Blog

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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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 Act and Body Corporate Community Management Act contained in the Land Sales and Other Legislation Amendments Bill 2014 (LSOLAB) will commence on 1 December 2014.   The LSOLAB makes significant changes to disclosure requirements […]

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New Property legislative scheme to commence on 1 December 2014

The Queensland Government has announced the commencement date for the four pieces of legislation that will replace the current Property Agents and Motor Dealers Act 2000 (PAMDA) to be 1 December 2014. They are: Agents Financial Administration Act 2014 Property Occupations Act 2014 Motor Dealers and Chattel Auctioneers Act 2014 Debt Collectors (field Agents and Collection Agents) Act […]

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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 payments to the estate in consequence of death, e.g. superannuation death benefits or insurance proceeds paid to a deceased estate rather than directly to dependants or nominated beneficiaries; and to […]

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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 property in the public’s eye and ultimately out of your hands. Once you have chosen an agent and are feeling the butterflies of a new relationship he/she may give you […]

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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 ‘severely disabled person’. The benefits of a SDT include: families being able to set up a fund to provide for a severely disabled person after the death of the primary carer or parent; and […]

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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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Gifts – are they absolute?

A Supreme Court of Queensland decision highlights the fluid nature of family relationships and the importance of documenting transactions between family members to avoid subsequent litigation. In Peterson -v- Hottes (2012) QSC, the plaintiff mother sued her adult daughter for the repayment of $71,000 (approximately) that she provided to the daughter to help her buy a […]

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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 are these assets? Examples include: Superannuation; Trusts; Company assets; and life insurance policies. Superannuation Whether you have an employer, industry or self managed fund all superannuation funds have one things in common; the money is […]

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A Warning to Secured Creditors in Liquidations

Secured creditors in a liquidation must be careful when completing a proof of debt or voting at any meeting of creditors as doing so may render their security invalid. This was highlighted in the Queensland Court of Appeal decision of Surfers Paradise Investments Pty Ltd (in liquidation) v Davoren Nominees Pty Ltd. In this case a […]

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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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