Case Studies

Extending Management Rights Agreements – not as simple as it seems!

The decision of Melville & Anor v Body Corporate for Santorini By The Sea CTS 16829 [2021] QCAT 285 (“Santorini”) has highlighted the importance of correctly serving notices exercising options in a Management Rights agreement, and the issues than can arise if these notices are not served.

Selling your property? Don’t forget the will!

A recent decision by the District Court at Maroochydore has highlighted the importance of keeping up to date wills, particularly when buying and selling property.

The Court Decides - Casual Entitlements

The Court Decides: some casuals entitled to leave entitlements in addition to casual leave loading

Cautionary tale – Claims under the QBCC Insurance Scheme for Defective Works

The recent decision of Cronin –v- Queensland Building and Construction Commission [2019] QCAT14 highlights the importance of obtaining independent legal advice before making an insurance claim against the QBCC Home Warranty Scheme for defective building works.

E-conveyancing - A digital shift

Property settlements are shifting from traditional paper based methods to an electronic process.

How will the Changing nature of Australia’s Workforce affect you?

Recent studies have shown that the Australian workforce is increasingly moving towards casual employment arrangements.

BFA's - Still a valid instrument? YES

A recent High Court decision, Thorne v Kennedy [2017], has caused a flutter among Family Law Commentators. The Court determined the issue of unconscionable conduct and undue influence and duress in regards to the signing of a Binding Financial Agreement (BFA). Rest assured that if you have a Binding Financial Agreement (commonly know as pre-nuptial or post-nuptial agreements) prepared under the Family Law Act 1975 entered into by you, recognising the principals of the Act and common sense common law, you are still protected.

Courtroom Follies

Charles Dickens wrote “the Law is a ass” but is it possible to make an ass of ourselves before the law? Ordinarily, the courts are a place for serious matters and serious faces. Sometimes however, even the Courts can become a source of unintended amusement as the following recent cases illustrate.

Kirby’s Courtroom Quotes

From observations on “getting hammered;” Paris Hilton to BMX Bikes; PlayStations to Ice-Cream, Kirby J is always on form, and with that in mind, we have compiled some of his more entertaining exchanges from the bench:

Landlord to pay tenant $11,000 for smoking

Decision to order a landlord to pay a tenant over $11,000 in compensation, declaring a unit that was affected by smoke from a smoker in a downstairs unit was unsuitable for occupancy.

Protecting an Inheritance from Family Law Proceedings

An oft touted statistic is that 1 in 3 marriages will end in divorce. While this is a difficult time for the spouses involved, it also can wreak havoc on the estate planning of other members of the family, as an inheritance or the expectation of an inheritance can have a significant impact on the division of matrimonial property between divorcing spouses.

Sexual Harassment in the Work Place

A recent case highlights the costly consequences of sexual harassment in the workplace. An employed accountant complained of being sexually harassed by a contract worker at her workplace.

Statutory Wills

In an increasing number of unfortunate situations, such as where a person is injured and receives a large personal injury payout, a statutory will is utilised to allow distribution in a manner that the injured person would wish.

How to avoid a Superannuation Death Benefit Dispute

A common misconception is that your superannuation can be dealt with in accordance with your Will. While that may sometimes be the case, it is important to remember that superannuation does not automatically become an Estate asset.

Why do I need a will?

Peter Brock was a well known and successful Australian motor racing driver. He passed away while competing in a car rally in Western Australia in September 2006. Despite Peter’s talent for motor racing, his story is also one that demonstrates how important it is to have a solicitor prepare a valid Will.

Retirement Living

Noosa is one the most popular Queensland locations to retire with studies showing that more that 23% of our residents are over 65 years old. Retirement living doesn't get any better than on the Sunshine Coast. It's important to do your research and not be rushed when making this major lifestyle choice

Who will get your Super?

KEEP YOUR SUPER SAFE Most people don't realise that upon your death your superannuation benefits don’t automatically form part of your estate.