Category Archives: Property

Proposed changes to BCIPA

New legislation introduced earlier in 2014 incorporates significant reforms to the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA), and is seeking to level the playing field by making BCIPA less claimant friendly and making procedural amendments to the operation of BCIPA.   The extensive reforms focus on the following: adoption of a simplified ‘claim’ […]

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Trustee Sales

Where co-owners of property held as tenants in common cannot agree on how to deal with property, in particular whether it should be sold or not, it is possible to have the property placed into the hands of a trustee for the purposes of sale pursuant to sections 37-43 of the Property Law Act. This is referred […]

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Contracts

Negotiating an agreement?Need advice on an existing contract?Do you have a contractual dispute? Contracts are an integral part of every business. Dealings with customers, suppliers, landlords, debtors, financiers, hirers, service providers, employees, sub-contractors or just about any third party will involve some form of agreement or contract. Having a successful business can depend upon the terms of […]

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Resumptions

Government ResumptionsDo any of these describe your situation?You have received a notice of partial or total resumption of a property that you lease, own or have contracted to buy. You have received notice of a partial resumption of a property you own or lease accompanied by works and an increase in traffic noise or other detriment […]

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Leasing

If you own an investment property, or rent your business premises, you need to know the terms of your lease.Our leasing team has extensive experience in helping both landlords and tenants understand their rights and obligations, as well as conducting negotiations with both landlords and tenants to ensure that our clients’ leasing needs are accurately […]

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Conveyancing

Conveyancing is the process of transferring the title of a property from one person to another between the time a decision is made to sell a property through to registration of the change of ownership with the Titles Office.For most people, buying or selling a house will be one of the most significant financial decisions […]

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Judicial Review of Government Decisions

 Are you unhappy with an administrative decision made by a state government agency or local government authority? If you are you may be able to apply to the Queensland Supreme Court for a judicial review.It is possible to seek a review of any question of law involved in making the decision and for the reform of […]

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Co-ownership of Land

Like many Queenslanders at one time or another you may buying property with another person. This may be with a relative, friend, spouse or business partner. Many of those will fail to plan how to deal with the property if they disagree however.  So what happens in this case?Section 33(1) of the Property Law Act 1974 (Qld) provides  any property […]

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Lost views and sunlight

If your views or sunlight have been substantially affected by vegetation on neighbouring land it is possible to require the offending plants to be trimmed or removed to preserve the view which existed when you took possession of the property. This is due to amendments to the Neighbourhood Disputes (Dividing Fences and Trees) Act which […]

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Removing Caveats

What is a caveat? In simple terms a caveat is a notice lodged over land which will prevent certain dealings with the property. A caveat is a notice and not, of itself, an interest in the property. Caveats can be lawfully registered for a variety of reasons if the caveator can establish a proprietary interest […]

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