ARTICLES

DISPUTE RESOLUTIONS (BODY CORPORATE LAW) ARTICLES

I want to sue someone for a debt – what do you need me to give you?

You have a debt you want recovered - we can help with that!  We do not want to waste your time or money - so in order to fast track the process to allow us to sue someone for a debt (remember we have a 24 hour turn around time on new referrals, and 8 hours if all...

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...

BUSINESS & WEALTH STRUCTURING (COMMERCIAL LAW) ARTICLES

Privacy Obligations for the Community Organisation

It is commonly misunderstood that community organisations and/or non-profits are not encumbered by duties burdening the commercial sector.  To an extent, that is true.  However, when the question relates to the collection and use of personal information - even the...

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...

Caveats in Queensland – the Basics of Enforcing Against Land

A Caveat is a form of Statutory Injunction registered upon the title of a property which  prevents a registered owner (“Caveatee”) from either selling their property, or doing anything a person seeking to pursue an interest in the property ("Caveator") deems...

No Tax on Pensions Announced

No Tax on Pensions Announced! We are happy to announce that on 6 November 2013,  the Australian Government announced its decision to abandon a number of the problematic tax and superannuation reforms announced by the previous Government. No longer will Australians...

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,...

ESTATE PLANNING AND ADMINISTRATION (SUCCESSION PLANNING) ARTICLES

Launch of the Nautilus Law Group “Estate Planning Myths” Series

When meeting with new clients for Estate Planning matters, we often encounter some interesting myths and misconceptions about the law and processes involved with Estate Planning. Estate Planning and administration in Queensland is governed by the Succession Act 1981. ...

PROPERTY LAW ARTICLES

SMSF Borrowing Strategies – Tips and Traps

Introduction The ability of a Self Managed Superannuation Fund (SMSF) to borrow through a “limited recourse borrowing arrangement” presents a potential opportunity for investors to create considerable wealth within the tax concessional environment of a SMSF. In 2007...

Caveats in Queensland – the Basics of Enforcing Against Land

A Caveat is a form of Statutory Injunction registered upon the title of a property which  prevents a registered owner (“Caveatee”) from either selling their property, or doing anything a person seeking to pursue an interest in the property ("Caveator") deems...

No Tax on Pensions Announced

No Tax on Pensions Announced! We are happy to announce that on 6 November 2013,  the Australian Government announced its decision to abandon a number of the problematic tax and superannuation reforms announced by the previous Government. No longer will Australians...