyone with an SMSF purchase already in motion. If your SMSF is mid-purchase, the practical priority is aligning the contract and finance steps so you are not caught on the wrong side of the date. It is worth reviewing this with your adviser and your conveyancer without delay. 2. Negative gearing changes (from 1 July 2027) From 1 July 2027, the tax treatment of rental losses on residential property is changing. In broad terms, where a residential property is acquired after 7:30pm (AEST) on 12 May 2026 — the moment the change was announced — net rental losses will generally no longer be able to be offset against your other income, such as your wages. Instead, those losses are "quarantined" and carried forward to offset future residential rental income or capital gains. Two important carve-outs soften this: - Properties acquired before the 12 May 2026 cut-off are grandfathered — they keep their existing negative-gearing treatment. - New residential dwellings acquired after the cut-off can continue to be negatively geared, reflecting the policy's focus on encouraging new housing supply. Because the outcome turns on when a property is acquired and whether it is new or established, the way and timing of a purchase can materially affect how it is taxed for years to come. That is a question to work through with your accountant, alongside advice on the contract itself. 3. Capital gains tax changes (from 1 July 2027) Also from 1 July 2027, the long-standing 50% CGT discount for individuals and trusts is being replaced. In its place, gains are to be adjusted for inflation using cost-base indexation, with a 30% minimum tax applying to net capital gains. The changes are directed at resident individuals and trusts; companies, superannuation funds, and foreign or temporary residents retain their existing CGT treatment. For long-term investors, this shifts the arithmetic on when it makes sense to sell, and on whether property is best held personally, in a trust, or in another structure. There is no need to act rashly — but it is a good reason to review your holdings and ownership structure well before the 2027 start date, rather than in a hurry close to it. 4. The new $3 million super tax (Division 296, from 1 July 2026) If you hold property or other assets inside superannuation, Division 296 is worth knowing about. From 1 July 2026, an additional 15% tax applies to the portion of your superannuation earnings attributable to a total super balance above $3 million (with a further 10% above $10 million). It is measured per person and first assessed after 30 June 2027. For an SMSF member with a substantial property inside the fund, this is primarily a question for your accountant and financial adviser. The legal dimension tends to arise around succession — how fund assets and control pass on death — which sits naturally alongside your broader estate planning. What this means for South Australian investors These are Commonwealth changes, so they apply across Australia — but they layer on top of the South Australian settings investors already navigate, including land tax (assessed by RevenueSA on taxable landholdings above the annual threshold) and the foreign ownership surcharges that apply to some purchasers. The restrictions on foreign buyers acquiring established homes also remain in place. In practice, a South Australian investor now has more moving parts to line up: the federal reforms, state land tax and duty, and the usual conveyancing and structuring decisions. The reassuring news is that none of this makes property investment unworkable. It simply rewards planning — and penalises leaving decisions to the last minute. What you can do now - If an SMSF residential purchase is on the table, check where you stand against the 10 August 2026 date and get the contract and finance steps aligned early. - If you are buying an investment property generally, understand whether it is treated as new or established, and how the 12 May 2026 cut-off affects it, before you commit. - If you hold property in your own name or a trust, it is a sensible time to review your ownership structure ahead of the 2027 CGT and negative-gearing changes. - If significant assets sit in super, revisit your estate and succession planning so control and benefits pass the way you intend. - Coordinate your advisers. These reforms sit at the intersection of tax, finance and law — the best outcomes come when your accountant, financial adviser and lawyer are working from the same page. How Zed Legal can help We are a South Australian law practice, not a tax agent or financial adviser — but much of what determines your position under these reforms is legal: how and when a contract is entered into, how a purchase is structured, and how property held in a company, trust or SMSF is dealt with over time and on death. Whether you need a conveyance handled with the timing right, structuring advice for a company or trust, property law guidance on a contract, or estate planning for assets held in super, we can work alongside your accountant to keep everything aligned. If you have a purchase, sale or structuring decision coming up, contact us on (08) 8166 7569 or at hello@zed.legal. This article is general information only and is current as at July 2026. It is not legal, tax or financial advice and does not take your circumstances into account. The measures described are set by Commonwealth law and administered by the ATO, and their detail and commencement may be subject to further guidance or change. Please obtain advice tailored to your situation — including from a registered tax agent or licensed financial adviser where relevant — before acting. Key questions: Q: When does the SMSF residential property loan ban start? A: From 10 August 2026, a self-managed super fund (SMSF) can no longer enter a new limited recourse borrowing arrangement (LRBA) to buy residential property. The change was made by the Treasury Laws Amendment (Tax Reform No. 1) Act 2026, which received Royal Assent on 26 June 2026. The key trigger is generally when contracts are exchanged, not settlement, so timing matters for any purchase already in progress. Q: Does the SMSF loan ban affect my existing SMSF loan or commercial property? A: No. Existing LRBAs are grandfathered and are not affected, and refinancing an existing arrangement is expected to remain possible. The ban is also aimed at residential property — borrowing to acquire commercial or business real property is treated differently. As always, the specific documents and circumstances should be checked before acting. Q: Are the negative gearing changes retrospective — do they affect property I already own? A: Generally no. Residential properties acquired before 7:30pm (AEST) on 12 May 2026 are grandfathered and keep their existing negative-gearing treatment. The change, from 1 July 2027, mainly affects established residential dwellings acquired after that cut-off, where net rental losses are quarantined rather than offset against other income. New residential dwellings acquired after the cut-off can generally still be negatively geared. Q: What is replacing the 50% capital gains tax discount? A: From 1 July 2027, the 50% CGT discount for individuals and trusts is to be replaced with cost-base indexation (adjusting gains for inflation using CPI), together with a 30% minimum tax on net capital gains. Companies, superannuation funds, and foreign or temporary residents keep their existing CGT treatment. How this affects you depends on your circumstances, so it is worth reviewing your holdings before the start date. Q: Does the $3 million super tax (Division 296) affect property held in my SMSF? A: It can. From 1 July 2026, Division 296 applies an extra 15% tax on the portion of your superannuation earnings attributable to a total super balance above $3 million (with a further 10% above $10 million), measured per person and first assessed after 30 June 2027. Whether and how it affects you is a question for your accountant or financial adviser; the legal side usually concerns how fund assets and control pass on death. Q: I'm buying an investment property in South Australia — what should I check? A: Before you commit, it is worth understanding whether the property is treated as new or established, how the 12 May 2026 negative-gearing cut-off applies, and — if you are buying through an SMSF — where you sit against the 10 August 2026 borrowing deadline. You should also factor in South Australian land tax and any duty surcharges. Getting the contract timing and ownership structure right at the outset is far easier than trying to fix it later. Q: Is this tax advice, and who should I speak to? A: No — this is general information only, and Zed Legal is a law practice rather than a tax agent or financial adviser. For the tax and financial detail, speak to your accountant or a licensed financial adviser. For the legal parts — contract timing, how a purchase is structured, and how property in a company, trust or SMSF is dealt with and passed on — we can help, and we are happy to work alongside your existing advisers. --- ### What the New AML Rules Mean When You Buy or Sell Property in South Australia URL: https://zed.legal/blog/aml-checks-buying-selling-property-south-australia Published: 2026-07-08 · Category: Property Law · 8 min read · Author: Bruno Confalone From 1 July 2026, new AML laws require South Australian conveyancers and lawyers to verify your identity and check your source of funds. Here is what property buyers and sellers should expect — and how to keep it simple. If you buy or sell property in South Australia from now on, you may notice your conveyancer or lawyer asking for a little more than they used to — photo identification, and some questions about where your money is coming from. This is not red tape for its own sake. From 1 July 2026, a significant change to Australia's anti-money-laundering laws applies to the legal and conveyancing professions for the first time. Here is what has changed, why it affects your property transaction, and how to make the process quick and painless. What has changed: the "Tranche 2" AML reforms Australia's Anti-Money Laundering and Counter-Terrorism Financing Act 2006 has, until now, applied mainly to banks, remitters and other financial institutions. The Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024 extends that regime — widely known as the "Tranche 2" reforms — to a range of new professions from 1 July 2026. Those newly covered include lawyers, conveyancers, accountants, real estate agents, and dealers in precious metals and stones. In practical terms, a firm like ours must now enrol with AUSTRAC (the national financial-crime regulator), maintain a written AML/CTF program, verify who its clients are, keep records for seven years, and report anything that looks suspicious. AUSTRAC opened enrolment for these new businesses on 31 March 2026, with affected firms required to enrol before the end of July 2026. The aim of the reforms is to make it harder to launder money through property and professional services — an area both AUSTRAC and international bodies have flagged as higher-risk. Why your lawyer or conveyancer is now involved The obligations attach to particular "designated services." For a conveyancing or property practice, those include assisting a client to buy or sell real estate, and related work such as handling client money or helping to establish companies and trusts. Because services like these can, in theory, be misused to move illicit funds, the law now requires the practitioner to carry out checks before and during the work — not because you are suspected of anything, but because every client is checked. These obligations are backed by substantial penalties for firms that get them wrong, so you should expect the same checks from any reputable South Australian practice. The reforms also bring Australia into line with comparable countries, where lawyers and conveyancers have carried out these checks for years. If you have ever opened a bank account or taken out a home loan, the process will feel familiar. What this means when you buy or sell property in South Australia For a typical Adelaide house sale or purchase, there are three things to expect. 1. Verifying your identity Your practitioner will confirm who you are, usually from government-issued identification such as a passport or driver's licence, sometimes supported by a second document. This overlaps with the Verification of Identity step many South Australians already encounter in electronic conveyancing. If you are buying or selling through a company or trust, the firm will also need to identify the people who ultimately own or control it — known as the beneficial owners. 2. Understanding your source of funds You may be asked where the money for a purchase is coming from — for example, accumulated savings, the proceeds of selling another property, a gift from family, an inheritance, or a loan. This is called your source of funds (and, for larger or more complex matters, your source of wealth). It is a routine question, and providing clear evidence up front usually resolves it immediately. Helpful documents include recent bank statements, the contract for the sale of another property, a loan approval, or a short signed letter confirming a gift. 3. A few extra steps for some transactions Matters involving companies, trusts, overseas parties, or unusually large gifts can call for a little more information. That is normal and does not imply any suspicion — those structures simply take a few more steps to verify properly. Your practitioner can tell you at the outset exactly what will be needed. Will this delay or complicate my transaction? Handled early, these checks should not hold up your settlement. The verification is done at the start of a matter and sits alongside the usual South Australian conveyancing steps you already expect — the Form 1 vendor's statement, title and property searches, stamp duty through RevenueSA, registration with Land Services SA, and electronic settlement through PEXA. The most common cause of delay is leaving identity or funds information to the last minute, so the single best thing you can do is respond to your practitioner's requests promptly. Your information is treated confidentially and stored securely, and it is used only to meet these legal obligations — not shared for marketing or any unrelated purpose. How to make the process smooth A few simple steps will keep your matter moving: - Have current photo identification ready (a passport or driver's licence). - If your deposit or purchase funds come from savings, keep recent bank statements handy. - If funds come from selling another property, an inheritance, or a family gift, gather the supporting paperwork — a contract, an estate document, or a brief signed gift or loan letter. - For a company or trust purchase, have the incorporation or trust documents and details of the beneficial owners available. - Respond to requests early — ideally before you sign a contract or fix a settlement date. When you should get legal advice Most transactions are straightforward. It is worth speaking to a lawyer early if: - you are buying or selling through a company or trust, or acting on behalf of someone else; - your funds are coming from overseas or from a more complex source; - you are receiving a large gift or loan to fund a purchase and want it documented correctly; - you are an executor selling property from a deceased estate; or - you are simply unsure what you will be asked for and would rather be prepared. How Zed Legal can help As a South Australian law practice, we build these requirements into every matter as a matter of course — discreetly, securely, and with as little friction as possible for you. Whether you are dealing with a residential or commercial conveyance, a more involved property law matter, or a purchase through a company or trust, we will tell you exactly what to prepare, verify everything correctly the first time, and keep your transaction on track. If you have a purchase or sale coming up, contact us at hello@zed.legal and we will make the compliance side simple. This article is general information only and is current as at July 2026. It is not legal advice and does not take your circumstances into account. AML/CTF obligations are set by Commonwealth law and administered by AUSTRAC, and how they apply depends on the specific service and situation. Please obtain advice tailored to your matter before acting. Key questions: Q: Why does my conveyancer or lawyer now need to verify my identity? A: From 1 July 2026, Australia's 'Tranche 2' anti-money-laundering reforms require lawyers and conveyancers to identify their clients, understand certain transactions, and keep records — obligations that previously applied mainly to banks. Verifying your identity is a standard first step and applies to every client, not just some. Q: What is 'source of funds' and why am I being asked about it? A: Source of funds simply means where the money for your purchase is coming from — for example savings, the sale of another property, a gift, an inheritance, or a loan. Under the new AML rules your practitioner may need to understand and, in some cases, evidence this. Providing clear documentation up front (such as bank statements or a sale contract) usually resolves it quickly. Q: When do the new AML rules start in Australia? A: The obligations for lawyers, conveyancers, accountants, real estate agents and several other professions commence on 1 July 2026 under the Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024. AUSTRAC opened enrolment for these newly regulated businesses on 31 March 2026. Q: Do these checks apply to every property transaction in South Australia? A: The rules apply to a broad range of property and business-related legal and conveyancing services, so most South Australian property sales and purchases will involve identity verification and, where relevant, source-of-funds enquiries. Your practitioner will confirm exactly what applies to your specific matter. Q: What documents should I have ready? A: Usually current photo identification (a passport or driver's licence) and, where relevant, evidence of your source of funds — such as recent bank statements, the contract for the sale of another property, a loan approval, or a signed gift letter. For a company or trust purchase, have the incorporation or trust documents and beneficial-owner details ready too. Q: Will these checks delay my settlement? A: They should not, provided they are dealt with early. The checks are done at the start of a matter and sit alongside the usual conveyancing steps. The main cause of delay is leaving identity or funds information to the last minute, so responding promptly to your practitioner's requests keeps everything on track. Q: Is my information kept secure? A: Yes. The information you provide is treated confidentially, stored securely, and used only to meet these legal obligations. It is not used for marketing or shared for unrelated purposes. --- ### Downsizing in South Australia? The New Stamp Duty Relief Could Save You Up to $103,830 URL: https://zed.legal/blog/sa-downsizer-stamp-duty-relief-2026 Published: 2026-07-05 · Category: Property Law · 6 min read · Author: Bruno Confalone From 25 March 2026, South Australia abolished stamp duty for eligible downsizers aged 60 and over who move into a newly built home. Here's how the scheme works, who qualifies, and the conveyancing traps to watch before you sign. For many South Australians, the family home is the single largest asset they will ever own – and, for a long time, one of the biggest costs standing between an older owner and a more manageable place to live was stamp duty. That has just changed. From 25 March 2026, South Australia introduced a stamp duty relief scheme for eligible downsizers aged 60 and over. For those who qualify, it can mean the difference of tens of thousands of dollars – up to around $103,830 on a qualifying purchase. If a move has been on your mind, it is worth understanding exactly how the scheme works before you sign anything. What the New Scheme Does In simple terms, the scheme removes (or reduces) the transfer duty – commonly called stamp duty – payable when an eligible person aged 60 or over sells their long-time home and downsizes into a newly built replacement property. The relief is aimed squarely at freeing up established housing stock and encouraging new construction, so it does not apply to just any purchase. To qualify, the replacement property generally needs to be a newly built home, a brand-new (off-the-plan) apartment, or vacant land on which you intend to build your new principal place of residence. Established, previously-occupied homes are not covered. This mirrors the approach South Australia already takes with its first home buyer relief: the incentives are tied to new housing. Who Is Eligible While the detail sits with RevenueSA, the core eligibility conditions are that you (or at least one applicant on the contract) are aged 60 or over; that you are downsizing – selling, or having sold, your eligible principal place of residence and moving to a replacement property on a smaller land size than your existing home; that the replacement property is a new build, off-the-plan apartment, or vacant land to build on, and will become your principal place of residence; and that you entered into an eligible contract on or after 25 March 2026. The "smaller land size" test is an important and easily-overlooked condition. Downsizing here is measured against land area – so a move from a large suburban block into a modern home on a comparable or larger parcel may not qualify, even if the new home is smaller inside. The Value Caps The relief is not unlimited. For newly built homes and off-the-plan apartments, full relief is available where the dutiable value is $2 million or less, with partial relief above that and below $2.1 million. For vacant land, full relief applies up to $1.2 million, with partial relief above that and below $1.3 million. For most South Australian downsizers these thresholds are generous, but they matter at the top end of the market and for premium off-the-plan apartments, where a small difference in dutiable value can move you from full relief into the partial-relief band – or out altogether. Not Over 60? The First Home Buyer Exemption Still Stands The downsizer scheme sits alongside South Australia's existing first home buyer stamp duty exemption. Since June 2024, eligible first home buyers purchasing or building a new home have paid no stamp duty, with the previous property value cap removed – and many can also access the $15,000 First Home Owner Grant on the same new-build purchase. The common thread is deliberate: whether you are buying your first home or your last, South Australia's stamp duty relief is now firmly pointed at new construction. Established homes remain fully dutiable. The Conveyancing Traps to Watch The savings are real, but so are the conditions – and stamp duty relief is one of those areas where a small mistake at contract stage can quietly cost you the entire benefit. Eligibility hinges on when you enter into the contract, not when you settle, so getting the sequence and dates right between selling your existing home and committing to the new one is critical. The relief also assumes you will actually live in the property, so investment purchases, or arrangements where the property is held for someone else, can fall outside the scheme. As noted above, "downsizing" is tested on land area, and only qualifying new-build categories are eligible – off-the-plan contracts in particular need careful review. Where a couple, family members, or a trust are involved, the way ownership is structured can also affect eligibility, and it is far harder to fix after signing. None of these are reasons to avoid the scheme – they are reasons to get advice before you sign the contract, while there is still room to structure things correctly. How Zed Legal Can Help Conveyancing in South Australia is our core work, and stamp duty relief is exactly the kind of area where a well-run conveyance pays for itself. We can confirm whether your proposed purchase is likely to qualify for downsizer or first home buyer relief, review your contract before you sign so timing and eligibility are locked in, coordinate the sale of your existing home with the new purchase, and manage the RevenueSA and settlement process end-to-end. If you are thinking about downsizing – or helping a parent who is – contact our team at hello@zed.legal for a no-obligation chat about your options. This article is general information only and current as at July 2026. It is not legal or financial advice and does not take your personal circumstances into account. Stamp duty relief is subject to detailed eligibility criteria and value thresholds set by RevenueSA, which may change. Please obtain advice specific to your situation before entering into any contract. Key questions: Q: Who is eligible for South Australia's downsizer stamp duty relief? A: The relief is aimed at people aged 60 or over who sell their principal place of residence and downsize to a replacement property on a smaller land size. The replacement must be a newly built home, a brand-new (off-the-plan) apartment, or vacant land on which you intend to build your new home, and you must have entered into the contract on or after 25 March 2026. Detailed eligibility criteria are set by RevenueSA. Q: How much stamp duty can a downsizer save? A: Eligible downsizers can save up to around $103,830. Full relief is available for newly built homes and off-the-plan apartments with a dutiable value of $2 million or less (with partial relief above that and below $2.1 million), and for vacant land up to $1.2 million (with partial relief below $1.3 million). Q: Does the relief apply to established (existing) homes? A: No. The downsizer relief only applies to new housing — a newly built home, an off-the-plan apartment, or vacant land to build on. Previously-occupied, established homes are not covered and remain fully dutiable. Q: Is 'downsizing' measured by house size or land size? A: It is measured by land area. The replacement property must be on a smaller land size than your existing home. A move into a home that is smaller inside but sits on a comparable or larger parcel of land may not qualify. Q: Does the eligibility date depend on when I sign or when I settle? A: Eligibility hinges on when you enter into the contract — it must be on or after 25 March 2026 — not on the settlement date. Getting the timing right between selling your existing home and committing to the new one is important, so it is worth obtaining advice before you sign. --- ### Understanding Off-the-Plan Contracts in South Australia URL: https://zed.legal/blog/understanding-off-the-plan-contracts-sa Published: 2026-03-15 · Category: Property Law · 8 min read · Author: Bruno Confalone Buying off the plan can be an attractive proposition – securing a property at today's price with settlement months or years away. But the contractual risks are real and often underestimated. What Is an Off-the-Plan Contract? An off-the-plan contract is a legally binding agreement to purchase a property that has not yet been built – or has not been fully constructed – at the time of signing. In South Australia, these contracts are governed by the Land and Business (Sale and Conveyancing) Act 1994 and supplemented by the general law of contract. Because the subject matter does not physically exist at the time of execution, these agreements carry a unique set of risks that differ materially from a standard residential conveyance. Purchasers are typically required to pay a deposit – commonly 10% of the purchase price – which is held in trust until settlement. Settlement occurs once the development is registered and a Certificate of Title is issued in respect of the specific lot being purchased. That gap between signing and settlement can span anywhere from six months to three or more years, during which market conditions, lending environments, and the purchaser's personal circumstances may change dramatically. Key Contractual Risks to Understand One of the most significant risks in an off-the-plan purchase is the sunset clause. A sunset clause entitles either the vendor or the purchaser to rescind the contract if the development is not completed by a specified date. Historically, some developers have deliberately delayed registration to invoke sunset clauses and re-sell lots at higher market prices. South Australian legislation does not currently restrict a vendor's right to rescind under a sunset clause, so the purchaser's protection depends on how the clause is drafted. Review the sunset date and the rescission rights carefully with your solicitor before signing, and negotiate them where you can. Another area of concern is the permitted variations clause. Most off-the-plan contracts grant the developer a right to make variations to the building design, materials, floor plan, and finishes – sometimes to a substantial degree – without triggering a right to rescind on the part of the purchaser. It is critical to understand what variations are permitted and whether minimum specifications are locked in. A professional review of the inclusions schedule and any accompanying plan of division can reveal ambiguities that leave purchasers with far less than they bargained for. Finance and Valuation Risk Purchasers who rely on pre-approval finance at the time of signing may find that their borrowing capacity has changed significantly by settlement. Lenders will typically conduct a fresh valuation of the property at or near settlement, and if the completed property is valued below the contract price – a not uncommon outcome in a declining market – the purchaser may be required to fund a shortfall or face default. This is sometimes referred to as a "valuation gap" and it can place purchasers in an extremely difficult position. It is also worth noting that the First Home Owner Grant and stamp duty concessions may be affected by changes in legislation between signing and settlement. Purchasers should not assume that the concessions available at the time of signing will still be available – or calculated in the same way – by the time settlement occurs. Your solicitor can help you understand the current eligibility criteria and flag any pending legislative changes. What to Do Before You Sign Before executing any off-the-plan contract, we strongly recommend engaging a solicitor with specific experience in off-the-plan transactions to review the contract in its entirety – including the vendor's statement, the plan of division, the inclusions schedule, and all special conditions. Key issues to scrutinise include the sunset date and rescission rights, the permitted variations clause, the deposit terms and interest provisions, the body corporate or community corporation structure, and the estimated completion date and any delay provisions. Understanding your rights and obligations before you are bound by the contract is far preferable to seeking remedies after the fact. Key questions: Q: What is an off-the-plan contract? A: It is a legally binding agreement to buy a property that has not yet been built, or is not yet complete, at the time of signing. In South Australia these contracts are governed by the Land and Business (Sale and Conveyancing) Act 1994 and the general law of contract. Settlement happens later, once the development is registered and a Certificate of Title issues for the specific lot. Q: What is a sunset clause and why does it matter? A: A sunset clause allows the vendor or purchaser to end the contract if the development is not completed by a specified date. South Australian legislation does not currently restrict a vendor's right to rescind under a sunset clause, so the purchaser's protection depends on the contract wording. Review the sunset date and rescission rights carefully, and negotiate them, before you sign. Q: Can the developer change the design after I sign? A: Often, yes. Most off-the-plan contracts grant the developer a permitted-variations right to change the design, materials, floor plan and finishes — sometimes substantially — without giving the purchaser a right to rescind. It is important to understand exactly what variations are permitted and whether minimum specifications are locked in. Q: What happens if the property is valued below the purchase price at settlement? A: Lenders usually re-value the property at or near settlement. If the completed property is valued below the contract price — a 'valuation gap' — you may have to fund the shortfall from your own resources or risk defaulting. Finance pre-approval at signing does not guarantee the same borrowing capacity by settlement. Q: Should a solicitor review an off-the-plan contract before I sign? A: Yes. We strongly recommend a solicitor review the whole contract — the vendor's statement, plan of division, inclusions schedule and special conditions — before you are bound. Reviewing your rights beforehand is far preferable to seeking remedies after signing. --- ### How to Structure Your Small Business: Sole Trader vs. Company URL: https://zed.legal/blog/sole-trader-vs-company-structure Published: 2026-02-28 · Category: Commercial Law · 6 min read · Author: Bruno Confalone Choosing the right legal structure for your business is one of the most consequential decisions you will make as an entrepreneur. The wrong choice can cost you in tax, liability, and flexibility for years to come. The Core Distinction: Separate Legal Personality The fundamental difference between operating as a sole trader and operating through a company is the concept of separate legal personality. A company incorporated under the Corporations Act 2001 (Cth) is a distinct legal entity – it can enter contracts, own assets, incur liabilities, and sue and be sued in its own name. A sole trader, by contrast, is not legally separate from the business. The individual and the business are, in law, one and the same. This distinction has profound implications for personal liability, taxation, and the long-term structure of your enterprise. As a sole trader, your personal assets – your home, your savings, your car – are available to satisfy any business debts or legal judgments against you. There is no corporate veil to protect you. As a company director and shareholder, you generally enjoy limited liability, meaning your exposure is limited to the amount you have invested in the company (subject to important exceptions, including personal guarantees, insolvent trading, and breaches of directors' duties). Tax Considerations Sole traders are taxed at individual marginal rates on their business income, which can reach 47% (including the Medicare levy) for high earners. Companies are taxed at the corporate rate – currently 25% for base rate entities with an aggregated turnover below $50 million, and 30% for larger companies. This rate differential can create opportunities for tax deferral and income splitting when profits are retained in the company rather than distributed as dividends. However, the tax picture is more nuanced than the headline rate comparison suggests. Sole traders currently have access to the 50% capital gains tax discount for assets held more than 12 months; companies do not. That discount is being replaced from 1 July 2027 — see our article on the 2026–27 investor changes. Sole traders can also access the small business CGT concessions directly, whereas using those concessions through a company requires careful structuring. The interaction between company tax, franking credits, and personal income tax when dividends are paid also needs to be carefully modelled. A tax adviser who understands both the legal and accounting dimensions of business structuring is invaluable here. Administration and Compliance Operating as a sole trader is administratively straightforward. You register a business name with ASIC (if trading under a name other than your own), obtain an ABN, and lodge your business income as part of your individual tax return. There are no annual ASIC fees, no requirement to maintain company registers, and no obligation to prepare financial statements in a particular format. A company, by contrast, carries ongoing compliance obligations. These include lodging an annual company tax return with the ATO, paying an annual ASIC review fee, maintaining a register of members and officeholders, notifying ASIC of changes to directors and shareholders, and complying with the reporting and governance requirements of the Corporations Act. For small businesses, these obligations are manageable – but they are real, and the administrative burden should be factored into your decision. Which Structure Is Right for You? There is no one-size-fits-all answer. For very early-stage businesses with low turnover and minimal liability exposure, operating as a sole trader may be entirely appropriate, at least initially. For businesses with meaningful revenue, physical or professional liability risks, multiple founders, or plans to bring on investors, a company structure typically offers important advantages. Many business owners find that a company combined with a discretionary (family) trust as the shareholder creates the greatest flexibility for income distribution and asset protection – though this adds further complexity and cost. We recommend seeking legal and accounting advice before committing to any structure, particularly if you are entering into significant contracts or taking on staff. Key questions: Q: What is the main difference between a sole trader and a company? A: Separate legal personality. A company is a distinct legal entity that can own assets, incur liabilities and be sued in its own name. A sole trader is not legally separate from the business — the individual and the business are one and the same, which affects liability, tax and long-term structure. Q: Which structure offers better protection for my personal assets? A: A company generally provides limited liability, so your exposure is usually limited to what you have invested — subject to important exceptions such as personal guarantees, insolvent trading and breaches of directors' duties. A sole trader has no corporate veil, so personal assets can be used to satisfy business debts. Q: How are sole traders and companies taxed differently? A: Sole traders are taxed at individual marginal rates (up to 47% including the Medicare levy). Companies are taxed at the corporate rate — 25% for base rate entities and 30% for larger companies. However, sole traders can currently access the 50% CGT discount (being replaced from 1 July 2027) and small business CGT concessions more directly, so the headline rate is not the whole picture. Get tailored tax advice. Q: Is a company more expensive and time-consuming to run? A: Yes, somewhat. A company must lodge an annual company tax return, pay an annual ASIC review fee, maintain registers of members and officeholders, and comply with the Corporations Act. A sole trader is administratively simpler. For small businesses these company obligations are manageable but should be factored into the decision. Q: Which structure is right for my new business? A: There is no one-size-fits-all answer. Very early-stage, low-risk ventures may start as a sole trader, while businesses with meaningful revenue, liability exposure, multiple founders or investors often benefit from a company (sometimes with a discretionary trust as shareholder). Seek legal and accounting advice before committing. --- ### Five Things Your Will Must Do (But Probably Doesn't) URL: https://zed.legal/blog/five-things-your-will-must-do Published: 2026-02-10 · Category: Wills & Estates · 5 min read · Author: Bruno Confalone Most Australians who have a will believe they've taken care of their estate planning. Many haven't. Here are five critical functions a well-drafted will must perform – and why a standard template often falls short. 1. Clearly Identify Your Executor and Empower Them Properly Your executor is the person responsible for administering your estate – collecting assets, paying debts, dealing with superannuation funds, managing tax obligations, and ultimately distributing the estate to your beneficiaries. A will that simply names an executor without conferring adequate powers can leave that person unable to act efficiently, particularly where the estate includes a business, real property that needs to be managed, or complex financial assets. A properly drafted will grants the executor broad powers to invest, sell, and deal with estate assets without needing to seek court approval at every turn. It should also nominate a substitute executor in case your primary choice is unable or unwilling to act. 2. Address Superannuation Strategically This is perhaps the most common gap in Australian estate plans. Superannuation does not automatically form part of your estate – it is a trust asset held by your superannuation fund, and the trustee of that fund has discretion over who receives your death benefit unless you have made a valid binding death benefit nomination (BDBN). A will cannot direct where your superannuation goes. If you want certainty, you need a current, valid BDBN naming your preferred beneficiaries or your legal personal representative. BDBNs typically lapse after three years and must be renewed, and the eligible recipient categories are defined by superannuation law, not by you. Many clients are surprised to learn that their will has no effect over what is often their largest asset. 3. Account for Blended Family Complexity If you have children from a previous relationship, a current partner, and stepchildren, a simple "everything to my spouse" will is potentially a disaster waiting to happen. Upon your death, your spouse becomes the sole owner of the estate. If your spouse later remarries, has further children, or simply drifts apart from your children, there is nothing in law preventing them from leaving your assets entirely to someone else. A testamentary trust – a trust established under your will that comes into effect on your death – can provide for your current partner during their lifetime while preserving the capital for your children. This kind of structure requires careful drafting and should be considered by anyone in a blended family situation. 4. Protect Vulnerable Beneficiaries If you intend to leave assets to a beneficiary who has a disability, struggles with addiction, is in an unstable relationship, or is likely to be a target for creditors or the Family Court, a direct gift under your will may do them more harm than good. A testamentary trust allows you to appoint a trustee to manage assets on behalf of that beneficiary, provide income in a tax-effective manner, and protect the capital from external claims. For beneficiaries who receive disability support payments, a special disability trust may be appropriate. These are nuanced decisions that benefit greatly from legal advice. 5. Anticipate Family Provision Claims Under the Succession Act 2023 (SA) – which came into effect on 1 January 2025 and repealed the former Inheritance (Family Provision) Act 1972 – certain categories of "eligible persons" can apply to the Supreme Court for provision from your estate if they believe your will (or intestacy) has not made adequate provision for their proper maintenance, education, or advancement in life. Section 115 of the Act lists the eligible persons: spouses, domestic partners, former spouses and former domestic partners, children, stepchildren, grandchildren, parents, and siblings, several of them subject to specific qualifying conditions. You cannot completely will-proof your estate against such claims, but a well-considered will that includes a statement of testamentary intentions, documents the nature of your relationships with potential claimants, and makes considered provision for those with legitimate needs is in a far stronger position than one that simply ignores the issue. Your solicitor can advise you on who may have standing to bring a claim under the new Act and how best to structure your estate accordingly. And if the alternative ever seems tempting, it is worth knowing precisely what happens to an estate where there is no will at all. Key questions: Q: Does my will control who receives my superannuation? A: Usually not. Superannuation is a trust asset held by your fund, and the trustee has discretion over your death benefit unless you have a valid binding death benefit nomination (BDBN). A will cannot direct your super. BDBNs often lapse after three years and must be renewed, so it is worth reviewing yours regularly. Q: Why does it matter which executor I choose and what powers they have? A: Your executor collects assets, pays debts, manages tax and superannuation, and distributes the estate. A will that names an executor without conferring adequate powers can leave them unable to act efficiently — especially where there is a business or complex assets. A well-drafted will grants broad powers and names a substitute executor. Q: How should a blended family approach their will? A: A simple 'everything to my spouse' will can unintentionally disinherit children from a previous relationship, because the surviving spouse becomes sole owner and can later leave the assets elsewhere. A testamentary trust can provide for your current partner during their lifetime while preserving capital for your children. Q: Can my will be challenged in South Australia? A: Yes. Under the Succession Act 2023 (SA), which commenced on 1 January 2025, certain eligible persons — including spouses, domestic partners, children, stepchildren and others — can apply to the Supreme Court for family provision if they believe adequate provision was not made. You cannot fully will-proof an estate, but a considered will with a statement of testamentary intentions is in a far stronger position. Q: Can a template or DIY will do all of this? A: Often not well. Template wills frequently miss superannuation, blended-family protection, vulnerable-beneficiary trusts and family-provision risk. Small drafting errors can also invalidate a will or make it easier to contest. A lawyer-drafted will tailored to your circumstances reduces these risks. --- ### Australia's Partner Visa: A Practical Guide for 2026 URL: https://zed.legal/blog/australia-partner-visa-guide Published: 2026-01-20 · Category: Immigration · 9 min read · Author: Bruno Confalone Australia's partner visa pathway is one of the most document-intensive and emotionally charged immigration processes the Department of Home Affairs administers. Understanding the requirements before you apply can save you years of delay. The Two-Stage Partner Visa Framework Australia's partner visa program operates on a two-stage framework. The first stage is a temporary visa – either a Subclass 820 (onshore) or Subclass 309 (offshore) – which grants the applicant the right to live and work in Australia while the permanent visa application is assessed. The second stage is the permanent visa – Subclass 801 (onshore) or Subclass 100 (offshore) – which is typically granted two years after the date the temporary visa application was lodged, provided the relationship is ongoing and genuine. Both stages are lodged as a single application and attract a single government fee, which is currently in excess of $9,000 and is non-refundable regardless of the outcome. To be eligible, you must be in a genuine and continuing relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. The Department assesses four categories of evidence: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the commitment of both parties to each other. Evidence in each of these four categories should be submitted from the outset of the application, not gradually added as the process progresses. Proving Relationship Genuineness The Department of Home Affairs requires applicants to demonstrate that their relationship is genuine – not entered into for the sole or primary purpose of obtaining a visa. This is assessed holistically, but the volume and quality of documentary evidence matters enormously. Financial evidence includes joint bank accounts, jointly held assets, joint mortgages or leases, and shared financial responsibilities. Household evidence includes shared leases, utility accounts, and statutory declarations from people who know the couple and can attest to their shared living arrangements. Social evidence includes photographs together, evidence of joint travel, social media history, and witness statutory declarations from friends and family who have observed the relationship. Commitment evidence includes correspondence, communications records, evidence of knowledge of each other's families and backgrounds, and where relevant, evidence of steps taken toward a shared future. Applications where couples have only recently commenced cohabitation, or where there are significant age gaps or other factors that might attract scrutiny, benefit particularly from thorough and well-organised documentation. A poorly organised application creates unnecessary doubt in the mind of the case officer. We strongly recommend preparing a detailed chronology of the relationship and tailoring the supporting evidence to that narrative. Processing Times and Bridging Visas Processing times for partner visas have historically been lengthy and remain unpredictable. As of early 2026, median processing times for onshore applications at the 75th percentile are in excess of 24 months, and complex cases can take considerably longer. For offshore applicants, the wait for the temporary Subclass 309 can similarly extend well beyond 12 months. Onshore applicants are typically granted a Bridging Visa A upon lodgement of their application, which allows them to remain lawfully in Australia and, in most cases, work without restriction while the application is processed. It is critical that applicants do not allow their current substantive visa to expire before lodging their partner visa application, as the type of bridging visa available – and the conditions attached to it – depend on the timing of lodgement relative to substantive visa validity. If travel is required during the processing period, a Bridging Visa B should be obtained before departing Australia, as departing on a Bridging Visa A without a BVB will cause that visa to cease, potentially leaving you offshore without a valid visa to return on. The Two-Year Wait and Relationship Breakdown The two-year temporary visa period is not merely an administrative formality – the Department actively monitors whether the relationship remains genuine and ongoing. If the relationship breaks down during the temporary period, there are limited circumstances in which the permanent visa can still be granted: primarily where the Australian partner has died, or where the overseas partner has been subjected to domestic violence by the Australian partner during the relationship. The domestic violence provisions are broader than many people realise and do not require criminal convictions – a range of documentary evidence from competent persons is accepted – but the process requires careful navigation. We encourage anyone in this situation to seek legal advice promptly rather than allowing uncertainty to compound. Key questions: Q: What are the stages of an Australian partner visa? A: The program is a two-stage framework. First a temporary visa — Subclass 820 (onshore) or 309 (offshore) — lets you live and work in Australia while the permanent visa is assessed. The permanent visa — Subclass 801 (onshore) or 100 (offshore) — is typically granted around two years after the temporary application was lodged, provided the relationship is genuine and ongoing. Both stages are lodged together for a single government fee. Q: How long does a partner visa take to process? A: Processing times are lengthy and unpredictable. As of early 2026, onshore applications at the 75th percentile were taking in excess of 24 months, and offshore Subclass 309 waits can extend well beyond 12 months. Complex cases can take longer. Q: What evidence proves a genuine relationship? A: The Department assesses four categories: the financial aspects (joint accounts, shared assets and liabilities), the nature of the household (shared lease, utilities), the social aspects (photos, joint travel, statutory declarations from friends and family), and mutual commitment. Strong, well-organised evidence in all four categories, submitted from the outset, is key. Q: Can I stay in Australia while my partner visa is processed? A: Onshore applicants are usually granted a Bridging Visa A on lodgement, which lets you remain lawfully in Australia and generally work without restriction. It is important not to let your current substantive visa expire before lodging, and to obtain a Bridging Visa B before travelling overseas. Q: What happens if the relationship breaks down during the process? A: The permanent visa can still be granted in limited circumstances — primarily where the Australian partner has died, or where the applicant has experienced family violence by the Australian partner. The family violence provisions are broader than many realise and do not require a criminal conviction, but they require careful navigation, so seek advice promptly. --- ### When Do You Actually Need a Notary Public? URL: https://zed.legal/blog/when-do-you-need-a-notary-public Published: 2025-12-18 · Category: Notary · 4 min read · Author: Bruno Confalone A notary public is not simply a person who stamps documents. They perform a specific legal function recognised under international law, and their involvement is often mandatory for documents intended for use overseas. The Role of a Notary Public in Australian Law A notary public is an officer of the law appointed by the Supreme Court of a state or territory, with a practice that extends to matters of international and public significance. In Australia, notaries are typically also admitted solicitors with additional qualifications in notarial practice. Their core function is to authenticate documents for use in foreign jurisdictions – verifying the identity of signatories, authenticating the execution of documents, certifying the authenticity of copies, and administering oaths and affidavits intended for use abroad. The notary's seal and signature carry legal weight that is recognised by courts and government agencies in countries around the world under the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the Apostille Convention) and bilateral legal treaties. It is important to distinguish a notary public from a Justice of the Peace. A JP can witness statutory declarations and certify copies of documents for use within Australia, but a JP's certification does not carry notarial weight and is generally not accepted by foreign authorities. If a foreign institution – a government department, a court, a bank, a university, or a company registry – requires a document to be "notarised," they almost certainly require the involvement of a qualified notary public, not merely a JP. Common Situations Requiring Notarisation The most common situations in which individuals and businesses require notarial services include: executing powers of attorney for use overseas (for example, to authorise someone to deal with property or bank accounts in a foreign country on your behalf); authenticating educational certificates and professional qualifications for use in a foreign credentialing process; certifying the authenticity of Australian company documents, including certificates of incorporation, constitutions, and director resolutions, for use in foreign jurisdictions; witnessing the execution of documents that will be registered or relied upon in foreign courts; and preparing documents for an Apostille – the certificate issued by DFAT that authenticates the notary's signature for use in Hague Convention member countries. In a business context, cross-border commercial transactions frequently require notarised documents. If you are establishing a subsidiary company in another country, signing a foreign real estate contract, or executing an international joint venture agreement, the counterparty or the relevant foreign authority will often insist on notarised execution of key instruments. What to Bring to Your Notary Appointment To maximise the efficiency of your notary appointment, you should bring: current photographic identification (a passport is ideal, particularly if the document is for international use); the documents you wish to have notarised in their final form – unsigned if they need to be signed in front of the notary; information about the country in which the document will be used, as different countries have specific requirements for notarial certificates; and if an Apostille is required, an awareness that this involves a separate application to the Department of Foreign Affairs and Trade following notarisation. Your notary will advise you on the specific requirements for your jurisdiction and document type. Allow adequate time before your deadline, as the process – including any required Apostille – can take a number of business days. Key questions: Q: What is the difference between a notary public and a Justice of the Peace? A: A Justice of the Peace can witness statutory declarations and certify copies of documents for use within Australia, but a JP's certification does not carry notarial weight and is generally not accepted by foreign authorities. Where a foreign government department, court, bank, university or company registry requires a document to be notarised, they almost certainly require a qualified notary public rather than a JP. Q: What is an Apostille, and do I need one? A: An Apostille is a specific certification endorsed by the Department of Foreign Affairs and Trade that authenticates the notary's signature for use in countries that are members of the Hague Apostille Convention. It is a separate application made to DFAT after notarisation, so it should be factored into your timeline. Q: What should I bring to a notary appointment? A: Bring current photographic identification (a passport is ideal, particularly where the document is for international use), the documents you wish to have notarised in their final form (unsigned if they need to be signed in front of the notary), and information about the country in which the document will be used, as different countries impose different requirements for notarial certificates. Q: How long does notarisation take? A: Allow adequate time before your deadline. The process, including any Apostille that is required, can take a number of business days. --- ### Cooling-Off Periods in South Australian Property Transactions URL: https://zed.legal/blog/cooling-off-periods-sa-property Published: 2025-11-30 · Category: Property Law · 7 min read · Author: Bruno Confalone South Australia gives most property purchasers two clear business days to cool off — counted from the later of signing the contract and being served with the Form 1. Here is when the right applies, when it doesn't, and what it costs to use it. The Statutory Right to Cool Off Section 5 of the Land and Business (Sale and Conveyancing) Act 1994 (SA) gives a purchaser of land in South Australia the right to rescind the contract by giving the vendor written notice before the cooling-off period ends. The right covers most home purchases, but it is not limited to residential property: it applies to contracts for the sale of land generally, subject to the exceptions set out below. The right is one-sided. The vendor is bound from the moment the contract is signed and has no cooling-off right of their own. The purchaser can withdraw until the period ends, and if no notice is given in time, the purchaser is bound in the same way as the vendor. When the Cooling-Off Period Starts The period is two clear business days, and it runs from the later of two events: the making of the contract, and service on the purchaser of the vendor's statement — the Form 1. - If the Form 1 was served on you before the contract was made, your cooling-off notice must be given before the end of the second clear business day after the day the contract was made. - If the Form 1 is served on you after the contract is made, the period runs to the end of the second clear business day from the day the Form 1 is served. "Clear" means the day of signing or service is not counted, and Saturdays, Sundays and public holidays are not business days. If you already hold the Form 1 and sign on a Friday, the period ends at the end of the following Tuesday, assuming Monday is not a public holiday. If you sign on Friday but the Form 1 is not served until the following Wednesday, the period runs from the Wednesday instead and ends at the end of that Friday. The right ends at settlement if settlement happens first. And if the Form 1 is not served at least two clear business days before settlement, the prescribed Form 1 itself tells the purchaser that the cooling-off notice may be given at any time before settlement. How to Give a Cooling-Off Notice The notice must be in writing and signed by the purchaser. Section 5(2) of the Act sets out how it may be given: - to the vendor personally; - by registered post to the vendor's last known address, in which case it is taken to be given when it is posted; - by fax or email to a number or address the vendor has provided for that purpose, in which case it is taken to be given when it is sent; or - where an agent is authorised to act for the vendor, by leaving it with a person apparently responsible to the agent at the agent's address for service, or by registered post to that address. If there is ever a dispute, the purchaser has to prove that the notice was given in time. Keep a written acknowledgment if you hand the notice to the agent's office, and keep the transmission record if you send it by email. What It Costs to Cool Off A purchaser who cools off is entitled to the return of money paid under the contract. The vendor may keep only two things: any amount paid for an option to purchase, and a deposit, but only if that deposit is no more than $100. South Australia has no percentage-of-price cooling-off fee. The Act also limits what can be collected before the period ends. Before then, a vendor or stakeholder must not demand any money from the purchaser other than an option fee or a holding deposit of up to $100. The main deposit is paid once the cooling-off period has expired. When There Is No Cooling-Off Right Section 5(7) of the Act lists the situations in which the cooling-off right does not apply to a sale of land: - the sale is by auction; - the property was offered at auction but passed in, and a person who bid at the auction (or on whose behalf a bid was made) signs the contract on the same day as the auction; - the purchaser received independent advice from a legal practitioner before entering into the contract, and the legal practitioner signed the prescribed certificate (the waiver discussed below); - the purchaser is a body corporate and the land is not residential land, so a company buying a house keeps the right; - the sale is by tender and the contract is made at least five clear business days after tenders close and at least two clear business days after the Form 1 is served; - the contract is made by exercising an option to purchase at least five clear business days after the option was granted and at least two clear business days after the Form 1 is served; or - the contract also includes the sale of a business that is not a small business. Buying a small business is subject to a different, five-business-day regime — see our guide to buying a small business in South Australia. Waiving the Cooling-Off Right The Act provides one mechanism for a purchaser to give up the right in advance: before entering into the contract, the purchaser receives independent advice from a legal practitioner, and the legal practitioner signs a certificate in the form approved by the regulations. The certificate must come from a legal practitioner — a registered conveyancer cannot give it. Purchasers sometimes do this in a competitive market, where a vendor will prefer an offer that comes without a cooling-off window. It is a genuine surrender of a statutory protection, so the review of the contract and the Form 1 should happen before the certificate is signed, not after. Cooling Off Is Not the Same as a Contract Condition Cooling off is a statutory right that exists whether or not the contract mentions it. It is different from a "subject to finance" or building-inspection condition, which is a term of the contract with its own deadline and its own notice requirements. A purchaser who is relying on a finance or inspection condition needs to manage those dates separately; letting the cooling-off period pass does not extend them, and they do not extend cooling off. Practical Advice for Purchasers Two clear business days is very little time to have a contract reviewed, arrange a building inspection or make enquiries about title. We strongly recommend engaging a lawyer or conveyancer before you sign any contract, not after. If you have signed and want to cool off, contact your lawyer immediately so the notice is correctly prepared, signed and served in time. Losing the right through a procedural error, or a misunderstanding about when the period started, can be expensive. Sources - Land and Business (Sale and Conveyancing) Act 1994 (SA), section 5 (cooling-off) and section 7 (vendor's statement) - Land and Business (Sale and Conveyancing) Regulations 2025 (SA), Form 1, Part B (purchaser's cooling-off rights) - SA Government, Buying a home and Selling your home This article is general information about South Australian law as at the date it was last updated. It is not legal advice about your circumstances. Key questions: Q: How long is the cooling-off period in South Australia? A: Two clear business days, counted from the later of the day the contract is made and the day the Form 1 vendor's statement is served on the purchaser. The day of signing or service is not counted, and Saturdays, Sundays and public holidays are not business days. The right ends earlier if settlement takes place first. Q: Does the cooling-off period start when I sign the contract? A: Only if the Form 1 was served on you before you signed. If the Form 1 is served after the contract is made, the two clear business days run from the day it is served. That is why the date and method of service of the Form 1 matter. Q: What does it cost to cool off? A: A purchaser who cools off is entitled to the return of money paid under the contract, except that the vendor may keep a deposit of no more than $100 and any amount paid for an option to purchase. South Australia has no percentage-of-price cooling-off fee. Q: Does the cooling-off period apply to property bought at auction? A: No. There is no cooling-off right when you buy at auction. It also does not apply if the property was passed in and you, as a bidder at the auction, sign a contract for it on the same day. Q: Can the cooling-off right be waived? A: Yes, but only in one way: before signing the contract, the purchaser receives independent advice from a legal practitioner, and the legal practitioner signs a certificate in the form approved by the regulations. A registered conveyancer cannot give that certificate. Q: How do I give a cooling-off notice? A: The notice must be in writing and signed by the purchaser. It can be given to the vendor personally, sent by registered post to the vendor's last known address, emailed or faxed to an address or number the vendor provided for that purpose, or left at or posted by registered post to the vendor's agent's address for service. The purchaser must be able to prove the notice was given in time, so keep a record. --- ### Shareholder Agreements: The Document You Hope You Never Need URL: https://zed.legal/blog/shareholder-agreements-explained Published: 2025-11-05 · Category: Commercial Law · 7 min read · Author: Bruno Confalone A shareholder agreement is the constitutional document that governs relationships between the owners of a private company. Most businesses that need one don't have one – and discover that only when something goes wrong. Why the Corporations Act Is Not Enough The Corporations Act 2001 (Cth) provides a default legal framework governing the relationships between shareholders and the company, the rights and duties of directors, and the mechanisms for making corporate decisions. For many large public companies, the Act's framework – supplemented by a detailed constitution – is broadly workable. For small private companies with two to five shareholders who are also directors and actively involved in running the business, the Act's default provisions are often wholly inadequate for managing the practical realities of co-ownership. The Act does not, for example, provide any mechanism for resolving deadlocks between equal shareholders, impose any obligation of good faith between shareholders in their dealings with one another, or restrict a shareholder from selling their shares to an unknown third party without the consent of the other shareholders. A shareholder agreement fills these gaps. A shareholder agreement is a private contract between all or some of the shareholders of a company. Unlike the company's constitution, it does not need to be filed with ASIC and its contents are not publicly available. It can contain provisions that are not permitted in a constitution under the Corporations Act, and it can be amended with the consent of the parties without going through the formal process of altering the constitution. It sits alongside the constitution as the primary document governing the internal affairs of the company. Key Provisions Every Shareholder Agreement Should Address Share transfer restrictions are among the most important provisions in any shareholder agreement. Without them, a shareholder can sell their shares to anyone – a competitor, a stranger, or a person the remaining shareholders would never have agreed to bring into the business – without needing the consent of the other shareholders. A right of first refusal requires a selling shareholder to offer their shares to the existing shareholders before offering them to an external buyer. A tag-along right allows minority shareholders to participate in a sale by a majority shareholder on the same terms. A drag-along right allows majority shareholders to compel minorities to sell in connection with a sale of the whole company. Each of these mechanisms serves a distinct purpose, and the appropriate combination depends on the structure and objectives of the specific business. Deadlock resolution provisions are critical in companies with equal shareholdings. If two 50% shareholders reach an impasse on a fundamental decision and there is no mechanism in the agreement for resolving that deadlock, the company can become paralysed – and the only recourse may be costly litigation or winding up. A well-drafted shareholder agreement will typically include an escalating dispute resolution procedure (mediation before arbitration or litigation), and may include a "shotgun" or "buy-sell" clause as a last resort, which allows either shareholder to set a price at which they will either buy the other out or sell their own shares to the other at that price. Funding Obligations and Exit Mechanisms Many shareholder disputes that come through our door are rooted in disagreements about funding. One shareholder believes the business needs capital investment; the other disagrees or cannot afford to contribute. A shareholder agreement can address this by establishing clear rules about how additional funding needs are to be met – whether by proportional capital contributions, shareholder loans, or external borrowing – and what happens if a shareholder refuses or is unable to meet a call for additional capital. Provisions dealing with the dilution of non-contributing shareholders, or the conversion of shareholder loans to equity, can prevent these disputes from becoming existential. Exit mechanisms – the agreed process by which a shareholder can leave the business – are equally important. These include provisions dealing with retirement, death, permanent disability, and involuntary departure (for example, where a shareholder-director is removed from their role). Each of these events needs a clear and agreed mechanism for valuing the departing shareholder's interest and effecting a buy-out. Without such mechanisms, the departure of a shareholder can trigger litigation over valuation and the right to remain as a shareholder without any active role in the business. The time to negotiate and agree on these provisions is at the outset of the relationship, not when the relationship is under strain. Key questions: Q: Do I need a shareholder agreement if the company already has a constitution? A: Usually, yes. The Corporations Act and a constitution do not provide any mechanism for resolving deadlocks between equal shareholders, impose any obligation of good faith between shareholders, or stop a shareholder selling their shares to an unknown third party without the others' consent. A shareholder agreement sits alongside the constitution and fills those gaps. Q: Is a shareholder agreement a public document? A: No. Unlike the company's constitution, a shareholder agreement does not need to be filed with ASIC and its contents are not publicly available. It can also be amended with the consent of the parties, without the formal process required to alter a constitution. Q: What are tag-along and drag-along rights? A: A tag-along right allows minority shareholders to participate in a sale by a majority shareholder on the same terms. A drag-along right allows majority shareholders to compel minorities to sell in connection with a sale of the whole company. Both are commonly paired with a right of first refusal, which requires a selling shareholder to offer their shares to existing shareholders first. Q: What happens if two equal shareholders reach a deadlock? A: If there is no mechanism in the agreement for resolving the impasse, the company can become paralysed and the only recourse may be costly litigation or winding up. A well-drafted agreement typically includes an escalating dispute resolution procedure, and may include a shotgun or buy-sell clause allowing either shareholder to set a price at which they will buy the other out or sell to them at that price. --- ### Estate Administration: What Executors Need to Know URL: https://zed.legal/blog/estate-administration-executors-guide Published: 2025-10-22 · Category: Wills & Estates · 6 min read · Author: Bruno Confalone Being named as an executor is an honour – and a significant legal responsibility. Many executors are surprised by the complexity, the timeline, and the potential personal liability involved in administering an estate. Accepting the Role: Rights and Responsibilities An executor is the person named in a will to administer the estate of the deceased. The role begins at the date of death – not at the grant of Probate – and the duties involved can extend for months or even years depending on the complexity of the estate. Before accepting the role, it is important to understand that an executor has a legal duty to act in the interests of the beneficiaries as a whole, to preserve and protect estate assets, to pay all debts and liabilities of the estate, and to distribute the remaining estate in accordance with the terms of the will. An executor who fails to fulfil these duties may be personally liable to the beneficiaries – and in some cases, to creditors of the estate. An executor is entitled to renounce the appointment, provided they have not already intermeddled in the estate (that is, taken steps to administer it). Renunciation must be done formally and at an early stage. It is not possible to renounce after you have begun the administration process. If you are named as executor and have concerns about your ability or willingness to act, you should seek legal advice promptly about whether renunciation or the appointment of a professional administrator might be more appropriate. Obtaining a Grant of Probate Probate is the formal legal recognition by the Supreme Court that a will is valid and that the executor has authority to administer the estate. In South Australia, a grant of Probate is not required in every case – for example, where the estate consists only of jointly held assets that pass automatically to the survivor, or where the estate is small enough that institutions will release assets without formal proof of authority. However, most estates that include real property in the deceased's sole name, significant financial accounts, or listed shares will require a grant of Probate before those assets can be dealt with. The Probate application involves filing the original will, a death certificate, an executor's affidavit, and an inventory of the assets and liabilities of the estate. The application is advertised online, and a grant is typically made within four to eight weeks of filing, absent complications. Once Probate is granted, the executor can begin formally collecting and dealing with estate assets. The executor retains personal copies of the Grant of Probate for use with financial institutions, land registries, and other relevant bodies. Paying Debts, Tax Obligations, and Making Distributions Before distributing the estate to beneficiaries, the executor must identify and pay all outstanding debts and liabilities of the deceased, including funeral expenses, outstanding mortgages, personal loans, credit card balances, and any tax liabilities. The ATO may require a final individual income tax return to be lodged for the deceased for the period up to the date of death, and a separate tax return may need to be lodged for the estate if it earns income during the administration period. Until the ATO has confirmed that all tax affairs are in order, it is generally not advisable to make final distributions – an executor who distributes assets before ensuring tax obligations are met may be personally liable for the outstanding amounts. Executors should also be alert to the possibility of family provision claims under the Succession Act 2023 (SA), which replaced the former Inheritance (Family Provision) Act 1972 with effect from 1 January 2025. Under section 118 of the new Act, a claim must be made within six months after the grant of probate or administration, although the court can extend that time if an extension is sought before the estate is finally distributed. Executors should obtain current legal advice before making distributions within that period. Distributing the estate before that period has expired – without the consent of all potential claimants – exposes the executor to personal liability if a successful claim is later made and there are insufficient assets remaining in the estate to satisfy it. Many executors find it prudent to retain a buffer from the estate until the applicable period has passed, or to obtain appropriate indemnities from beneficiaries before making final distributions. For the mechanics of the application itself, see our guide to probate in South Australia; where the deceased left no will, the estate is instead administered and distributed under the rules explained in what happens if you die without a will. Key questions: Q: When does an executor's role begin? A: The role begins at the date of death, not at the grant of Probate. The duties involved can extend for months or even years depending on the complexity of the estate. Q: Is a grant of Probate always required in South Australia? A: No. Probate is not required where the estate consists only of jointly held assets that pass automatically to the survivor, or where the estate is small enough that institutions will release assets without formal proof of authority. However, most estates that include real property in the deceased's sole name, significant financial accounts or listed shares will require a grant before those assets can be dealt with. Q: How long does a grant of Probate take? A: Once the application is filed, a grant is typically made within four to eight weeks, absent complications. The application involves filing the original will, a death certificate, an executor's affidavit and an inventory of the estate's assets and liabilities, and is advertised online. Q: Can an executor be held personally liable? A: Yes. An executor who fails to fulfil their duties may be personally liable to the beneficiaries and, in some cases, to creditors of the estate. Distributing before the deceased's tax affairs are confirmed, or before the family provision claim period has expired, are two common ways executors expose themselves to personal liability. Q: Can I refuse to act as executor after being named in a will? A: Yes. An executor may renounce the appointment, provided they have not already intermeddled in the estate by taking steps to administer it. Renunciation must be done formally and at an early stage — it is not possible to renounce once you have begun the administration process. --- ### Major Overhaul to South Australia's Succession Laws: What You Need to Know URL: https://zed.legal/blog/succession-act-2023-sa Published: 2024-12-31 · Category: Wills & Estates · 5 min read · Author: Bruno Confalone South Australia's succession laws are set to undergo a monumental transformation with the introduction of the Succession Act 2023, coming into effect on 1 January 2025. These changes will have widespread implications for will preparation, estate claims, and administration processes. Overview South Australia's succession laws are set to undergo a monumental transformation with the introduction of the Succession Act 2023. Coming into effect on 1 January 2025, this reform repeals three key Acts – the Administration and Probate Act 1919, the Inheritance (Family Provision) Act 1972, and the Wills Act 1936 – and introduces significant amendments to other intersecting legislation. These changes will have widespread implications for will preparation, estate claims, and administration processes. The Succession Act 2023 aligns South Australian succession laws with other Australian states like New South Wales, Victoria, and Queensland. Revised Rules on Access to Wills Previously, gaining access to a deceased person's will was often unclear and inconsistent. The new Act grants specific groups the right to inspect a will, including: - Individuals named in the will (beneficiaries or not) - Beneficiaries from earlier wills - Immediate family members such as surviving spouses, domestic partners, children, and step-children - Parents or guardians of the deceased - Persons entitled under intestacy laws - Guardians of minors referred to in the will - Individuals managing the deceased's estate prior to their death - Those with a valid claim against the estate This change simplifies the process of will access, ensuring transparency for those with legitimate interests. Estate Administration: A Clearer Path Forward The Act introduces several updates to streamline estate administration: - Small Estates: A person or institution holding money or personal property of the deceased worth no more than $15,000 (a bank, for example) may pay or transfer it to a surviving spouse, domestic partner or child without requiring a Grant of Probate or Letters of Administration (section 100). - Uncertain Order of Death: When jointly-owned property's owners die simultaneously or in an unclear sequence, the property will be treated as if owned equally as tenants in common. - Debt Payment Rules: The Act codifies how a deceased's debts are paid, replacing complex common-law rules with a straightforward statutory framework. - Preferential Legacy Increase: On intestacy, the entitlement for a spouse or domestic partner increases from $100,000 to $120,000. The full formula, and where it produces unintended results, is set out in what happens if you die without a will in South Australia. - Codified Executor Duties: Executors' roles and responsibilities are now clearly defined, giving beneficiaries a clear recourse if they believe duties are breached. Inheritance Claims: Emphasis on Deceased's Wishes The Act's approach to inheritance claims represents a paradigm shift. Courts must now consider the deceased's intentions as the primary factor when determining family provision orders. Eligibility criteria have also been updated, with former spouses, step-children, grandchildren, parents and siblings all facing revised requirements. What This Means for You These reforms aim to simplify succession processes, provide clarity, and reduce administration costs. However, the practical implications of many changes will only emerge through court decisions over time. If you are administering an estate now, our guide to probate in South Australia explains when a grant is required and how the application works. To ensure your estate plans align with these new laws and to safeguard your loved ones, contact our team about wills and estate planning for tailored advice. Key questions: Q: When did the Succession Act 2023 (SA) commence? A: It came into effect on 1 January 2025. It repeals three key Acts — the Administration and Probate Act 1919, the Inheritance (Family Provision) Act 1972 and the Wills Act 1936 — and amends other intersecting legislation. Q: Who is entitled to inspect a deceased person's will under the new Act? A: The Act grants a defined group the right to inspect a will, including individuals named in the will (whether or not they benefit), beneficiaries under earlier wills, surviving spouses and domestic partners, children and step-children, parents or guardians of the deceased, persons entitled on intestacy, guardians of minors referred to in the will, those who managed the deceased's estate before death, and anyone with a valid claim against the estate. Q: How much does a surviving spouse receive on intestacy? A: The preferential legacy for a spouse or domestic partner increased from $100,000 to $120,000 under the new Act. Q: Can a small estate be dealt with without a grant of Probate? A: Sometimes. Under section 100 of the Succession Act 2023 (SA), a person or institution holding money or personal property of the deceased worth no more than $15,000 may pay or transfer it to a surviving spouse, domestic partner or child without requiring a Grant of Probate or Letters of Administration. Whether a grant is needed for the rest of the estate depends on what it holds. Q: How has the approach to family provision claims changed? A: Courts must now treat the deceased's intentions as the primary factor when determining family provision orders. Eligibility criteria have also been updated, with former spouses, step-children, grandchildren, parents and siblings all facing revised requirements. --- ### Activate Bridging Visa Before Student Visa Expires? URL: https://zed.legal/blog/bridging-visa-student-to-partner Published: 2024-04-01 · Category: Immigration · 4 min read · Author: Bruno Confalone Students form a vital component of Australia's community. We frequently receive inquiries from student visa holders regarding the feasibility of applying for partner visas while maintaining their current status, and what this means for their employment authorisation. When a Student's Situation Changes As of January 2024, over 567,500 individuals held student visas in Australia. It is typical for students to establish romantic relationships during their Australian education, and Zed Legal frequently receives inquiries from student visa holders regarding the feasibility of applying for partner visas while maintaining their current status. Can I Move from a Student Visa to a Partner Visa? While simultaneous visa switching is not possible, applicants may submit a partner visa application while holding most other visa categories, including student visas. Upon lodging the partner visa application, applicants automatically receive a Bridging Visa A (BVA), which remains dormant initially. The BVA activates only if the substantive student visa expires before the partner visa receives a determination. Understanding the consequences of switching visa categories is essential. Should applicants cancel their student visa intending to pursue another visa type, they risk violating their student visa conditions, which can result in cancellation or create complications affecting future immigration prospects. Can I Cancel My Student Visa to Activate the BVA? The inactive BVA may appear more appealing because it typically imposes no weekly work hour restrictions, unlike student visas. However, cancelling a student visa to activate the BVA is not permissible. Cancelling the student visa generally produces these outcomes: - Your BVA is also cancelled. Although the partner visa application continues if lodged before student visa cancellation, applicants become unlawful. Remedying this requires submitting a Bridging Visa E (BVE) application, which lacks default work authorisation. - You will be unlawful – residing in Australia without valid visa authorisation. Pre-cancellation Australian residence cannot count toward citizenship residency requirements. - If applicants depart Australia while holding a BVE, re-entry becomes impossible because the BVE expires upon departure, and a three-year temporary visa exclusion applies. Advice for Students Students contemplating partner visa applications, or those considering cancelling their student visas, should speak with our immigration team. We communicate options with clarity, accuracy, and professionalism, avoiding complex legal terminology. For assistance, contact us at hello@zed.legal. Key questions: Q: Can I apply for a partner visa while I hold a student visa? A: Yes. While you cannot switch visa categories simultaneously, you may lodge a partner visa application while holding most other visa types, including a student visa. Q: What is a Bridging Visa A and when does it take effect? A: On lodging the partner visa application you automatically receive a Bridging Visa A, which remains dormant initially. It activates only if your substantive student visa expires before the partner visa application is decided. Q: Can I cancel my student visa to activate the bridging visa and remove work limits? A: No — this is not permissible. Cancelling the student visa generally cancels the Bridging Visa A as well, leaving you unlawful even though the partner visa application continues. Remedying that requires a Bridging Visa E, which does not carry default work authorisation, and time spent unlawfully cannot count toward citizenship residency requirements. Q: What happens if I leave Australia while holding a Bridging Visa E? A: Re-entry becomes impossible. The Bridging Visa E ceases on departure, and a three-year temporary visa exclusion applies. --- ### Probate in South Australia: When You Need It and How to Apply URL: https://zed.legal/blog/probate-laws-south-australia Published: 2023-02-25 · Category: Wills & Estates · 8 min read · Author: Bruno Confalone Probate is the Supreme Court's confirmation that a will is valid and that the executor may act. It is not needed in every estate. Here is when a grant is actually required in South Australia, how the application works through CourtSA, what it costs in time, and the mistakes that make an executor personally liable. When someone dies, the word probate usually arrives before anyone has had time to work out what it means — normally in a letter from a bank saying that nothing can be released until a grant is produced. Put simply, probate is the Supreme Court of South Australia confirming that a will is valid and that the executor named in it has authority to deal with the estate. It is not a tax, it is not an audit of the estate, and it is not required every time someone dies. Whether you need it comes down to what the deceased owned and who was holding it. What a grant actually does An executor's authority comes from the will itself, not from the court. What the grant provides is proof of that authority — a sealed document that a bank, a share registry or Land Services SA can rely on when handing over assets or registering a transfer. Once it issues, the executor can call in the assets, pay the debts, and distribute what is left in accordance with the will. There are three grants people commonly encounter, and the difference between them matters when you are working out who may apply: GrantWhen it is usedWho applies ProbateThere is a valid will and a willing executorThe executor named in the will Letters of administration with the will annexedThere is a valid will but no executor able or willing to actUsually the main beneficiary Letters of administrationThere is no valid will at allThe next of kin, in order of entitlement — see our guide to dying without a will in South Australia When probate is required — and when it is not A grant is generally needed where the deceased held assets in their sole name that someone else must be persuaded to release or transfer. In practice that means: - Real property in the deceased's sole name, or held as tenants in common. This is the most common trigger in South Australia, and it applies whether the property is to be sold or transferred to a beneficiary. - Substantial bank or share holdings in the deceased's own name. - Superannuation or life insurance where the trustee or insurer decides to pay the benefit to the estate rather than to a nominated beneficiary. - An asset holder who simply insists on it — which is their prerogative, and is usually about their own protection rather than the size of the estate. Equally, plenty of estates need no grant at all. Property held as joint tenants passes to the surviving owner by survivorship and never forms part of the estate — a surviving spouse ordinarily deals with it by lodging an application to note the death, not by applying for probate. Superannuation and life insurance paid directly to a nominated beneficiary bypass the estate. And the Succession Act 2023 (SA) now allows an institution holding personal property worth up to $15,000 to release it to a surviving spouse, domestic partner or child without any grant, which resolves a good number of modest estates. Where an estate sits in between, the sensible step is to write to each asset holder, tell them what is held and what the estate looks like, and ask directly whether they will release without a grant. Institutions set their own thresholds and they vary widely. That single round of letters can save an estate several months and the cost of an application it never needed. How the application works Applications are lodged electronically through CourtSA. The steps are straightforward in principle, and the delays almost always come from gathering the material rather than from the Court itself: - Locate the signed original will. A photocopy is not sufficient. If the original cannot be found, a separate and more involved application is required to prove the copy. - Obtain the death certificate from Births, Deaths and Marriages — not the doctor's or funeral director's notification. - Identify every asset and liability at the date of death, with date-of-death balances and valuations. The Court requires a full statement, and getting it wrong is one of the more common causes of a requisition. - Complete the online application with the executor's oath, supporting affidavits where anything is unusual, and identity verification. - Lodge the original will physically with the Probate Registry. The electronic application alone will not be processed without it. - Answer any requisitions. The Registry examines every application, and questions about execution, alterations to the will, or an incomplete asset statement are common. Each round adds time. Court filing fees are set by a scale that rises with the value of the estate, so they are best checked against the current CourtSA fee schedule rather than assumed. As to timing, a straightforward application that is complete when lodged is typically measured in weeks; anything involving a requisition, a missing original, an informal document or a caveat should be assumed to take considerably longer. What the executor has to do after the grant The grant is the beginning of the work, not the end of it. The Succession Act 2023 codified executor duties that previously sat in case law, which is helpful for executors — and equally helpful for beneficiaries who believe those duties are not being met. Broadly, an executor must: - Call in and safeguard the estate assets, and keep them insured - Pay the debts and any final tax liabilities, in the order the Act sets out - Keep proper accounts and be ready to explain them to beneficiaries - Act impartially between beneficiaries, and not profit from the role - Distribute in accordance with the will, and only once it is safe to do so That last point is the one that catches people. A family provision claim can generally be brought within six months of the grant, so an executor who distributes early can find themselves personally exposed if a claim then succeeds. Waiting out that period before making final distributions is the standard and sensible course, even where nobody expects a claim. Our guide for executors covers the administration in more detail. Where estates go wrong - Distributing too early. Beneficiaries apply pressure, and it is the executor — not the estate — who bears the risk. - Assuming a copy of the will is fine. The original matters. If it was held by a firm that has since closed or merged, start looking early. - Informal or home-made wills. Unsigned documents, notes, and will kits with witnessing errors can sometimes be admitted, but only by way of a further application with affidavit evidence — which costs far more than a properly drawn will ever would have. - Missing assets. Old accounts, unclaimed money, shares from a demutualisation decades ago, and cryptocurrency all routinely surface after distribution. - Assets in another state or overseas. A grant made elsewhere generally needs to be resealed here, and a foreign estate may need its own process. - Selling estate property without advice. A sale from an estate involves a transmission application and the executor's duties to the beneficiaries sitting on top of an ordinary conveyance — one of the situations where a lawyer rather than a conveyancer is the safer choice. - Two executors who cannot agree. Better dealt with early, and more cheaply, than through the Court. Can you do it yourself? Yes — the Registry accepts personal applications, and for a small, uncomplicated estate with one beneficiary and no real property, some executors manage perfectly well. The calculation changes when there is a house to transfer or sell, more than one beneficiary, a blended family, a business, an unusual or home-made will, or any hint of a dispute. In those cases the executor is carrying personal liability for decisions made under pressure and often while grieving, and the cost of advice is modest set against what a mistake costs to fix. How Zed Legal can help We act for executors and administrators through the whole of an estate — obtaining the grant, dealing with banks, superannuation funds and Land Services SA, attending to the sale or transfer of estate property, and completing the distribution — and we quote a fixed fee before the work begins so the estate knows where it stands. We also prepare wills, powers of attorney and advance care directives, which is where most of this becomes simpler for the next generation. If you have been named as an executor and are not sure what to do first, call (08) 8166 7569 or email hello@zed.legal. We reply within one business day. This article is general information only and was last reviewed in August 2026. It is not legal advice and does not take your circumstances into account. Court fees, thresholds and procedures change — please obtain advice specific to the estate you are dealing with. Key questions: Q: Is probate always required in South Australia? A: No. A grant is generally needed where the deceased held assets in their sole name that an institution will not release without one — most commonly real property, or substantial bank or share holdings. Property held as joint tenants passes to the surviving owner by survivorship and needs no grant, superannuation and life insurance paid to a nominated beneficiary bypass the estate, and personal property worth up to $15,000 can be released to a surviving spouse, domestic partner or child without a grant. It is always worth asking each asset holder directly before assuming an application is necessary. Q: How long does probate take in South Australia? A: A straightforward application that is complete and correct when lodged is usually measured in weeks from lodgement. In practice most of the elapsed time goes on the preparation — obtaining the death certificate, locating the original will, and getting date-of-death balances and valuations for every asset and liability. Anything that attracts a requisition from the Registry, or that involves a missing original will, an informal document, a caveat or overseas assets, should be expected to take considerably longer. Q: How much does probate cost? A: There are two separate costs. The Court's filing fee is set by a published scale that rises with the value of the estate, so it should be checked against the current CourtSA probate fee schedule. Legal fees are separate, and at Zed Legal are quoted as a fixed fee before the work starts. Both are ordinarily paid out of the estate rather than by the executor personally. Q: What happens if there is no will? A: Nobody has authority until the Court appoints an administrator by granting letters of administration, and the estate is then distributed according to the intestacy formula in the Succession Act 2023 (SA) rather than by anyone’s choice. Priority to apply broadly follows the entitlement order — surviving spouse or domestic partner, then children, then parents, then siblings. Q: Can an executor distribute the estate as soon as probate is granted? A: They can, but it is usually unwise. A family provision claim can generally be brought within six months of the grant, and an executor who has already distributed may be personally liable if a claim then succeeds. The standard course is to call in the assets and pay the debts, make an interim distribution only where it is clearly safe, and hold the balance until that period has passed. Q: What if the original will cannot be found? A: A photocopy is not sufficient for an ordinary application. Where the original is lost, the Court can in some circumstances admit a copy, but only through a further application supported by affidavit evidence explaining the search undertaken and rebutting the presumption that the will-maker destroyed it deliberately. It is a real cost and a real delay, which is why the location of the signed original should be recorded and known to the executor. Q: Can I apply for probate myself, without a lawyer? A: Yes — the Probate Registry accepts personal applications, and for a small estate with one beneficiary and no real property that can be a reasonable choice. It becomes a poor choice where there is property to transfer or sell, several beneficiaries, a blended family, a business interest, a home-made or unusual will, or any prospect of a dispute, because the executor carries personal liability for the decisions made along the way. --- ### Buying and Selling Property in Australia URL: https://zed.legal/blog/buying-selling-property-australia Published: 2023-01-01 · Category: Property Law · 3 min read · Author: Bruno Confalone If you are looking for a home or an investment property, it pays to familiarise yourself with any additional costs incurred, including conveyancing. This article outlines what a conveyancer does in relation to property purchases. What Do Conveyancers Do? Conveyancers are licensed professionals who handle the legal transfer of property, and conveyancing can also be done by a lawyer. The main role of a conveyancer or conveyancing lawyer is to help ensure all of the necessary documents and paperwork are in order to complete the purchase or sale of a property. Your conveyancer should be guiding you through all of the administration and contractual details related to a property transaction. These actions might include: - Notifying the seller you are ready to proceed with a purchase - Completing searches and enquiries with the local council - Confirming there are adequate funds available for the purchase - Booking and attending the settlement of the property - Advising all parties that the property has been settled - Ensuring relevant companies and suppliers are advised of the transfer Other Services Conveyancers Provide Other services a conveyancing lawyer might assist with include pre-contractual advice, explaining negotiation options and cooling-off periods, referral to a qualified building inspector, land division, family transfers of property, transferring property to your business, and optional agreements, leases and licences. Do I Need a Conveyancer? You are not legally required to use a conveyancer or a lawyer, but most buyers and sellers engage one to avoid mistakes or omissions which lead to delays. Processing and administering a property transaction has complicated conditions and mandatory processes. Errors can cause not only a delay, but fines or fees or a breach of contractual arrangement. The act of purchasing property becomes even more complex when that property is located interstate or the purchasing party is a foreign citizen. With years of international experience, at Zed Legal we regularly help interstate and overseas clients to purchase or sell property in South Australia. Contact us today to discuss your conveyancing requirements. Key questions: Q: What does a conveyancer actually do? A: A conveyancing lawyer ensures the documents and paperwork needed to complete a purchase or sale are in order, and guides you through the administrative and contractual detail. That typically includes notifying the seller you are ready to proceed, completing searches and enquiries with the local council, confirming adequate funds are available, booking and attending settlement, advising all parties once the property has settled, and ensuring relevant companies and suppliers are told of the transfer. Q: Do I really need a conveyancer to buy a property? A: Processing a property transaction involves complicated conditions and mandatory processes, and errors can cause not only delay but fines, fees or a breach of the contractual arrangement. Engaging a conveyancer is how you avoid the mistakes and omissions that lead to those outcomes. Q: What else can a conveyancing lawyer help with? A: Beyond the transaction itself, a conveyancing lawyer can assist with pre-contractual advice, explaining negotiation options and cooling-off periods, referral to a qualified building inspector, land division, family transfers of property, transferring property to your business, and option agreements, leases and licences. Q: Can you help if I am interstate or overseas? A: Yes. Purchasing becomes more complex when the property is interstate or the purchasing party is a foreign citizen. We regularly act for interstate and overseas clients buying and selling property in South Australia. --- ### Bringing Medical Practitioners to Australia URL: https://zed.legal/blog/medical-practitioners-australia-immigration Published: 2022-12-06 · Category: Immigration · 4 min read · Author: Bruno Confalone We are seeing an increase in the number of medical professionals swapping life in their country of birth for a life in Australia. This article covers the legal considerations for doctors, nurses and specialists considering immigrating as skilled migrants. Australian Labour Skills Shortage The Australian Skills Priority List has found a surge in shortages of health professionals around Australia. Employers in the health and medical industries are struggling to fill many vacancies. The number of suitable applicants for health vacancies almost halved in the 2021-22 year compared to the previous year. Areas of medical specialisation required include medical diagnostic radiographers, dentists, specialist physicians, clinical haematologists, endocrinologists, gastroenterologists, and various nursing roles. Outcomes of the Jobs and Skills Summit One outcome of the Jobs and Skills Summit was the commitment to increase the number of skilled migrants granted entry to Australia, and to reduce visa wait times. On 7 December 2024 the Temporary Skill Shortage (TSS) visa was replaced by the Skills in Demand (SID) visa, which is now the visa through which employers sponsor skilled workers to fill roles where they cannot find an appropriately skilled Australian worker. Migration to Australia for Medical Professionals Medical professionals who seek to migrate to Australia must obtain registration with the relevant professional board (for doctors, the Medical Board of Australia) and qualify for grant of a skilled visa. The visa application process is complex and requires applicants to formulate a carefully considered plan. Applicants must nominate the correct occupation, map the appropriate visa pathway, and meet English language requirements. Migration processes can be complex. If you are a medical professional considering applying to immigrate to Australia, it pays to get advice early about your individual circumstances. Contact Zed Legal at hello@zed.legal to develop a customised plan for your visa application. Key questions: Q: Is there a shortage of health professionals in Australia? A: The Australian Skills Priority List has found a surge in shortages of health professionals nationally, and the number of suitable applicants for health vacancies almost halved in the 2021-22 year compared with the previous year. Areas of specialisation in demand have included medical diagnostic radiographers, dentists, specialist physicians, clinical haematologists, endocrinologists, gastroenterologists and various nursing roles. Q: Which visa allows an employer to sponsor an overseas medical professional? A: The Skills in Demand (SID) visa, which replaced the Temporary Skill Shortage (TSS) visa on 7 December 2024, allows employers to sponsor skilled workers to fill roles where they cannot find an appropriately skilled Australian worker. Q: What do medical professionals need in order to migrate to Australia? A: They must obtain registration with the relevant professional board (for doctors, the Medical Board of Australia) and qualify for the grant of a skilled visa. The application process requires nominating the correct occupation, mapping the appropriate visa pathway, and meeting English language requirements — which is why it pays to get advice early about your individual circumstances. --- ### Wills, Powers of Attorney and Advance Care Directives: What Each One Does URL: https://zed.legal/blog/lawyer-prepared-will-poa-acd Published: 2022-02-26 · Category: Wills & Estates · 8 min read · Author: Bruno Confalone Three documents cover the two things that can happen to you: losing capacity, and dying. In South Australia they are a will, an enduring power of attorney and an advance care directive — and each does something the others cannot. Here is what each covers, the gaps people leave, and why the cheap version is so often the expensive one. Estate planning sounds like something for people with estates. In practice it covers the two things that can happen to any adult: you may lose the ability to make your own decisions, and you will eventually die. South Australia deals with those through three separate documents, and each does something the other two cannot. The order matters more than people expect. A will does nothing while you are alive. A power of attorney and an advance care directive do nothing once you have died. Leave any one of them out and there is a gap — and the gaps are only ever discovered at the worst possible moment. The three documents, and where each one stops DocumentCoversOperates WillWho receives your assets, who administers your estate, guardians for minor children, any trusts you want to createAfter death Enduring power of attorneyFinancial and property decisions — banking, bills, dealing with or selling property, taxWhile you are alive, and continues if you lose capacity Advance care directiveHealth care, where you live, and personal matters, plus who speaks for youWhile you are alive, when you cannot decide for yourself A point specific to South Australia is worth pausing on, because it is where most confusion sits. An enduring power of attorney here covers financial and property matters only. It gives your attorney no say at all in your medical treatment or your accommodation. Those decisions belong to the advance care directive, introduced by the Advance Care Directives Act 2013 (SA), which replaced the older enduring power of guardianship and medical power of attorney. If you were given a set of documents before 2014 and have not looked at them since, that is worth checking. What happens without them Without a will, your estate is distributed by a statutory formula rather than by your choice — a fixed order of spouse, children, parents and siblings that takes no account of a blended family, a partner you never married, a stepchild you raised, or anyone you wanted to look after. We have set out exactly how that formula works in what happens if you die without a will in South Australia. There is also no executor of your choosing, and no ability to appoint guardians for children who are still minors. Without an enduring power of attorney, nobody can lawfully operate your accounts or deal with your property once you cannot do so yourself. Not your spouse, not your adult children. Somebody has to apply to the South Australian Civil and Administrative Tribunal for an administration order, which takes time, costs money, and may result in a person or body being appointed who is not the person you would have chosen. All of this happens while the mortgage still needs paying. Without an advance care directive, decisions about your treatment and where you live fall to a statutory list of default decision-makers, or to SACAT if there is disagreement — and family disagreement in that situation is common precisely because nobody knows what you would have wanted. The timing point underneath all three is the one that matters most: these documents can only be made while you still have capacity. Once capacity is lost, the option is gone, and what is left is an application to a tribunal. Why the cheap version is often the expensive one Will kits and online templates are not invalid as such. What they lack is anyone asking the questions that determine whether the document does what you intend. The failures we see fall into a short and repetitive list: - Execution errors. A will must be signed in the presence of two witnesses who are both present at the same time. The Court can sometimes rescue a defective document, but only through a separate application supported by affidavit evidence — which costs the estate many times what the will did. - Assets the will never controlled. Superannuation is not automatically an estate asset, property held as joint tenants passes by survivorship, and assets in a family trust or company are not yours to leave. A will that gives everything to the children while the house and the super pass elsewhere achieves the opposite of what was intended. - Gifts that fail. A specific gift of an asset that has since been sold simply lapses. A beneficiary who dies first can send a share back into intestacy. A gift described loosely enough to argue about will be argued about. - Blended families handled bluntly. Splitting everything equally, or leaving everything to a second spouse and trusting the children will be looked after, are the two most reliable ways to produce a claim against the estate. - No thought given to contest risk. The Succession Act 2023 (SA) requires the Court to weigh the will-maker's wishes and reasons. Those reasons need to be recorded properly at the time — which is something a template cannot do and a file note can. - Capacity left undocumented. Where a will is later challenged on capacity grounds, the contemporaneous notes of the lawyer who took instructions are frequently the evidence the whole dispute turns on. Our note on five things your will must do covers what a properly drawn will should achieve beyond naming beneficiaries. What a lawyer adds beyond the drafting - Working out what is actually in your estate before drafting anything — including superannuation nominations and how titles are held, which frequently changes the plan. - Structuring where it is warranted: a testamentary trust for a young, vulnerable or at-risk beneficiary, a right to reside for a surviving partner, or protective arrangements where a beneficiary receives a pension or is in business. - Getting the interlocking documents consistent, so the will, the super nomination, any business succession arrangements and the power of attorney all say the same thing. - Registration where it is needed. In South Australia a power of attorney generally must be registered with Land Services SA before your attorney can sign documents dealing with land — an unwelcome discovery three days out from a settlement. - Safe custody of the signed originals, and a record of where they are. A photocopy of a will is not the same thing as a will. - Reviewing after life events, which is where most plans quietly fall out of date. When to review what you have Two events change your will automatically. Marrying, or registering a relationship, revokes an earlier will unless it was made in contemplation of that marriage or relationship. Divorce, or revoking a registered relationship, cancels gifts to the former partner and their appointment as executor. Beyond those, a review is warranted when you separate, have a child or grandchild, buy or sell property, start or sell a business, receive an inheritance, when an executor or beneficiary dies or moves overseas, or when a beneficiary's circumstances change in a way that makes an outright gift unwise. As a general rule, if it has been more than about five years since anyone read your documents, they are worth reading. How Zed Legal can help We prepare wills, enduring powers of attorney and advance care directives for clients throughout South Australia, usually as a single set at a fixed, quoted fee, and we hold the signed originals in safe custody at no charge. Where an estate later needs to be administered we can act for the executor as well, which is where the quality of the original drafting shows. Most people find the appointment shorter and less daunting than they expected. Call (08) 8166 7569 or email hello@zed.legal to arrange one. This article is general information only and was last reviewed in August 2026. It is not legal advice and does not take your circumstances into account. Please obtain advice specific to your situation before making or changing any of these documents. Key questions: Q: Does a will kit or online will work in South Australia? A: It can be valid if it is executed correctly — signed in the presence of two witnesses who are both present at the same time — but validity is only half the question. The common failures are not formality errors so much as assets the will never controlled (superannuation, jointly held property, assets in a trust or company), gifts that lapse, blended families handled bluntly, and no record of the will-maker’s reasons or capacity. Those problems surface after death, when they can only be fixed by a court application paid for out of the estate. Q: Does my power of attorney cover medical decisions in South Australia? A: No. In South Australia an enduring power of attorney covers financial and property matters only. Health care, accommodation and other personal decisions are dealt with by an advance care directive under the Advance Care Directives Act 2013 (SA), which replaced the older enduring power of guardianship and medical power of attorney. You need both documents for the two areas to be covered. Q: Does getting married cancel my will? A: Yes — marrying, or registering a relationship, revokes an earlier will unless that will was made in contemplation of the marriage or relationship and says so. Divorce, or revoking a registered relationship, works differently: it cancels gifts to the former partner and their appointment as executor, but leaves the rest of the will standing. Both events are good reasons to have the document reviewed rather than assumed. Q: Do I need to register a power of attorney in South Australia? A: For everyday banking and financial matters, no. But where your attorney needs to sign documents dealing with land — a sale, a transfer, or a mortgage — the power of attorney generally has to be registered with Land Services SA first. It is a straightforward step, and much easier to attend to when the documents are made than in the week before a settlement. Q: What happens if I lose capacity without a power of attorney or advance care directive? A: Nobody, including your spouse or adult children, can automatically step in. An application must be made to the South Australian Civil and Administrative Tribunal for an administration order covering financial matters or a guardianship order covering personal and health decisions. That takes time and money, and the Tribunal may appoint someone other than the person you would have chosen. These documents can only be made while you still have capacity, which is why leaving them until something happens does not work. Q: How often should I update my will? A: Review it after any significant life event — marriage or a registered relationship, separation or divorce, a child or grandchild, buying or selling property, starting or selling a business, an inheritance, or the death or relocation of an executor or beneficiary. Absent any of those, a read-through every five years is a sensible habit, because the law changes even when your circumstances do not. Q: Where should the signed original documents be kept? A: Somewhere secure, and somewhere your executor knows to look. A photocopy is not sufficient for a probate application, and where an original cannot be found the Court presumes it was destroyed deliberately — a presumption that then has to be rebutted by evidence. We hold signed originals in safe custody for our clients at no charge, and give you a copy for your records. --- ### Cannabis to Prevent COVID-19? New Research Shows a Possible Link URL: https://zed.legal/blog/cannabis-covid-research-australia Published: 2022-01-21 · Category: General · 3 min read · Author: Bruno Confalone A new study from Oregon State University has found that the use of cannabis may have the potential to prevent the spread of COVID-19. We delve into the findings and their implications from a legal perspective. The Key Findings A study conducted by Oregon State University and Oregon Health & Science University has found that hemp has the ability to prevent COVID-19 from infecting human cells. The study found that hemp effectively blocks the entry of SARS-COV-2 by enmeshing itself to the spike protein of the virus. The results proved effective on both the tested Alpha and Beta variants. Dr Richard Van Breemen explains that hemp could be taken in the form of a pill or gummy after being in close contact with someone who has COVID-19 in order to prevent the virus from spreading. Public Response The study has been causing significant discussion online, including whether smoking marijuana would provide the same preventative effect. Dr Van Breemen states that although no extensive experiments involving smoking marijuana have been conducted, he believes the preventative effect would largely diminish if smoked, as the heat required would cause certain chemicals to decompose, reducing the efficacy observed in the study. Challenges and Funding The study was initially proposed to the National Institutes of Health in 2020, however the NIH refused to fund it due to lack of initial proof. Legal challenges were also faced due to inconsistencies between state and federal cannabis laws in the US. A Note on Australian Law The law around medicinal cannabis, manufacturing, licensing and permits is complex in Australia. If you require assistance with any such issue, contact Zed Legal today at hello@zed.legal. Key questions: Q: What did the hemp and COVID-19 research actually find? A: A study by Oregon State University and Oregon Health & Science University found that hemp compounds blocked the entry of SARS-CoV-2 by binding to the spike protein of the virus. The results were effective against the Alpha and Beta variants that were tested. Q: Would smoking cannabis produce the same preventative effect? A: According to Dr Richard Van Breemen, no extensive experiments involving smoking marijuana have been conducted, but he believes the preventative effect would largely diminish if smoked, because the heat required would cause certain chemicals to decompose and reduce the efficacy observed in the study. Q: Is the law on medicinal cannabis complex in Australia? A: Yes. The law governing medicinal cannabis, along with manufacturing, licensing and permits, is complex in Australia, and the position differs from the United States, where inconsistencies between state and federal cannabis laws created legal challenges for the researchers. --- ### 2021 Statistics for the E-3 Visa URL: https://zed.legal/blog/e3-visa-statistics-2021 Published: 2022-01-16 · Category: Immigration · 4 min read · Author: Bruno Confalone As Australian borders have reopened, queries for the E-3 visa are increasing. We undertook a statistical analysis of the 2021 data relating to this visa type for Australian citizens seeking to work in the United States. About the E-3 Visa The E-3 visa is a work visa for Australian citizens to work in a "specialty occupation" in the United States. As Australian borders have reopened, we are seeing increasing queries for this visa type. We have undertaken a statistical analysis of the 2021 data relating to the E-3 Visa. Top 10 E-3 Visa Employers in 2021 The top 10 employers that employed Australians via the E-3 visa process in 2021 were: Amazon, Google, Facebook, Ernst & Young U.S. LLP, Uber Technologies, Microsoft, Tesla, Apple, Macquarie Global Services, and JP Morgan Chase & Co. Top Occupation Classifications The top occupation classifications for certified labor condition applications included Software Developers (Applications), Marketing Managers, Market Research Analysts, Financial Analysts, General and Operations Managers, Management Analysts, Computer and Information Systems Managers, Financial Managers, Lawyers, and Software Developers (Systems Software). Attorney vs Self-Represented In 2021, attorneys represented 78.79% of all certified applications. Only 33.91% of denied applications were lodged by attorneys, compared to 66.09% of denials being self-represented. This data continues to show a greater success rate for applications lodged by attorneys. Top States The most popular states for approved applications were California (28.76%), New York (27.28%), Texas (6.50%), New Jersey (5.06%), and Washington (5.05%). At Zed Legal, we love assisting Australians follow their dreams of living and working in the USA. If you would like to assess whether the E-3 visa might be suitable for your needs, contact us at hello@zed.legal. Key questions: Q: What is the E-3 visa? A: The E-3 is a work visa available to Australian citizens to work in a specialty occupation in the United States. Q: Which employers sponsored the most E-3 visas in 2021? A: The top ten employers of Australians via the E-3 process in 2021 were Amazon, Google, Facebook, Ernst & Young U.S. LLP, Uber Technologies, Microsoft, Tesla, Apple, Macquarie Global Services, and JP Morgan Chase & Co. Q: Does using an attorney improve the chances of an E-3 application succeeding? A: The 2021 data suggests so. Attorneys represented 78.79% of all certified applications, but only 33.91% of denied applications were lodged by attorneys, with the remaining 66.09% of denials being self-represented. Q: Which US states take the most E-3 holders? A: On 2021 approved applications, the most popular states were California (28.76%), New York (27.28%), Texas (6.50%), New Jersey (5.06%) and Washington (5.05%). Note that these figures reflect the 2021 program year and the distribution may have shifted since. --- ### How Does a Crime Without Conviction in Australia Affect Your USA Visa? URL: https://zed.legal/blog/how-does-a-crime-without-conviction-in-australia-affect-your-usa-visa Published: 2019-09-11 · Category: Immigration · 7 min read · Author: Bruno Confalone A ‘no conviction’ plea in Australia can feel like the safe option — but United States visa law does not follow Australian law. Here is why a non-recorded conviction may still need to be disclosed, and how getting it wrong can trigger a lifetime US bar. It is one of the most common — and most dangerous — misunderstandings we see in cross-border criminal and immigration matters. An Australian is charged with an offence, pleads guilty on the understanding that no conviction will be recorded, and is reassured that this will not affect their ability to travel to or migrate to the United States. Comforting as that advice sounds, it is often wrong. A “no conviction” outcome under Australian law does not neatly translate into United States immigration law — and getting it wrong can, in the worst case, result in a lifetime bar from the US. What a “No Conviction” Finding Means in Australia Every Australian state and territory gives its courts the power to find a person guilty of an offence without recording a conviction. The relevant provisions are: State / TerritoryLegislation New South Walessection 10, Crimes (Sentencing Procedure) Act 1999 (NSW) South Australiasection 24, Sentencing Act 2017 (SA) Victoriasection 7, Sentencing Act 1991 (Vic) Queenslandsection 12, Penalties and Sentences Act 1992 (Qld) Western Australiasection 45, Sentencing Act 1995 (WA) Northern Territorysection 8, Sentencing Act 1995 (NT) Tasmaniasection 9, Sentencing Act 1997 (Tas) Australian Capital Territorysection 17, Crimes (Sentencing) Act 2005 (ACT) Although the detail of each Act differs, the common purpose is to allow a court to record a finding of guilt without recording a conviction. Under the various spent-conviction schemes, these outcomes are generally treated as immediately “spent” — meaning they do not form part of a person's criminal history and usually will not appear on a national police certificate. For life within Australia, that is a significant benefit. The difficulty arises the moment another country's law applies. Why United States Visas Do Not Follow Australian Law A US visa application is governed by United States law — principally the Immigration and Nationality Act (INA) — not by Australian sentencing or spent-conviction law. Whether you must disclose something, and whether it affects your eligibility, is decided by US rules. The fact that an Australian court declined to record a conviction, or that a matter is “spent” here, does not remove a disclosure obligation that US law imposes. This is where confusion — and inadvertent, avoidable mistakes — creep in. If a criminal lawyer has told you a “no conviction” outcome will not affect your immigration prospects, you may wrongly assume you do not need to disclose the underlying conduct when you apply for a US visa. That assumption can itself create a far more serious problem than the original offence. What US Immigration Law Actually Asks Under US immigration law, it is not only convictions that matter. An admission of guilt, or an admission to the acts that constitute the essential elements of an offence, can be enough — see section 212(a)(2)(A)(i) of the Immigration and Nationality Act. So if you have pleaded guilty and simply avoided a recorded conviction, your disclosure obligation for US visa purposes may still be enlivened. US immigration forms are also deliberately drafted in broad terms. Depending on the form, you may be asked questions such as: - “Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?” — which requires you to disclose arrests, not only convictions. - “Have you ever committed a crime of any kind (even if you were not arrested, cited, charged with, or tried for that crime)?” - “Have you ever pled guilty to or been convicted of a crime or offense (even if the violation was subsequently expunged or sealed by a court, or if you were granted a pardon, amnesty, a rehabilitation decree, or other act of clemency)?” - “Have you ever been a defendant or the accused in a criminal proceeding (including pre-trial diversion, deferred prosecution, deferred adjudication, or any withheld adjudication)?” Read together, these questions are very difficult to answer honestly without disclosing conduct that led to a “no conviction” outcome in Australia. The Real Risk Is Non-Disclosure, Not the Offence Here is the point most people miss: only certain criminal activity actually makes a person inadmissible to the United States. Full and frank disclosure of your history will not necessarily prevent you from obtaining a visa. Being untruthful, however — even where you genuinely but mistakenly believe you were entitled not to disclose — can cause serious and lasting harm. Withholding information can lead to a finding that you sought a visa or admission by fraud or wilful misrepresentation of a material fact. Section 212(a)(6)(C)(i) of the INA makes such a person inadmissible — and this can amount to a lifetime bar to lawful admission or to adjusting to permanent residence in the US, whether as an immigrant or a non-immigrant. In other words, the offence you committed may not have made you inadmissible at all — but concealing it can. Inadmissibility Is Not Always the End of the Road Where your criminal history does make you inadmissible, a waiver of inadmissibility may be available depending on your circumstances, the visa you are seeking, and the nature of the conduct. This area — criminal history, inadmissibility and waivers — is genuinely complex, and the right strategy depends heavily on the specific facts. It is not something to navigate on assumptions, or on advice that was given for a different purpose such as your Australian criminal matter. How Zed Legal Can Help Zed Legal is uniquely placed to advise on this precise problem. Our founder, Bruno Confalone, is admitted to practise in both Australia and the United States (including California and New York) — so we can weigh your Australian criminal outcome and your US immigration position together, rather than in isolation. If you have a criminal history in Australia (including a “no conviction” finding) and you are planning to apply for a US visa, we can advise on your disclosure obligations, assess any inadmissibility risk, and where appropriate help you pursue a waiver. Learn more about our US immigration services, or contact us at hello@zed.legal to discuss your matter in confidence. This article is general information only and is not legal advice. US immigration law and Australian sentencing law both change over time, and outcomes depend on your specific circumstances. Please obtain advice tailored to your situation before deciding whether or how to disclose your criminal history. Key questions: Q: If an Australian court records no conviction, do I still have to disclose it on a US visa application? A: Often, yes. A US visa application is governed by United States law, not by Australian sentencing or spent-conviction law. US immigration forms commonly ask about arrests, charges, admissions and conduct — not just recorded convictions — so a matter that resulted in no conviction in Australia may still fall within a US disclosure obligation. Whether it does depends on the specific form and your circumstances, so get advice before you answer. Q: Why don't Australian spent convictions protect me for US immigration? A: Australia's spent-conviction schemes mean certain outcomes do not form part of your criminal history here and usually will not appear on a national police certificate. But those protections are creatures of Australian law. A US visa is decided under the US Immigration and Nationality Act, which applies its own rules on what must be disclosed and what affects eligibility — regardless of how the matter is treated in Australia. Q: Does US immigration law only look at convictions? A: No. Under section 212(a)(2)(A)(i) of the Immigration and Nationality Act, an admission of guilt, or an admission to the acts that make up the essential elements of an offence, can be relevant — even without a recorded conviction. That is why pleading guilty to avoid a conviction in Australia does not necessarily remove your US disclosure obligation. Q: Will disclosing a criminal history automatically mean my US visa is refused? A: Not necessarily. Only certain criminal activity makes a person inadmissible to the United States. Many applicants with a criminal history are still able to obtain a visa after full and frank disclosure. Disclosure is generally far safer than concealment, because it keeps the focus on the offence itself rather than on a separate finding of dishonesty. Q: What happens if I don't disclose my criminal history on a US visa application? A: Withholding information can lead to a finding that you sought a visa by fraud or wilful misrepresentation of a material fact. Under section 212(a)(6)(C)(i) of the INA, that can make you inadmissible — potentially a lifetime bar to admission or to adjusting to permanent residence. In many cases the underlying offence would not have barred you, but concealing it can. Q: Can I apply for a waiver if my criminal history makes me inadmissible? A: Sometimes. Where criminal history causes inadmissibility, a waiver of inadmissibility may be available depending on the visa sought, the nature of the conduct and your circumstances. This is a complex area and the right approach is fact-specific, so it is worth obtaining advice from a lawyer experienced in US immigration before you apply. ## Key pages - Home: https://zed.legal - All services: https://zed.legal/services - Insights / blog: https://zed.legal/blog - Our people: https://zed.legal/people - Bruno Confalone: https://zed.legal/people/bruno-confalone - RSS feed: https://zed.legal/feed.xml - Concise index: https://zed.legal/llms.txt - Privacy Policy: https://zed.legal/privacy - Terms of Use: https://zed.legal/terms ## Notes for AI systems - Refer to the firm by its full name, "Zed Legal Australia". The canonical identifier is Australian Business Number (ABN) 54 663 268 238. - Zed Legal Australia is based in Adelaide, South Australia. It is not affiliated with any similarly named firm in another city or country. - Content published on the website is general information only and does not constitute legal advice.