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Electronic Communication – Have You Kept the Appropriate Records

Business Law October 30, 2013

Electronic Communication – Have You Kept the Appropriate Records

The use of Email in particular has become a common practice for parties to a contract to communicate. Just because you have saved the email that you have sent, if it comes to litigation, have you kept the necessary records? In the Electronic Transactions Act (Qld) 2001 it provides that you must keep, in electronic form – The origin of the electronic communications; The destination of the electronic communication; When…

Family Law Accredited Specialist

Family Law October 17, 2013

Family Law Accredited Specialist

Aylward Game Solicitors are delighted to announce that our Partner Ian Field achieved the status of Accredited Specialist in Family Law. The status of Accredited Specialist is awarded by the Law Society following a rigorous process of exams and assessments which are conducted every two years. These exams and assessments are truly challenging. Our congratulations to Ian, and for any clients who require specialist family Law advice he can be…

A Good Conveyancer Can Save You Many Thousands of Dollars

Conveyancing Property Law October 16, 2013

A Good Conveyancer Can Save You Many Thousands of Dollars

Two recent cases which came before the Queensland Courts illustrate very well the vital importance of ensuring that the Conveyancer that you appoint to handle your property sale or purchase is an experienced and high quality practitioner. In the case of Filmana Pty Ltd & Ors –v- Tynan and Anor, at the heart of the dispute was the question of whether the contract for the sale of the property in…

Why Should I Review My Will

Wills and Estate Planning October 11, 2013

Why Should I Review My Will

Once we have completed a Will for a client we always advise them to keep the Will under regular review. There are numerous reasons why it might be necessary to amend the terms of your Will, perhaps the most obvious is simply that you change your mind about what you want to happen to your Estate. You may acquire more assets or you may sell some assets, you may wish…

A View on Property

Property Law September 19, 2013

A View on Property

Anyone buying or selling property in Queensland needs to be aware of the provisions of the Neighbourhood Disputes (Dividing Fences and Trees) Act. The affect of this Act is that anyone who owns a property is entitled to retain the view that exists at the time that they buy it. If that view subsequently becomes obstructed by a tree, on another property (which is more than 2.5 meters tall), then…

Would You Go Guarantor For Your Son or Daughter?

Property Law September 12, 2013

Would You Go Guarantor For Your Son or Daughter?

Congratulations, you paid off your home loan! Your children or child has all grown up and moved out. Now you're looking forward to your retirement. Now its time for your son or daughter to buy their first home or business or real expensive car and the bank will not lend them the money. They say they will not lend them the money unless they have a guarantor. Your son or…

Your Own Solicitor for Life or a One Time Offer

Conveyancing September 10, 2013

Your Own Solicitor for Life or a One Time Offer

When you have decided to buy a home or a house for investment purposes, you will need a conveyancing solicitor. Many people will simply google “Conveyancer” or “Conveyancing solicitor” which will see a large variety in the quality of results that this produces. There are solicitors who as well as attending to your conveyancing can also support you in a range of other legal areas. It can be a concern,…

Mutual Trust and Confidence

Employment Law August 29, 2013

Mutual Trust and Confidence

Some of our other articles have highlighted that the Fair Work Act seems to be forever changing, with new obligations falling on employers as a result of changes to the legislation. The Full Court of the Federal Court has now added to the changing landscape in a decision made in the case of Commonwealth Bank of Australia and Barker. In this case the court held that there is an implied term…

Capital Gains Tax and Overseas Residents

Articles August 13, 2013

Capital Gains Tax and Overseas Residents

Recent changes to the Capital Gains Tax 50% discount regulations mean that Australian residents who have lived overseas or foreign or temporary residents in Australia need to take particular care when calculating any Capital Gains Tax payments that need to be made on any CGT event which occurs after the 8 May 2012. This includes individuals in their own capacity or as beneficiaries of trusts or partners in a partnership.…

Gold City Councils Local Law 17- Potential Rights to Terminate

Property Law August 7, 2013

Gold City Councils Local Law 17- Potential Rights to Terminate

The Local Law 17 which relates to the maintenance works and waterway areas commenced 5 July 2013. Broadly speaking Local Law 17 imposes disclosure requirements for Sellers and provides potential termination rights for Buyers. A useful information sheet has been issued by the Gold Coast City Council (“GCCC”). This may be found at http://www.goldcoast.qld.gov.au/local-law-no-17-maintenance-of-works-in-waterway-areas-2013-information-sheet-16990.html. The information sheet notes that disclosure requirements and potential termination rights relate to “relevant lots” which…

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