A question we are often asked is what is the difference between joint tenants and tenants in common? The difference in ownership becomes particularly important when one of the owners passes away. Joint Tenants To put it simply, joint tenants means that you own the property equally and when one owner passes away, their share...
Author: Affinity Lawyers (Affinity Lawyers)
Fairbairn v Radecki (2022) HCA 18: Implications on how the law views de facto relationships
De facto relationships are becoming increasingly more commonplace, with marriage no longer being the stringent social norm it once was. With this shift in values comes new areas of uncertainty surrounding de facto relationships and the legal avenues available in the event they breakdown. What constitutes a breakdown of a de facto relationship? One complexity...
BUYING A BUSINESS? WATCH FOR THESE HIDDEN COSTS
Buying a business? If you are looking at buying a business or are in the process of buying a business, then there are a multitude of things you will need to consider. Not only should the typical pre-purchase due diligence enquiries be made, but some more in-depth matters (which are often glossed over or forgotten...
BUYER BEWARE OR SELLER BEWARE?
The term ‘Buyer Beware’ is well known in the conveyancing world, but how often have you heard the term ‘Seller Beware’ being raised? It is a warning that perhaps should be considered more often by Real Estate agents when acting for sellers. In relation to the sale of land, the modern position reflects the historical...
CAN AN EMPLOYER FORCE AN EMPLOYEE TO TAKE THE COVID-19 VACCINE?
After many uncertain months throughout the last year, the Queensland Government has released a plan to action the COVID-19 vaccine however, the only question is, can an employer force an employee to take the vaccine? The action plan for the vaccine’s is being rolled out in three phases:- Phase 1A: Frontline health care and quarantine...
ELECTRONIC SIGNATURES – ARE THEY VALID – BENEFITS – DETRIMENTS?
As the world evolves into a more online digital age, the use of electronic signatures are becoming more and more prevalent, and in today’s COVID impacted marketplace, and with the assistance of relatively secure digital platforms, we anticipate that it will, become the new normative in all industries, from real estate to automotive contracts, tenders...
Executor’s Obligations in Queensland
What do executors do? Statutory obligations Executors in Queensland have statutory obligations that are set out under section 52 of the Succession Act 1981 (Qld) (“the Succession Act”). However, there is no exact guideline for executors to follow because their duties may vary depending on the size and complexity of the estate, as well as...
JOINT TENANTS OR TENANTS IN COMMON
Joint Tenants or Tenants in Common When ‘real property’ is owned by more than one person, it is surprising that many people are not aware of how that property is held by the them, for example, if there is more than one property owner, the property can be held as either Joint Tenants or Tenants...
START-UPS: CONTRACTUAL CONSIDERATIONS FOR BUSINESS AGREEMENTS AND THE IMPORTANCE OF TRANSPARENCY WITH CONSUMERS
A possible point of failure in start-ups is an inattention to the legal relations of the involved parties, e.g. those between multiple cofounders, those between founders and investors, and those between the business and consumers. The common theme with these agreements is that they all, in some way, should protect the financial interests of start-ups...
NEW ENDURING POWER OF ATTORNEY AND ADVANCE HEALTH DIRECTIVE FORMS FOR QUEENSLAND
As of 30 November 2020, new Enduring Power of Attorney (“EPOA”) and Advance Health Directive (“AHD”) forms have come into effect under the Powers of Attorney Act 1998 (Qld) to replace the previously existing forms which had been in effect for more than 16 years. It is important to be aware that whilst any Enduring...
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