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
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...
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...
SMSF Blueprint – a welcome resource for superannuation trustee planning and strategy
"SMSF BLUEPRINT" LAUNCH - A WELCOME RESOURCE FOR SUPERANNUATION TRUSTEE PLANNING AND STRATEGY During the last year, it has been my pleasure to assist Julie Dolan, of SMSF Blueprint, with ideas and concepts desperately needed by our clients who utilise self-managed...
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?
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...
Estate Planning Myths Series: “I made my Will years ago – I don’t need to do a new one”
You drafted a Will years ago – it’s pretty basic, but it gives everything to your spouse, or, if your spouse doesn’t survive, then everything goes to your children. So, if the content of the Will applies, what is the point of doing a new Will that sets out the same...
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%...
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...
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...
PROPERTY LAW ARTICLES
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...
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...