ARTICLES
DISPUTE RESOLUTIONS (BODY CORPORATE LAW) ARTICLES
Nautilus’ Top 10 Reasons for Non Payment of Body Corporate Levies
As Body Corporate Lawyers, we've heard every excuse imaginable. Our top 10 favourites are: “I didn’t pay my levies because no one respects me.” (Sorry – respect has nothing to do with your legal obligations.) “When I bought the unit 20 years ago the levies were...
COVID-19 Emergency Response Measures for Body Corporate Financial Management in Queensland
On 25 May 2020, the Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020 (Qld) (the JOLAA) was assented to by the Queensland Parliament. The JOLAA amends a wide range of legislation in response to the COVID-19 pandemic, this article will...
A Call for Transparency in Body Corporate Levy Recovery
A Call for Transparency in Body Corporate Levy Recovery As Body Corporate Lawyers, we have the privilege of working with bodies corporate across Queensland – from small schemes, to large commercial schemes. We must, in good conscience, put it out to our fellow...
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...
Debt Recovery Costs – Liquidated or Something Else in Queensland Levy Recoveries?
We are pleased to report our appeal in the matter of The Body Corporate for 399 Woolcock Street CTS 34770 v Sexton & Ors [2013] QCATA 055 (399 Woolcock) was successful. Unfortunately, the decision has sparked a new line of dispute in the industry as to whether...
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...
BUSINESS & WEALTH STRUCTURING (COMMERCIAL LAW) ARTICLES
Cudoos to Jacinda Arden – you are one amazing leader!
It's official...Jacinda Arden is Nautilus' pick for leader of the year. This amazing human being is a mum of a young bub, prime minister of New Zealand, she led a nation through a tragic terrorist attack, she protected her masses through the Covid-19 pandemic, she...
Telemarketers and False Advertising: What to do about it if you have entered into a Contract?
Telemarketers got the best of you? We have all received those uninvited telephone calls from someone desperately trying to sell us goods and/or services – often during dinner with the family or at the most inconvenient time possible. At Nautilus Law Group, we have...
Ouch – big tax mistake – home office and CGT
CGT and the small business home office - big tax mistakes The amount of Capital Gains Tax (CGT) you will be required to pay when you sell your home is calculated by multiplying the gross capital gains on the sale of your home by the percentage of business use over the...
Unintentionally Bound: the Case of Informal Agreements in Commercial Tenancy Ventures
It comes as a surprise to clients when, on occasion, they find themselves either subject to, or trying to enforce, “informal agreements”. Informal agreements may come in the form of an exchange of discussions in respect to an arrangement, or a signed Lease Offer. It...
Related Party LRBAs and PCG 2016/5: A review and recommendations for Trustees for Smooth Sailing
The release of PCG 2016/5 comes as no surprise, which follows on the back of the Australian Taxation Office (ATO) publications ATO ID 2015/27 and ATO ID 2015/28, which set the tone for related party Limited Recourse Borrowing Arrangements (LRBAs). The ATO’s 2015...
Can an employee acquire a residential property as an investment in the employee’s Self Managed Superannuation Fund (SMSF), if the employer is a property developer?
Answer: Maybe, maybe not. This question asks whether an employee is a related party of their employer (or the employer a related party of the employee’s SMSF) for purposes of Section 71 Superannuation Industry (Supervision) Act 1993 (SISA), in respect to the In-House...
ESTATE PLANNING AND ADMINISTRATION (SUCCESSION PLANNING) ARTICLES
Queensland Capacity Assessment Guidelines 2020 Updated
Capacity is a cornerstone of decision-making. When questions of capacity arise, reference can be made to the Queensland capacity assessment guidelines discussed in this article.
Estate Planning Myths Series: Anyone can challenge a Will – it’s not worth the paper it’s written on
A Will is one of the most important legal documents you will make and must be tailored in accordance with your individual needs. It sets out your wishes for the distribution of your estate and provides directions as to who is appointed as your executor and how they...
Is an Executor paid for dealing with an Estate?
Is the Executor paid for acting in a deceased estate? The duties and responsibilities of acting as the Executor of a deceased Estate can be onerous and time consuming; therefore, if appointing a person to act on your behalf, you should consider whether any provision...
Inheritance received FOUR YEARS after separation available for splitting with former spouse!
Talk about unfair...or was it? In the matter of Calvin & McTier [2017] FamCAFC 125 (12 July 2017), the Full Court heard an appeal by a husband who argued that an inheritance received FOUR years after separation should not be included in the property to be...
Ouch – big tax mistake – home office and CGT
CGT and the small business home office - big tax mistakes The amount of Capital Gains Tax (CGT) you will be required to pay when you sell your home is calculated by multiplying the gross capital gains on the sale of your home by the percentage of business use over the...
What are my Executor’s obligations after my death?
Your Executor is responsible for the administration of your Estate and must consider payment of the necessary debts in doing so.
PROPERTY LAW ARTICLES
I want to lease my Queensland retail shop – what next?
You are a property owner with retail shop and you want to lease the shop. If you are in Queensland, you must comply with the Retail Shop Leases Act 1994 (QLD). To keep you on track, we provide links to the Queensland approved forms for use when you want to lease your...
Cooling Off Rights in Property Contracts – A Blessing or a Curse?
Understanding cooling off is critical! A recent matter has prompted us to write an article warning of the dangers of entering into a contract for the purchase of a property without being absolutely sure that you are ready to do so. We recently received a call from a...
Commercial Tenancies and Covid-19 Code of Conduct
On 7 April 2020, the Federal Government released the National Cabinet Mandatory Code of Conduct (the Code), which is applicable to certain commercial tenancies of small and medium enterprises which have been impacted by the COVID-19 pandemic (SME Tenancies). The Code...
Unintentionally Bound: the Case of Informal Agreements in Commercial Tenancy Ventures
It comes as a surprise to clients when, on occasion, they find themselves either subject to, or trying to enforce, “informal agreements”. Informal agreements may come in the form of an exchange of discussions in respect to an arrangement, or a signed Lease Offer. It...
Related Party LRBAs and PCG 2016/5: A review and recommendations for Trustees for Smooth Sailing
The release of PCG 2016/5 comes as no surprise, which follows on the back of the Australian Taxation Office (ATO) publications ATO ID 2015/27 and ATO ID 2015/28, which set the tone for related party Limited Recourse Borrowing Arrangements (LRBAs). The ATO’s 2015...
Joint Tenants or Tenants in Common – What’s the Difference?
If you hold real property with another person, it is important to know whether you hold the property as joint tenants or as tenants in common. What’s the difference? A joint tenancy is where two (or more) people (or legal entities) own an asset jointly – that is 100%...