A Simple Guide to Ownership Changes in NSW

Transferring property in NSW is a major legal step, whether you're gifting a home, managing an inheritance, or settling a divorce. Falzon Legal provides the compassionate guidance needed to handle the paperwork and register the change with the NSW Land Registry Services.

What is a Property Title Transfer?
A property title transfer is the formal process of moving ownership of land or a building from one person or entity to another. To be legal, this change must be recorded on the official land title. While usually involving houses, these transfers can also apply to other assets like shares or even companion animals in family law cases.

Common Reasons for Transferring Property
- Family Gifts: Giving a home to your children to help them get started.
- Relationship Changes: Adding a spouse after marriage or removing a partner after a breakup.
- Deceased Estates: Moving property to a beneficiary after a loved one passes away.
- Legal Strategy: Shifting property into a Trust or SMSF for tax or asset protection.
- Court Orders: Compulsory transfers following a legal dispute or financial agreement.

Key Tax Considerations
Changing a title often triggers tax obligations, even if no money changes hands:
- Stamp Duty: Usually paid by the person receiving the property. Exemptions often apply in divorce settlements or transfers between spouses for a family home.
- Capital Gains Tax (CGT): The person giving the property may be liable if it isn’t their primary residence.
- Land Tax: An annual tax that may apply depending on the property's use and value.

The Transfer Process and Documentation
Most transfers in NSW are now handled electronically via the PEXA network. We manage all the essential documents for you, including:
- Transfer Form: The main document that updates the official register.
- Notice of Sale: Notifies authorities like the council of the new owner.
- Identity Verification: A mandatory step to prevent fraud.
- Supporting Evidence: Such as a Will, Court Order, or Valuation Report.

Protecting Your Rights with Caveats
If you aren't on the title but have a legal interest in the home (for example, if you paid for renovations), you can lodge a Caveat. This prevents the owner from selling or transferring the property until your claim is resolved.

Falzon Legal makes the process human and straightforward. We handle the complex legal requirements so you can move forward with confidence.

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Navigating the Complexities of Winding Up Applications

A winding-up application is a creditor's ultimate move to liquidate your company and cease its operations. Ash Walker Lawyers provides the rapid, expert defense needed to stall court proceedings, negotiate settlements, and explore restructuring options to ensure your business survives.

The Survival Stakes: What is a Winding Up Application?
A winding-up application is not a warning—it is a formal legal step filed in the Federal or Supreme Court to liquidate your company. If the court grants the order, your business ceases trading, directors lose control, and a liquidator is appointed to sell off all assets.

Typically triggered by an unpaid debt of at least $4,000, this action often follows a failure to comply with a 21-day Creditor’s Statutory Demand. Once filed, it becomes a public record, potentially alerting banks, suppliers, and customers to your financial distress.

The Winding-Up Process and Your Defense Strategy
The path from an application to liquidation is swift, but there are multiple points where a powerful legal defense can intervene:

The Immediate Threat: After being served, you are given a court hearing date. Failing to appear usually results in an immediate winding-up order.

The Initial Hearing (Seeking Breathing Space): Expert lawyers can appear on your behalf to seek an adjournment. This vital pause provides time to refinance, negotiate with the ATO or creditors, or prove the company is actually solvent.

Restructuring as a Shield: Appointing a Voluntary Administrator or a Small Business Restructuring (SBR) practitioner can often stay or supersede the winding-up application, allowing for a turnaround plan (like a DOCA) rather than a shutdown.

Challenging the Debt: If the underlying debt is genuinely disputed or the application contains legal errors (such as incorrect service), the application can be contested and potentially dismissed.

Why Professional Legal Defense is Non-Negotiable
When your company's existence is at risk, "DIY" legal work is a dangerous gamble. A specialized insolvency lawyer protects you by:

Securing Adjournments: Buying the necessary time to strategize rather than facing immediate liquidation.

Protecting Directors: Providing urgent advice to shield you from personal liability risks and allegations of insolvent trading.

Negotiating Settlements: Facilitating "Withdrawal Notices" by reaching payment agreements with creditors before the final hearing.

Scrutinizing Documentation: Identifying technical flaws in the creditor’s application that could lead to a dismissal.

Don't let a winding-up application dictate the end of your business. Proactive legal action is the difference between a total shutdown and a strategic recovery.

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Why Metal is the Practical Choice
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