Category: <span>General</span>

As social media continues to play a dominant role in advertising and promotion, a recent decision involving Fosters and the Advertising Standards Boards (ABS) has prompted fear into the boardrooms of Australian businesses. The win by the ABS held that the Facebook site of an advertiser is by definition a ‘marketing communication tool’ due to...

When a couple separates, often the Court will need to determine whether funds provided to the parties during their relationship by their respective parents were ‘loans’ or ‘gifts’. This determination is important in a property settlement matter, because if it is found that the funds were a ‘loan’, then this is found to be a...

A power of attorney is an authority conferred on an individual to act or manage the financial affairs of another as their agent, and is commonly used when property is transferred. Upon signing the contract for sale/purchase the power of attorney is not required to be registered, provided there is a prior executed agreement between...

An easement over property is a right or legal interest that either benefits or burdens a parcel of land. It is commonly used to provide access to the sewerage, drainage and other necessary services for local councils, or alternatively to allow a right of way across neighbouring land without causing significant interference. Easements are a...

The Queensland Civil Partnerships and Other Legislation Amendment Bill 2012 came into effect on 27 June 2012, and, amongst other amendments, has renamed the former Civil Partnerships Act 2011 to the Relationships Act 2011. In order to formally recognise a committed relationship between a couple, regardless of their sex, couples can now register their relationships...

Separated couples, (married or defacto) can avoid stamp duty payments when transferring property between themselves (whether it is for a house or investment property) if their property settlement is properly documented. Which means that getting this paperwork right can represent savings of tens of thousands of dollars. To meet this requirement, the transfer of property involved...

From 1 July 2012, the principal place of residence concession will be re-introduced and the applicable concession rates will be those which were in place prior to the 1 August 2011 amendments. There have also been amendments to the first home owner concession. For contracts entered into after 1 July 2012, there will be no...

With the enactment of the Business Registration Services Act 2011, as of 28 May 2012 the Australian Securities and Investments Commission (‘ASIC’) took over the registration of business names from the States and Territory departments such as the Office of Fair Trading, which previously provided these services. There is now a single national register which...