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Is Your Superannuation Really Yours?
Not everyone realises a substantial part of “their assets” won’t automatically be included in their estate when they pass away. So what...
Ellison Moschella & Co
Mar 6, 20213 min read


Gifts - are they absolute?
A Supreme Court of Queensland decision highlights the fluid nature of family relationships and the importance of documenting transactions...
Ellison Moschella & Co
Mar 6, 20212 min read
Inadequate Provision Under a Will
A Supreme Court of Queensland decision in 2012 highlights the fact that in a suitable case the Court will interfere with a Testator’s...
sarahmoschella5
Mar 6, 20213 min read


Co-ownership in Queensland
Like many Queenslanders at one time or another you may embark on the journey of buying property with another person. This may be with a...
sarahmoschella5
Mar 6, 20213 min read


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...
sarahmoschella5
Mar 6, 20211 min read


Making a Will and Testamentary Capacity
In order to make a Will a person must be of sound mind, memory and understanding. This is usually referred to having ‘testamentary...
sarahmoschella5
Mar 6, 20212 min read


Special Disability Trusts
A Special Disability Trust (SDT) allows immediate family members and carers to provide for the future care and accommodation needs of a...
sarahmoschella5
Mar 6, 20212 min read


Appointing a Real Estate Agent
When it comes time to sell your property more often than not you will seek the assistance of a qualified real estate agent to get your...
Ellison Moschella & Co
Mar 6, 20212 min read
Testamentary Trusts
Testamentary trusts are fixed or non-fixed trusts that are: established by a Will funded by: o the assets of a deceased estate; or o by...
sarahmoschella5
Mar 6, 20214 min read


Interested in buying a residential property at auction? – things you should do before you bid.
In the right circumstances an auction can be an effective way to buy a property. There are a few things to keep in mind however when...
Ellison Moschella & Co
Mar 6, 20212 min read


New Property Legislative Scheme to Commence on 1 of December 2014
The Queensland Government has announced the commencement date for the four pieces of legislation that will replace the current Property...
Ellison Moschella & Co
Mar 6, 20211 min read
Changes to Off the Plan Contracts
The Attorney-General and Minister for Justice has advised that in conjunction with the POA transition, the amendments to the Land Sales...
sarahmoschella5
Mar 6, 20212 min read
Environmental Protection Act – fixing a disclosure failure
Amendments to the Environmental Protection Act 1994 were passed on the 28th of October which, after commencement, potentially affect all...
sarahmoschella5
Mar 6, 20211 min read


SUPREME COURT Confirms NOT every player in a family provision claim wins a prize.
The Supreme Court of New South Wales in the recent decision of Burke v Burke (2014) NSWSC 1015 demonstrated that not every financially...
sarahmoschella5
Mar 6, 20212 min read


What Buyers Should Know Before Purchasing from a Deceased Estate
Buyers can be motivated to buy property from a deceased estate as it is usually perceived to be good value. It is important however that...
sarahmoschella5
Mar 6, 20212 min read


Proposed Changes to BCIPA
New legislation introduced earlier in 2014 incorporates significant reforms to the Building and Construction Industry Payments Act 2004...
Ellison Moschella & Co
Mar 6, 20211 min read


Security Interest in Building and Construction Contracts
Typical security interests in construction contracts Security interests can arise from a variety clauses commonly contained in building...
Ellison Moschella & Co
Mar 6, 20212 min read
Deceased Estate Family Provision Claims?
The decision in Bouttell v Rapisarda (2014) NSWSC highlights the practical way in which the courts approach family provision claims. The...
sarahmoschella5
Mar 6, 20212 min read
Misrepresentation - A Warning to Agents and Vendors
A dispute lodged by buyer of a $2.5 million dollar unit in Brisbane’s prestigious Riparian Plaza has landed a real estate agency into an...
sarahmoschella5
Mar 6, 20212 min read


Asbestos Register – Does Your Commercial Property Require One?
Ownership of commercial property entails many additional requirements to that of residential property. Section 425 of the Work Health and...
Ellison Moschella & Co
Mar 6, 20212 min read
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