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Get It In Writing!

Property Law July 25, 2014

Get It In Writing!

Another decision from the Queensland Civil and Administrative Tribunal illustrates very well the importance of ensuring all terms that you have agreed to are included in a written Contract. In the case of Vivlios -v- Lucy Cole, Prestige Properties Broadbeach Pty Ltd, Mrs Vivlios alleged that the agreement to appoint Lucy Cole to sell her property on the Gold Coast was partly in writing and partly an oral agreement. The written…

Stamp Duty Traps

Articles Property Law July 25, 2014

Stamp Duty Traps

A property buyer who attempted to assist her Tenants has been stung for additional stamp duty of almost $9,000.00. The Buyer purchased her property in Wilston, in Queensland and settled on the purchase in August 2012. She obtained a Principal Place of Residence Concession on the rate of Stamp Duty and there were two main conditions to her qualifying for that concession. First of all she had to move into…

Buying and Selling Property during the G20

Conveyancing Property Law July 16, 2014

Buying and Selling Property during the G20

Anyone buying or selling a property or a business with a settlement that they expect to take place in the next few months, and also Real Estate Agents involved in arranging such transactions, might want to think about whether it would be wise to avoid any settlement dates in the run up to and just after the G20 Conference that is taking place in Brisbane. The extent of any disruption…

Neighborhood Tree Disputes

Property Law July 1, 2014

Neighborhood Tree Disputes

The Chalker’s home was extensively damaged in 2013 when a storm brought their neighbours gum tree crashing down. The Chalker’s sought repair costs from their neighbours under the Neighbourhood Disputes (Dividing Fences and Trees) Act(‘NDDFTA’) which provides ‘a tree keeper is responsible for keeping a tree keeper’s tree’. QCAT Tribunal Member James Allan noted that unlike a negligence claim, under NDDFTA, foreseeability of damage is irrelevant; thus it did not…

Property Description

Property Law June 27, 2014

Property Description

The District Court in Queensland has recently delivered a decision in the dispute between two Real Estate agents regarding the proposed sale of a property which was originally contracted in 2008. The Court found that the advertising of the property for sale included a reference to the property having access from a rear street to its own onsite parking. In reality the rear access was achieved only by crossing some…

Tenants Rent Reductions

Property Law June 27, 2014

Tenants Rent Reductions

Landlords and tenants alike should be aware of the powers of the Queensland Civil and Administrative Tribunal to consider applications under the Residential Tenancies and Rooming Accommodation Act 2008. If rented accommodation is completely or partly unfit to occupy, or if the services and facilities associated with those premises are not available or are not properly maintained, QCAT has the power to both order rental reductions and rebates and also…

Financial Year! A Reminder for Property and Conveyancing Clients with Existing Matters

Conveyancing Property Law June 19, 2014

Financial Year! A Reminder for Property and Conveyancing Clients with Existing Matters

The end of financial year is approaching us, and as anticipated the Land Registry (titles office) fees and most property search costs will increase commencing the 1st July 2014.  We have an updated list available for all Land Registry fees applying from the 1st July 2014, however updated property search costs will not be available to us until the new financial year kicks in. What does this mean for you?…

What to Look For During Pre-Settlement (Final) Inspection

Property Law May 1, 2014

What to Look For During Pre-Settlement (Final) Inspection

Under a standard REIQ Contract for the purchase of residential property Buyers are entitled to one pre-settlement inspection. Ideally as a Buyer you will want to arrange for the inspection with either the real estate agent (or in the event of no agent, the Seller direct) to occur once tenants have moved out (if applicable) and either first thing on the morning of settlement or as close to the settlement…

Installment Contracts – Applying For the First Home Owner Grant

Property Law April 1, 2014

Installment Contracts – Applying For the First Home Owner Grant

At Aylward Game Solicitors we offer experienced advice and tailored document preparation in relation to Instalment Contracts and various types of Option Agreements. Unlike standard REIQ contracts for the sale of residential houses, units or land where settlement generally occurs within a short period of time and occupation is taken on completion of the contract, Instalment Contracts generally run for an extended period of time and occupation is taken at…

Family Law around the World

Family Law February 18, 2014

Family Law around the World

There are a wide variety of different Family Law systems in place around the world. British Columbia in Canada has introduced a new possibility that we have not come across before. British Columbia’s Family Law Act, which came into effect in March 2013, has made it possible for a child to have more than two parents listed on their official Birth Certificate. The first such Birth Certificate has now been…

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