NEWS + BLOG
Significant Changes to Queensland's Community Titles Schemes
In a landmark move, the Queensland Government has recently enacted the Body Corporate and Community Management and Other Legislation Amendment Bill 2023. This comprehensive bill introduces significant amendments to various acts regulating community title schemes in Queensland. These changes cover a wide range of topics, including the termination of community titles schemes, smoking regulations, pet approvals, vehicle towing, and modifications to the Land Sales Act 1984. In this blog post, we will delve into the key alterations brought about by this welcomed change to legislation.
Closing the Sunset Clause 'Loophole'
In a significant development for off-the-plan land buyers in Queensland, recent amendments to the Land Sales Act 1984 have closed a longstanding sunset clause 'loophole.' This blog post explores the implications of these changes, which aims to provide greater protections for buyers involved in off-the-plan land transactions.
Beware the Email Invoicing Scam
We blog about an incident, which targeted a client in the midst of a home purchase, demonstrating the lengths to which cybercriminals will go to perpetrate their deceptions. Their tactics encompass deceptive domain names, modified account details, and the painstaking replication of email content, even replicating warnings about cybercrime!
Do I Have to Divide Assets Equally When Making a Will in Qld?
The freedom to distribute your assets as you see fit is one of the fundamental principles of will-making. However, it's important to understand the nuances, considerations, and potential consequences of unequal asset distribution when making your will.
Negotiating a Commercial Lease Renewal in QLD: Strategies for Tenants
Negotiating a commercial lease can feel like traversing undulating terrain — but the path to negotiating your commercial lease renewal doesn't need to be ridden with roadblocks or pitfalls. In fact, lease renewal time allows you to assess your position, stay ahead of the market, and potentially access a better deal to secure your business or company's operations for another half-decade or more.
The Legal Aspect of Incentives for Pensioners to Downsize Homes
Historically for many pensioners in Australia, downsizing their homes after retirement would have had an impact on their pension. The new Social Services and Other Legislation Amendment (Incentivising Pensioners to Downsize) Bill has changed all that with attractive incentives in an effort to encourage pensioners to downsize their homes.
Will Kits Can Lead to Unforeseen Costs: Case Summary - Bain v Demarchi
Partner Peter Griffin explores a case which underscores the significance of comprehending the intricacies of will drafting and clauses. A seasoned will drafter would have advised Paulo to designate an alternate beneficiary to Rhonda in case of her demise within 30 days of his own passing. Recording Paulo's alternate beneficiary could have averted the need for a court decision, ultimately saving all involved parties from legal expenses, stress, and the personal time consumed by litigation.
Understanding Australia's Revamped Help to Buy Scheme: A Legal Perspective
The revamped Help to Buy scheme presents both opportunities and complexities. While it aims to make home ownership more accessible, it comes with its set of criteria and limitations that prospective applicants must closely examine.
How to Navigate Project Development Agreements
We explore the key aspects of navigating project development agreements in Australia to help stakeholders understand the intricacies and help work towards favourable outcomes for all parties involved.
What if I want to Secure a Lease Before the Property is Built?
Choosing the right location can make or break your business; but securing the right position can be a challenge. An increasingly popular solution is an agreement for lease.
Case Summary: Cole v Walsh
This dispute centred around lease covenant clause 29, which obligated the club to certain RSL-related activities. When the RSL sold the land, the club argued it was no longer bound by these obligations. However, the court determined that these obligations were personal to the RSL and did not transfer with the land, ruling in favour of the RSL and awarding $182,000 in damages. This case serves as a reminder of the complexities in property transactions and leases for both lessors and lessees.
Case Summary - Southport Memorial Club Inc v Returned and Services League of Australia (Queensland)
We explore a recent case which highlights the importance of understanding lease covenant nature, the legal implications of selling leased land, serving as a reminder of the complexities in property transactions and leases for both lessors and lessees.
Gift or Sale? Exploring Options for Property Transfer Between Family Members
Today, we’re diving into the legal world of property transfers, uncovering the intricacies of gifting and selling (including stamp duty implications of each option) and exploring how they fit into the larger picture of estate distribution.
Seller’s Disclosure Regime Property Law Bill 2023
A new bill before Queensland Parliament - the Property Law Bill 2023 - is an initiative that will introduce a seller disclosure scheme for property transactions in the region, as is already in place in NSW and Victoria. In this blog, we outline what application of this bill may mean for buyers and sellers.
How Conveyancing Lawyers Help Navigate the Legal Landscape of Buying Off the Plan
At Bradley & Bray, our experienced team of conveyancing lawyers understands the intricacies of off-the-plan purchases in Australia, particularly in Queensland. Today, we’ll share how conveyancing lawyers play a vital role in assisting buyers throughout the process and ensuring a smooth & legally sound transaction.
Essential Considerations When Buying Rural Property in Queensland
Discover the essential considerations when buying rural property in Queensland. From water entitlements to GST exemptions, this blog explores the unique challenges of rural land purchases. Learn how our property lawyers in the Sunshine Coast can guide you through the process effectively.
7 Estate Planning Mistakes Blended Families Must Avoid
Planning your estate is important to secure the future for your loved ones after you're gone. But if you're part of a blended family, the process can be more intricate due to the complex relationships involved. In this blog post, we delve into the world of blended family estate planning and highlight seven common mistakes that you should steer clear of.
Successful Resolution in Grant of Probate Estate Dispute
Winning an estate dispute can sometimes be a tough battle, especially when allegations of undue influence and concerns about the Willmaker's capacity are thrown into the mix. But, as we proved in a recent matter, with the right evidence and a strong legal team, victory can be had.
Digital Assets in a Will: How to Protect Your Digital Wealth
Just like planning for your physical and financial assets, arranging for what will happen to your digital assets after you die is important. Including them in your will is the best way to make sure your digital legacy is passed on in the way you intended.
Case Summary: Townsville Pharmacy and V Quattro
The Supreme Court of Queensland recently resolved a dispute between Townsville Pharmacy and V Quattro over the interpretation of a contract granting an option to purchase a business. The case examined the minds of a ‘reasonable business-person’ and whether the contract was enforceable. It highlights the importance of a clear and unambiguous contract, and the need for legal advice to ensure contracts are legally binding and enforceable.
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