The Effects of Joint Tenants vs Tenants in Common Upon Death
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The Effects of Joint Tenants vs Tenants in Common Upon Death

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...

Fairbairn v Radecki (2022) HCA 18: Implications on how the law views de facto relationships
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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...

The second generation: trusts and succession planning
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The second generation: trusts and succession planning

As a result of the many advantages a discretionary trust can have,[1] including possible taxation advantages, asset protection and income splitting opportunities, the creation of a discretionary trust has become a prevalent and popular choice for individuals wishing to develop and safeguard wealth for the future generations of their family. Despite the popularity of discretionary...

NEW SMOKE ALARM REQUIREMENTS STARTING 1 JANUARY 2022
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NEW SMOKE ALARM REQUIREMENTS STARTING 1 JANUARY 2022

NEW SMOKE ALARM REQUIREMENTS STARTING 1 JANUARY 2022 The Fire and Emergency Services Act 1990 came into effect in Queensland in 2017 to provide for the prevention of fires and other incidental emergencies; and to establish a framework for the management of compliant fire safety. If a property is not in compliance with current fire safety...

“BUT I WAS PROMISED” … WHAT ARE YOUR RIGHTS WITH GUARANTEES AND WARRANTIES?
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“BUT I WAS PROMISED” … WHAT ARE YOUR RIGHTS WITH GUARANTEES AND WARRANTIES?

A warranty is a voluntary promise made by a supplier of goods or services to an individual. This promise can be recognised as a right at law and enforceable by the individual (“consumer”) under the Australian Consumer Law (“ACL”) legislation. It is important to understand that consumers are automatically entitled to ‘guarantees’ under the ACL,...

September 20201 UPDATE – ACCESS TO THE QUEENSLAND STATE AND FEDERAL COURTS, HIGH COURT DURING COVID-19
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September 20201 UPDATE – ACCESS TO THE QUEENSLAND STATE AND FEDERAL COURTS, HIGH COURT DURING COVID-19

High Court of Australia Public counters are closed, and face-to-face services are permitted only in urgent circumstances following an initial assessment by telephone, according to the website of the attorney-general’s department. Further updates: https://www.hcourt.gov.au/ Federal Court The registries will only offer services online and via phone.Where possible, telephone and AVL are being utilised, and applications...

Price v Spoor [2021] HCA 20 – CONTRACTING OUT OF STATUTORY LIMITATION PERIODS
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Price v Spoor [2021] HCA 20 – CONTRACTING OUT OF STATUTORY LIMITATION PERIODS

The High Court has confirmed that in some circumstances parties may contract out of statutory limitation periods, which in this instance was the Limitation of Actions Act 1974 (Qld). This matter related to a mortgage, with the mortgagee filing proceedings in 2017, for unpaid amounts around 4 million that were due many years before on...