ARTICLES
DISPUTE RESOLUTIONS (BODY CORPORATE LAW) ARTICLES
Strata Levies: Can an owner refuse to pay levies?
Can an owner refuse to pay strata levies because the owner has a dispute with the Body Corporate? Short answer: No! An owner's obligation to pay strata levies is independent of any other matter between the owner and the body corporate. Therefore, if an owner refuses...
Where do I lodge my Claim and Statement of Claim against a Defendant?
In Queensland, "where" you lodge a Claim and Statement of Claim is dictated by the Uniform Civil Procedure Rules 2001 (“UCPR”). Queensland has three different categories of Courts, which are essentially organised in terms of the matter types which each decide, as well...
Body Corporate Regulation Modules – A Brief outline of the “Standard Module”
There are five different Body Corporate regulation modules to be considered when a body corporate is assessing the scheme. This is depending on the individual circumstances of the scheme. Over the following weeks we will be reviewing each Module. The first Module to...
How does “service” of a Statement of Claim work?
After a Claim and Statement of Claim have been lodged with the Court and returned to us, the next step is to "serve" the documents on the Defendant in accordance with the Uniform Civil Procedure Rules 1999 (Qld) (UCPR). Rule 105 of the UCPR states: (1) A person...
What is the difference between a Body Corporate Committee and Body Corporate Manager?
The Body Corporate and Community Management Act 1997 (“the Act”) provides that a Body Corporate Committee shall (subject to delegation of any functions to a Body Corporate Manager or external service provider): Manage the Body Corporate and oversee compliance with...
Help, the Mortgagee has taken possession and hasn’t paid the Body Corporate Debt!
We hear that on occasion - but all is not lost for the Body Corporate! If an owner of a property fails to pay the loan repayments associated with their mortgage, the mortgagee (the bank that lent them money to buy the property and holds a mortgage over the property)...
BUSINESS & WEALTH STRUCTURING (COMMERCIAL LAW) ARTICLES
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...
What happens when I fail to pay Superannuation installments for my staff?
Most directors are aware of the importance of compliance with PAYG withholding and superannuation guarantee charge obligations. However, what happens when the company fail to pay Superannuation installments for their staff? What are the consequences for the directors?...
Business advantages and disadvantages for sole traders
Which structure is right for me? Business advantages and disadvantages for sole traders. Sole traders opt to operate their businesses as individuals, without any business structuring. Sole traders often trade under their personal name, while others will register a...
I have received a Director’s Penalty Notice from the ATO – What do I do?
Most directors are aware of the importance of compliance with PAYG withholding and superannuation guarantee charge obligations. However, what happens when the company is unable to meet these obligations and you receive a Penalty Notice from the ATO? What are the...
ESTATE PLANNING AND ADMINISTRATION (SUCCESSION PLANNING) ARTICLES
Estate Planning Myths Series: “I don’t have any assets, so I don’t need a Will”
It is a common phrase heard, particularly from young adults – “I don’t have any assets, so I don’t need a Will”. Young adults and non-homeowners are often of the opinion that, because they do not have “significant” assets – they do not need a Will. This article...
Estate Planning Myths Series: When I die, a percentage of my estate is paid to the government as a “death tax”
We often encounter the misconception that when you die, a set percentage of your estate is paid as a “death tax”. The good news is that “death tax” was abolished in Australia more than 40 years ago. There are, nonetheless, taxes and charges borne by the...
Estate Planning Myths Series: “If I die without a Will, everything goes to the government”
When we meet with clients, we often ask why they have decided to come to see us – often they are looking to clearly define an estate distribution for blended families to make sure that everyone is provided for – other times our client is simply looking to put in place...
A complying self-managed superannuation fund may be settled by an instrument having the effect of a deed – allowing for execution by digital signature
A complying self-managed superannuation fund (SMSF) is a trust at law, which is subject to the requirements and restrictions of the Superannuation Industry (Supervision) Act (SISA), Superannuation Industry (Supervision) Regulations (SISR), Income Tax Act Assessment...
Estate Planning Myths Series: Nominal gifts prevent Estate claims – or do they?
“If I leave someone $1 under my Will, then they can’t make a claim against my Estate”. This is a common misconception that is often encountered in the estate planning process for clients who wish to take all possible steps to ensure that a claim won’t be made against...
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
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