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

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..

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..

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..

Read more

Tax Stings

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.

Acting on advice from their accountant, Prudence, Paul and Polly purchased their pub in a family discretionary trust they called the Polpall Family Trust. The potential beneficiaries were defined as Paul and Polly and descendants. The trustee was P & P Properties Pty Limited with Paul and Polly as shareholders and directors.  Continue Reading..

Mortgage duty

11 March 2016

Your friend and client John comes to see you about a proposal put by his ageing father Hugh. John tells you that Hugh wants to give him a pretty decent commercial investment building because he is sick and tired of dealing with the tenants. The idea is that John will take over the work, and the ownership, but Hugh will get a share of the rent. Continue Reading..

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Legally Speaking

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..

Property ownership: joint tenants or tenants in common

13 April 2016

When property is purchased with one or more other persons, a decision needs to be made whether to own the property as joint tenants or tenants in common. Continue Reading..

The PPSR and rural purchases

24 March 2016

The Personal Property Securities Register (PPSR) is a national electronic register whereby security interests can be registered over personal property. The register is primarily governed by the Personal Property Securities Act 2009 (Cth).  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..

Read more

Super Snippets

Holiday homes and SMSF

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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