News

Out with PAMDA, In With The Property Occupations Bill – an update

May 29, 2014

The Property Occupations Act was passed by Parliament this month, and is expected to come into effect later in the year. This will have a significant effect on the property industry, and is expected to simplify matters and reduce the high level of red tape that currently exists in the property industry. It is hoped that this will provide more certainty for those involved in property transactions in Queensland...

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Creditors’ Statutory Demands – beware of ‘Running Balances’

May 29, 2014

The delivery of Creditors’ Statutory Demands (to companies that owe money) can be a useful debt recovery tool. In a recent decision made in the case of The Deputy Commission of Taxation v Swoosh Hand Car Wash Pty Ltd (‘The Swoosh Case’) the Federal Court made an order to wind-up a company when the debt which was the subject of the Statutory Demand had been paid but another debt had subsequently accrued, and that (new) debt had not been paid...

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Estate Administration – Are you the Executor of a Will?

May 29, 2014

The death of a loved one is an emotional and stressful time for family and friends. More often than not, those family and friends are the ones that have been willed the task of administering and distributing the deceased person’s estate. Persons tasked with administering the deceased’s estate are known as the Executors. Depending on the deceased’s circumstances, there may be several (sometimes quite complex) matters that need to be dealt with by the Executors before the deceased’s estate can be administered and distributed to those persons named in the Will (known as Beneficiaries)...

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FAIR WORK – GENERAL PROTECTION APPLICATIONS: Unfair Dismissal Applications in Disguise?

May 29, 2014

The rights of employees who have been dismissed to claim that they were unfairly dismissed may be reasonably well known. What is less well known, however, is that under the Fair Work Act 2009 (‘the Act’) employees who are dismissed can make an application to the Fair Work Commission (‘FWC’) and also to the Federal Court or Federal Magistrates’ Court seeking re-instatement and/or compensation if they complain that their Employer has breached a General Protection Provision contained in the Act. ..

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Body Corporate Approval & Body Corporate By-Laws in Queensland

Apr 30, 2014

Do you own property in a Community Titles Scheme (“CTS”) in Queensland? If so, you may be aware that the Body Corporate (and consequently the Body Corporate Committee) can hold a significant degree of control when it comes to: - your application for Body Corporate Consent to a proposed change to the appearance of your Lot; or - your application for Body Corporate Consent to building on your Lot...

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