Federal Government proposes ban on non-compete clauses

On 25 March 2025 the Federal Government announced, as part of its 2025-26 Federal Budget, that if re-elected, it will introduce a ban on “non-compete” clauses for workers earning less than $175,000, with the proposed ban to take effect from 2027.

The Government’s media release states that “more than 3 million workers are covered” by non-compete clauses “including childcare workers, construction workers, and hairdressers”.

The media release further states that the “Treasury’s Competition Review heard troubling accounts about the misuse of non‑compete clauses, including minimum wage workers being sued by former employers and workers being threatened with legal action if they switched jobs”.

The Government’s plans also include proposals to “close loopholes” in Australia’s competition law that currently allow businesses to:

    • Fix wages by making anti-competitive arrangements that cap workers’ pay and conditions, without the knowledge and agreement of affected workers; and
    • Use ‘no-poach’ agreements to block staff from being hired by competitors.

The Government has indicated it will “consult further on non-solicitation clauses for clients and co-workers, and non-compete clauses for high-income workers”.

The Government’s media release can be found at https://ministers.treasury.gov.au/ministers/jim-chalmers-2022/media-releases/cracking-down-non-compete-clauses-boost-wages-and

We will keep you updated regarding further legislative developments in this area.

First Homeowner Rate of Duty and Off-the-Plan Duty Concession

On 24 March 2025, the State Government announced changes to the value of vacant land and home eligible for the first home owners concessional rate of duty. Changes to extend and expand the off-the-plan duty concession were also announced. These changes apply to transactions entered into from 21 March 2025.

First home owner rates of duty

Effective from 21 March 2025, the following increased transfer duty exemptions and concessions for first home buyers will apply:

    • for house purchases in Perth and Peel only, the transfer duty exemption threshold will increase from $450,000 to $500,000 and the concession threshold will increase from $600,000 to $700,000;
    • for house purchases in regions outside Perth and Peel, the transfer duty exemption threshold will increase from $450,000 to $500,000 and the concession threshold will increase from $600,000 to $750,000; and
    • for vacant land purchases Statewide, the transfer duty exemption threshold will increase from $300,000 to $350,000 and the stamp duty concession threshold will increase from $400,000 to $450,000.

Off-the-plan concession

The announced changes to the off-the-plan duty concession will:

    • extend the last date for the concession until 30 June 2026 (previously due to expire on 30 June 2025).
    • increase the thresholds for pre-construction contracts so that:
      • no duty is payable on properties valued up to $750,000 (previously $650,000)
      • the 100% duty concession reduces to 50% for properties valued between $750,000 and $850,000 (previously $650,000 and $750,000)
      • a 50% duty concession applies to properties valued over $850,000 (previously $750,000).
    • increase the thresholds for under construction contracts so that:
      • a 75% duty concession applies to properties valued up to $750,000 (previously $650,000)
      • the 75% duty concession reduces to 37.5% for properties valued between $750,000 and $850,000 (previously $650,000 and $750,000)
      • a 37.5% duty concession applies to properties valued over $850,000 (previously $750,000).
    • expand the concession to off-the-plan purchases of all strata scheme or community title (building) scheme  dwellings including townhouses and villas, not just multi-tiered schemes.  This does not apply to the construction of a dwelling on a survey-strata plan. Strata scheme has the meaning given in section 9 of the Strata Titles Act 1985 and community titles (building) scheme has the meaning given in section 11(7) of the Community Titles Act 2018.

If you would like to find out more or discuss your individual requirements, please contact our property and settlements team.

TWO YEAR BAN ON FOREIGN PERSONS BUYING ESTABLISHED HOMES FROM 1 APRIL 2025

On 16 February the Australian Government announced that from 1 April 2025, a ban will be in place for an initial period of 2 years (1 April 2025 to 31 March 2027), preventing foreign persons from applying to buy established dwellings in Australia, unless an exception applies.

The limited exceptions will include investments that significantly increase housing supply or support the availability of housing supply, and for the Pacific Australia Labour Mobility (PALM) scheme.

Other existing exceptions remain in place, such as for purchases by:

    • permanent residents
    • New Zealand citizens
    • spouses of Australian citizens, permanent residents or New Zealand citizens (when purchased as joint tenants).

A review will be undertaken to determine if the ban should be extended beyond 31 March 2027.

The Government also announced that it would increase funding to the Australian Taxation Office’s (ATO) foreign investment compliance team to enforce the ban and enhance screening of foreign investment proposals relating to residential property.

Further to the ban on preventing foreign persons from apply to buy established dwellings in Australia, the Government announced that it would crack down on land banking by foreign investors. The Government intends to do this by targeting foreign investors who have already received approval to acquire established dwellings but have not taken steps to comply with the development conditions imposed as part of their FIRB approval.

Australian citizens seeking to buy and hold property for foreign persons should reconsider these types of arrangements as they are inherently risky.

Most states and territories in Australia require now require buyers to make declarations about whether they are buying the land for their own purposes or on trust for another person.

A buyer who makes a false declaration and does not disclose they are acquiring and holding a property on trust for a foreign person may commit an offence.

If you would like to find out more or discuss your individual requirements about buying land in Australia, please contact our property and settlements team.

Tang Law Proudly Sponsors the WA Pianist Competition 2025

At Tang Law, we are proud to announce our sponsorship of the WA Pianist Competition (WAPC) 2025, an event dedicated to celebrating musical excellence and supporting talented pianists in Western Australia. As part of our commitment to the community, we are sponsoring the Opening Championship section’s 1st prize, helping to recognize and reward outstanding musical talent.

Why We Support WAPC

Music, like the law, requires dedication, discipline, and passion. At Tang Law, we believe in fostering talent—not just in the legal profession but in the arts and beyond. Supporting events like the WA Pianist Competition allows us to give back to the community and encourage young musicians to pursue their dreams.

The WAPC provides a platform for pianists of all levels to showcase their skills, gain valuable performance experience, and connect with a wider musical community. We are honoured to be part of this incredible event, which not only highlights artistic talent but also fosters a culture of excellence and perseverance.

About the WA Pianist Competition

The WA Pianist Competition (WAPC) is one of Western Australia’s most prestigious piano competitions, attracting talented musicians from across the state. It aims to inspire and nurture the next generation of pianists by providing performance opportunities, professional feedback, and recognition for their hard work and dedication.

📌 Learn more about the competition at wapianistcompetition.org.

Our Commitment to the Community

As a law firm, our mission extends beyond providing expert legal services—we are deeply invested in supporting the people and communities around us. Whether it’s through legal advocacy, educational initiatives, or cultural sponsorships like WAPC, we strive to make a positive impact in meaningful ways.

We look forward to seeing the incredible performances at this year’s competition and celebrating the achievements of these talented pianists. Best of luck to all participants!

Understanding the Superannuation Guarantee Charge (SGC) Changes for 2025

What Employers Need to Know About SGC Compliance

Superannuation compliance remains a key priority for businesses in 2025, with stricter regulations and increased penalties for late payments. Employers must stay up to date with their Superannuation Guarantee (SG) obligations to avoid unnecessary costs and legal consequences.

What Is the Superannuation Guarantee Charge (SGC)?

The Superannuation Guarantee Charge (SGC) is a penalty imposed on employers who fail to pay their employees’ superannuation contributions on time. Unlike regular SG payments, which are tax-deductible, the SGC includes:

  • The unpaid super amount,
  • Interest on the overdue payments, and
  • An administration fee per employee.

Late payments cannot be offset against future contributions, meaning employers must lodge an SGC statement with the ATO and pay additional charges.

Key SGC Updates for 2025

🔹 Stricter Payment Deadlines – Employers must meet SG deadlines to avoid being subject to the SGC. The ATO has reinforced its stance on late payments, meaning compliance is more critical than ever.

🔹 Increased ATO Monitoring – The ATO is ramping up its efforts to track late super payments and enforce penalties. Employers should expect greater scrutiny and enforcement actions.

🔹 Financial Implications – Late super payments result in additional costs due to interest charges, administrative fees, and lost tax deductions. This can significantly impact a business’s financial health.

How to Stay Compliant

Pay Super Contributions on Time – Ensure payments are made at least quarterly by the due dates. Using automated payroll systems can help avoid missed deadlines.
Review Payment Processes – Regularly audit your SG payments to ensure they align with ATO requirements.
Seek Professional Guidance – If you’re unsure about your obligations or facing difficulties in making payments, consulting a legal or financial expert can help.

Avoid Penalties – Stay Ahead of Compliance!

With increased enforcement of Superannuation Guarantee (SG) rules, it’s more important than ever for businesses to ensure timely payments. Failing to comply can result in significant financial penalties and administrative burdens.

If you need guidance on SGC compliance and employer obligations, our team is here to assist. Contact us today to ensure your business remains compliant and avoids unnecessary costs.

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