Major changes are set to begin later this year in respect of property transactions in Queensland. On 7 May 2014, the Queensland Parliament passed The Property Occupations Act 2014 (‘The Act’), which will replace current legislation, The Property Agents and Motor Dealers Act (commonly referred to as ‘PAMDA’). The new Act aims to achieve an...
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FAMILY PROVISION APPLICATIONS
Perhaps you’ve been left out of a Will, or you think that the Will of the deceased is unfair. In Queensland, the Succession Act 1981 (Qld) (‘The Act’), confers rights to specifically defined dependants, (see below) to bring a Family Provision Application. What is a Family Provision Application? A Family Provision Application is an application...
DO YOU NEED TO LODGE A CAVEAT?
Do you need to lodge a Caveat? It is important to understand that when you separate, whether you were married or in a de facto relationship, if there is ‘real property’ involved, such as the marital home or an investment property, then you may need to act quickly to protect your interests in that property if...
CONSUMER GUARANTEES
As a consumer, you are covered by a range of basic guarantees when you acquire or purchase goods or services from suppliers, manufacturers or importers within Australia (if they were purchased on or after 1 January 2011). The Australian Consumer Law outlines nine (9) guarantees that apply to goods, including that: they are of acceptable...
RIGHTS OF EMPLOYEES UNDER EMPLOYMENT CONTRACTS
Our Gold Coast Lawyers have recently had a large amount of enquiries concerning the rights of employees following dismissal. Our previous publications have discussed employee actions under the Fair Work Act 2009 (‘the Act’), such as unfair dismissal, genuine redundancy and general protections claims, however, there are circumstances where employees cannot bring these actions against...
LEGAL RAMIFICATIONS WHEN A BINDING FINANCIAL AGREEMENT IS DRAFTED INCORRECTLY
A Binding Financial Agreement (‘BFA’) can be used by parties to reflect their agreement in respect of the division of property and assets in the event of a future separation. There are strict requirements laid out in the Family Law Act 1975 (‘FLA’) which must be met for the BFA to comply with the Act...
PURCHASING PROPERTY IN QUEENSLAND – ARE YOU ELIGIBLE FOR A STAMP DUTY CONCESSION?
When purchasing property in Queensland, unless you are eligible to obtain a first home concession (and the purchase price of the property is less than $550,000.00 for an existing property or $400,000.00 for vacant land) there will be Stamp Duty payable on the purchase of the property. Often, purchasers can overlook the inclusion of their...
GENDER EQUALITY TOUGHENS UP
On the 6th of December 2012 the Workplace Gender Equality Act received royal assent, and will be phased in over the coming two years. Gender equality reporting requirements will undergo significant changes as a result of the Act for large private sector employers who have over 100 employees. The requirement for employer’s to develop equal...
CHANGES TO FAIR WORK ACT 2009
Parental Leave From 29 December 2013, parents will be entitled to take concurrent parental leave of 8 weeks, a large increase from the previous entitlement of 3 weeks. Furthermore, any employee’s entitlement to unpaid parental leave will not be reduced by any amount of unpaid special maternity leave taken by an eligible employee. Flexible Working...
ENDURING POWER OF ATTORNEY – ARE YOU PROTECTED?
A concerning issue which has been highlighted in the media recently is the fraudulent use of Enduring Power of Attorney’s or ‘EPA’s’, with a shocking statistic that at least one EPA a week is being revoked by courts or tribunals after being presented with evidence of significant fraud. An ‘Enduring Power of Attorney’, or ‘EPA’...