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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…

Diy Will Kits

Wills and Estate Planning January 28, 2014

Diy Will Kits

The importance of engaging a properly qualified and experienced Solicitor to undertake your Estate Planning Review and prepare your Will is well illustrated by the Supreme Court of Queensland decision in the case known as in the Will of Ethel Florence Panigas (deceased) and in the Will of John William Panigas (deceased). In that case Mr and Mrs Panigas had made valid Wills in 2003 by appointing Solicitors to undertake…

Property Contract Termination

Conveyancing January 28, 2014

Property Contract Termination

A case before QCAT has recently confirmed that the fee for terminating a property purchase contract during the cooling off period (which is 0.25% of the total contract price) is payable by the proposed Purchaser to the Seller if the seller requires payment even if the proposed purchaser has not paid a deposit. The proposed Purchaser had signed an REIQ Contract of Sale for a property on the Gold Coast.…

Is the Immunisation of Children a Special Medical Procedure?

Family Law January 16, 2014

Is the Immunisation of Children a Special Medical Procedure?

The decision as to whether or not to immunise children appears to be increasingly being argued in the Family Courts between separated parents. There have been a number of cases in the last few months in which this question has been decided for the parents by the Court in circumstances where one parent wishes to vaccinate the children and the other parent objects. In January 2014 we understand another case…

Executors Take Care

Wills and Estate Planning January 16, 2014

Executors Take Care

A recent decision made in the Courts of Victoria highlights the importance of comprehensive Estate Planning and the need for Executors to take particular care when they are dealing with an Estate in which they may have a conflict of interest. In the case of Caruana and Ors v Caruana the son of the deceased was removed as the Executor of his Fathers Estate by the Court. And not only…

Work Place Sexual Harassment

Criminal Law Employment Law January 14, 2014

Work Place Sexual Harassment

In the decision in a case known as Ewin v Vergara (No. 3) (2013) the Federal Court has clarified the position under the Sex Discrimination Act 1984 as to what is a workplace for the purposes of unlawful sexual harassment. In this case the Respondent attempted to argue that common areas of the office, such as corridors or lavatories or kitchens were not the workplace for the purpose of this…

Conveyancing – The Importance of Property Searches

Conveyancing January 14, 2014

Conveyancing – The Importance of Property Searches

When purchasing your property it is important that searches are carried out to check that the seller has met their disclosure obligations, that warranties in the contract are correct and to obtain the information required to assist in your conveyance. It is important to ensure that all searches relevant to the purchase have been considered, and that the appropriate searches are conducted at the correct stage of the conveyancing transaction.…

Social Media Strikes Again

Social Media January 9, 2014

Social Media Strikes Again

The social media website Facebook has once again featured in litigation arising in the context of an employment relationship. In Little v Credit Corp Group Limited, the Fair Work Commission upheld the decision of the employer to dismiss Mr. Little and rejected his case that his dismissal was unfair. At issue were comments that Mr. Little had posted on his Facebook page. Mr. Little’s argument was that he had posted…

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