ARTICLES

DISPUTE RESOLUTIONS (BODY CORPORATE LAW) ARTICLES

What happens when I can’t find the Defendant to personally serve?

As all lawyers and a significant number of clients learn quickly in litigation, finding a Defendant to personally serve can be painfully slow and frustrating.  Unfortunately, the Civil Procedure Rules categorically require personal service for originating matters (and...

What is the process of approving “common property improvements”?

Does your common property require improvement, but your Committee is unsure of their rights or the requirements imposed on it by law? Or is your Body Corporate aware of its obligations but requires guidance? At Nautilus Law Group, our team can assist your Committee or...

Body Corporate and Community Management – Small Scheme Module

The Body Corporate and Community Management (Small Scheme Module) Regulation 2008 (the Small Scheme Module) applies from 30 August 2008, and generally relates to bodies corporate with 2-6 lots and of a predominantly residential nature. Letting Agents Complexes...

Body Corporate Repairs and Maintenance – who pays for what?

Body Corporate Repairs and Maintenance - who pays for what? Has an owner requested your Body Corporate to do repairs and maintenance, or compensate the owner for repairs made?    There may be fine distinctions between what constitutes an owner’s obligation, and what...

Can a Body Corporate claim costs?

 A Body Corporate’s legal and mercantile costs associated with recovering outstanding body corporate debts (defined broadly as, outstanding levies, interest and recovery costs) from an owner, are distinct from legal costs incurred in association with a dispute with an...

Can a Body Corporate add 30% interest on overdue strata levies?

Yes, absolutely.  Body Corporate and Community Management Act 1997 permits Queensland bodies corporate to charge 2.5% interest per month, in other words 30% per annum, on overdue strata levies due by an owner to the bodies corporate. On occasion, in defense of legal...

BUSINESS & WEALTH STRUCTURING (COMMERCIAL LAW) ARTICLES

Tax Awareness for Family Law Settlements Critical

It comes as no surprise that the Tax Office has delivered its TR 2014/5 finding that distributions of property or money from a company as a consequence of Family Court Orders constitute assessable income.  TR 2014/5 does, however, remind practitioners and parties that...

Straight Talk about Debt Recovery

So you have an outstanding debt and you would like to collect it? Your letters to the debtor have not brought about payment.  You are at a loss as to what to do next – should you refer your debt to a collection agency? Should you seek assistance from a lawyer? This...

Business Advantages and Disadvantages For Partnerships

Which structure is right for me? Business advantages and disadvantages for partnerships Partnerships are structures that involve the carrying on of a business with two or more people. The Partnership Act 1891 (Qld) (‘the Act’) governs the way partnerships are formed,...

Does a Company Structure suit the needs of My Business?

We understand that it is stressful starting and operating your own business. How do you, as a business owner, know which structure will be best for the management and progression of your business? There are a number of different ‘business structures’, including sole...

Unfair Contract Terms

On 30 July 2013, the ACCC issued a media release advising that it has been granted a declaration by the Federal Court that the standard terms and conditions used by Bytecard Pty Limited, an Internet Service Provider, contains terms which fall within the unfair...

ESTATE PLANNING AND ADMINISTRATION (SUCCESSION PLANNING) ARTICLES

PROPERTY LAW ARTICLES

Are you buying a Body Corporate Lemon?

Due diligence searches are an important factor when purchasing a commercial or residential property, and ensuring you are considering all important information is key to determining that the investment is sound and whether to proceed with the transaction. As body...