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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…

Altruistic Surrogacy

Family Law February 18, 2014

Altruistic Surrogacy

The Surrogacy Act in Queensland has been on the statute books since 2010 and a number of Parentage Orders have now been made pursuant to that Act. The requirements set out in the Act, need to be strictly complied with. Whilst the arrangements in the United Kingdom regarding surrogacy are more piecemeal and there has not been a new Act of Parliament in the UK addressing this issue for nearly…

Engins Marbles – 50% Each

Family Law February 6, 2014

Engins Marbles – 50% Each

There have been a number of media reports recently regarding the decision in a Family Law Property Settlement case known as Elgin –v- Elgin. The case seems to have attracted some media publicity because after separation from his wife, the husband had remarried to a much younger woman and had another child. In this case the couple had a substantial amount of wealth with the total property pool being assessed…

Contract Obligations as an Owner Builder

Property Law February 6, 2014

Contract Obligations as an Owner Builder

Brief Summary of the Building Services Authority (‘BSA’) and Owner Builders The Queensland Building Services Authority Act 1991 (‘QBSA Act’) provides that a person is required to obtain an Owner Builder permit if they wish to perform building work on their own property (either to construct a new home or alter/renovate an existing home) to a value of $11,000.00 or more. Building work completed to a value under $11,000.00 is…

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