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Commercial Properties Selling or Leasing

Property Law July 29, 2014

Commercial Properties Selling or Leasing

For any Commercial Property Owners who are planning to sell or sublease their Commercial premises it is important to ensure that you remember to comply with the requirements of the Building Energy Efficiency Disclosure Act as the penalties for non-compliance can include fines of up to $170,000.00. The Act applies to Commercial office buildings which are used for administrative, professional or clerical activities, which are for sale, lease or sub…

Alternative Dispute Resolution

Articles Courts July 29, 2014

Alternative Dispute Resolution

Whilst in general we are keen to encourage clients to consider various means of alternative dispute resolution rather than proceeding to Court, we don’t think that a rather novel approach adopted by a lawyer in Kazakhstan is likely to catch on in Australia. ‘The Mirror’ news paper in the UK reports that a Lawyer Evgeniy Tankov, was appearing in Court and was apparently unhappy with the way the Case was…

Self Managed Superannuation and Estate Planning

Property Law July 29, 2014

Self Managed Superannuation and Estate Planning

There are a significant amount of Self Managed Superannuation Funds in existence in Australia and ensuring that they are properly managed and administered is a very important task. For any one who does have a Self Managed Superannuation Fund it is absolutely essential that they develop a comprehensive Estate Plan and as part of that process it is vital that they ensure that they attend to the preparation of an…

Sexual Harassment in the Workplace

Criminal Law July 29, 2014

Sexual Harassment in the Workplace

The recent decision of the Full Federal Court in the appeal in Richardson –v- Oracle Corporation Australia means the potential penalties for Employers who fail to take comprehensive steps to prevent sexual harassment in the workplace have increased significantly. The court found that Oracle was vicariously liable for the conduct of Mr Randol Tucker in sexually harassing another employee, Rebecca Richardson. At first instance the Federal Court awarded Ms Richardson…

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…

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