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...

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...

ESTATE PLANNING AND ADMINISTRATION (SUCCESSION PLANNING) ARTICLES

Does my spouse act as my attorney if I have a stroke?

An Enduring Power of Attorney appoints an person or persons to act on your behalf in relation to the administration of your affairs at a time of your choosing, including following your incapacity. What happens if you don’t have one?

PROPERTY LAW ARTICLES

Aggregated transfers in Queensland

Transfer duty in Queensland is imposed by the Office of State Revenue on all dutiable transactions, pursuant to the Duties Act 2001. When transactions are related, the transfer duty payable on the transactions must be aggregated; meaning that, rather than assessing...

What’s in a name?

When entering into a Contract in Queensland, it is critical the Buyer’s and Seller’s names are complete, and correctly spelt.  Any omissions or errors can cause significant headaches and incur significant cost further on in the conveyancing process. The Seller is the...

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...