How we work

We listen and we tailor solutions to meet your individual circumstances.

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News and publications

JMA Legal publishes articles in a number of publications including the Law Society of NSW - read recent publications and search for topics of interest.

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Our practice

JMA Legal is a leading business law and property law firm in New South Wales with an established reputation and long history.

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Practice Areas

JMA Legal provides tailor-made client specific deeds for superannuation and trusts.

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Welcome to JMA Legal

JMA Legal is a specialised business law firm with a strong conveyancing and property law practice. We provide effective solutions to succession planning, wills and estate planning, revenue law problems and complex tax.

We tailor-make deeds for superannuation and trusts to meet the specific requirements of our clients.

Our property law team is involved with all aspects of residential, commercial, industrial, water and rural conveyancing.

All types of leasing, subdivision and interests in land such as creation of easements and rights of way are dealt with regularly.

JMA Legal has a large probate practice ranging from simple to very complex matters. We also act in family provisions matters.

JMA Legal advises private clients, small to medium sized enterprises, family businesses, agribusiness clients as well as accountants, lawyers, financial planners and management consultants.

Get in touch for more information about our services.

Latest Publications and News

Loose fill insulation asbestos testing

1 July 2016

If your home was built before the 1980’s it could be affected by hazardous loose-fill asbestos insulation.

Loose-fill asbestos is raw crushed asbestos which was installed as insulation in the 1960’s and 1970s and over time hazardous airborne fibres can move from the ceiling into your living space.

Your home can be the biggest investment that you will make but if your home contains loose-fill asbestos insulation its value in the market will be affected.  Continue Reading..

Stamp duty exemptions

10 June 2016

This article was published in this months edition of the Law Society Journal of NSW.

In 1990 David and Debbie inherited two commercial investment properties from their parents as tenants in common in equal shares. Now they want to take one each.

They consult you and welcome your advice that under section 30 of the Duties Act 1997 the properties can be transferred with just $50 duty provided they are equal in value. David says “well, they’re equal in value so far as we’re concerned, but what happens if there’s a difference?”
You explain that if, for example, Debbie’s property has a higher value than David’s, duty will be payable on the amount by which the value of Debbie’s property exceeds half the total value of both properties.  Continue Reading..

Stamp duty and mortgage duty

1 June 2016

On 11 May 2016 amendments were made to several NSW state revenue Acts.

First Home - Owner Grant Scheme

This scheme is available to first home buyers who purchase or build a new home.

A new home includes a substantially renovated home. The definition of a substantially renovated home now requires that the home must be renovated so that all (or substantially all) of a building is removed or replaced. The renovations may, but need not involve the removal or replacement of foundations, external walls, interior supporting walls, floors or staircases.  Continue Reading..

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Tax Stings

Stamp duty exemptions

10 June 2016

This article was published in this months edition of the Law Society Journal of NSW.

In 1990 David and Debbie inherited two commercial investment properties from their parents as tenants in common in equal shares. Now they want to take one each.

They consult you and welcome your advice that under section 30 of the Duties Act 1997 the properties can be transferred with just $50 duty provided they are equal in value. David says “well, they’re equal in value so far as we’re concerned, but what happens if there’s a difference?”
You explain that if, for example, Debbie’s property has a higher value than David’s, duty will be payable on the amount by which the value of Debbie’s property exceeds half the total value of both properties.  Continue Reading..

Shares and non-residents

13 May 2016

Mary and Mark were both heavily involved in the share market and over the years generated a large share portfolio and bought several investment properties. They have come to you for legal advice often over the years and you have mentioned each time that they need to do something about their estate planning. They have three children, Tom, Sarah and Harry.

Mark recently passed away without leaving a will. The administration process took its toll on Mary and she decided that there was no way she would put her children through this. Mary spoke with her children about having a will prepared and discussed with them who wanted what upon her death. Mary then comes to see you with her list of assets and proposed distribution. Continue Reading..

Trusts and hidden tax stings

14 April 2016

Many years ago Paul and Polly used a small inheritance to purchase their first pub. It was a lot of hard work but it succeeded and the business grew. At the same time they raised two boys – Peter and Patrick – and found the time to make a good job of it.  Continue Reading..

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Legally Speaking

Loose fill insulation asbestos testing

1 July 2016

If your home was built before the 1980’s it could be affected by hazardous loose-fill asbestos insulation.

Loose-fill asbestos is raw crushed asbestos which was installed as insulation in the 1960’s and 1970s and over time hazardous airborne fibres can move from the ceiling into your living space.

Your home can be the biggest investment that you will make but if your home contains loose-fill asbestos insulation its value in the market will be affected.  Continue Reading..

Stamp duty and mortgage duty

1 June 2016

On 11 May 2016 amendments were made to several NSW state revenue Acts.

First Home - Owner Grant Scheme

This scheme is available to first home buyers who purchase or build a new home.

A new home includes a substantially renovated home. The definition of a substantially renovated home now requires that the home must be renovated so that all (or substantially all) of a building is removed or replaced. The renovations may, but need not involve the removal or replacement of foundations, external walls, interior supporting walls, floors or staircases.  Continue Reading..

Swimming pool certificates of compliance and non-compliance

6 May 2016

Are you considering selling or leasing your property that has a swimming pool or spa pool? If the answer is yes, you need a certificate of compliance or non-compliance.

From the 29 April 2016, all properties being sold or leased with a swimming pool or spa pool need a valid certificate of compliance, non-compliance or an occupation certificate to be annexed to the Contract for Sale, the Lease or the Residential Tenancy Agreement. Continue Reading..

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eNews

New laws affect all vendors and purchasers selling or buying property over $2m

19 May 2016

From 1 July 2016, new laws affect all vendors and all purchasers selling or buying property over $2,000,000 in Australia.

All vendors who sell a property valued at $2M or more will have 10% of the sale price withheld by the purchaser, UNLESS they can provide a clearance certificate from the Australian Tax Office showing they are an Australian resident on or before settlement.

All purchasers who are buying property have to pay to the ATO 10% of the purchase price UNLESS they have received a clearance certificate from the vendor. Severe penalties apply if this is not done.  Continue Reading..

New and generous small business rollover relief

11 May 2016

Subdivision 328-G commences on 1 July 2016. All passed and ready to go - and very generous.
The provisions apply to small business entities - those with an aggregated turnover of less than $2 million.

There must be no change in underlying ultimate ownership by individuals.
Transfers can be between individuals, companies, partnerships and trusts - but not superannuation funds.  Continue Reading..

SMSF - Non-bank LRBA - 30 June deadline

14 April 2016

It is strongly recommended that non-bank SMSF limited recourse borrowing arrangements ("LRBAs") be reviewed to ensure compliance with the safe harbour guidelines published by the ATO last week (see PCG 2016/5).  Continue Reading..

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Super Snippets

Holiday homes and self managed super funds

18 December 2015

Summer holidays are just around the corner and many of us flock to the beach and rent a house on the coast for a week or two. This is often a time when coastal real estate agents bombard holiday makers with property brochures hoping that they might make a sale.  Continue Reading..

Life insurance and buy-sell agreements

16 October 2015

The ATO has recently released ATO ID 2015/10 that clarifies the ATO’s view as to whether a SMSF contravenes super legislation by purchasing a life insurance policy that covers the life of a member where the purchase is dependent on a buy-sell agreement.  Continue Reading..

Periodic lease - a lease that never ends

20 August 2015

One of the expenses involved in transferring business real property to a SMSF is to ensure a lease is in place for market value rent. Continue Reading..

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We provide tailor-made client specific deeds for superannuation and trusts, in addition to document packages for standard situations, available for purchase online.
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