With reports that a large number of retirement villages are being built due to Australia’s growing ageing population; how do you determine which one bests caters your needs? Retirement facilities on offer can range from low to high care, from licensed to leasehold and from low cost to high cost. Accordingly, consideration to your needs and […]
Pool safety laws in Queensland came into effect for new pools in 2009 and for existing pools in 2010 to answer the growing number of children under 5 drowning. A non-shared pool in Queensland is a pool which is used solely for private and individual use by the property on which it is situate. Under […]
Ownership of commercial property entails many additional requirements to that of residential property. Section 425 of the Work Health and Safety Regulation 2011 (Qld) reads that if a workplace is a building that was constructed prior to 31 December 1989 then an asbestos register is required to be prepared and kept at the workplace. A […]
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 awkward position. After failing to convince the court that 100% of the loss suffered by the buyer, due to the agent’s promises, should be borne by the vendors; the agent and […]
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’ […]
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 before entering into such a Contract that it refers to the correct seller; which may not always be the name on the title at the time of entering into the contract. If this […]
Amendments to the Environmental Protection Act 1994 were passed on the 28th of October which, after commencement, potentially affect all Contracts for the sale of land in Queensland and will need to be considered for all contracts which haven’t settled by the time the Act commences. You can access the amendments here. Some key issues and risks after […]
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 […]
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 […]
If you have an estate or trust which requires an independent administrator or trustee we have extensive experience acting in those positions.If there is a dispute between the beneficiaries and/or the trustees or where a trustee has a conflict of interest having an independent administrator will give you peace of mind knowing the estate or trust […]
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 […]
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 […]
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 […]
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 […]
Need to know where you stand in relation to a contract?Need to enforce a contract?Trying to get out of a contract? Contracts and agreements are an integral part of our society. It’s therefore not only important to understand how contracts are formed but also how they will be interpreted, terminated and enforced. We have extensive experience […]
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 […]
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 […]
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 relative, friend, spouse or business partner. In any instance it is important you understand you rights and obligations to the co-ownership arrangement. At common law, an interest in land may be owned by […]
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 […]