ARTICLES
DISPUTE RESOLUTIONS (BODY CORPORATE LAW) ARTICLES
How do I obtain a Default Judgment against a Debtor?
Prior to obtaining Default Judgment, a Claim and Statement of Claim must be filed with the Court on behalf of the Creditor outlining the relationship between the Creditor and the Debtor, the history of the supply of goods or services forming the basis of the Debt...
What is a Solicitor’s Demand Letter?
Nautilus Law Group recommends issuing a Solicitor's Demand Letter as the initial step in the debt recovery process. A Demand Letter, referred to in the industry as the “Final Notice” is not a Court document; however, the Letter gives the Debtor one last chance to...
Body Corporate News – Febuary 2013 Update – Insurance and Levy Arrears
Insurances: We have posted articles about the state of Queensland floods, and the concerns raised by clients with regards to the price of insurance - but most hard hit being Northern and Central Queensland coast communities. Coming into February, and following...
Are you liable to pay your neighbour’s levies?
UPDATE: CLICK HERE TO SEE OUR ARTICLE ON THE OUTCOME. Our appeal in the matter of The Body Corporate for 399 Woolcock Street CTS 34700 v Sexton, et al, is ongoing and remains a critical issue in levy recovery strategies across Queensland. The...
BUSINESS & WEALTH STRUCTURING (COMMERCIAL 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, I can’t have a “Final Sale – No Refunds Policy”?
What? I can't have a Final Sale - No Refunds Policy? We understand business - we understand that when you make a sale, you want that sale to go to revenue. Unfortunately, the Australian Consumer Law (ACL) does not allow you unilaterally decide the sale is a done...
Unconscionable conduct – and considerations for business
Marketing and customer service present legal trappings many businesses have no idea exist. In this economic client, many businesses are on the verge of desperation to "land sales." Whilst management may not intend "unconscionable conduct" to occur within their sales...
Is it worth pursuing a debt under $500?
Every business has one (or more) debtor(s) which drops off the radar and does not settle their bill. Clients ask us, is it worth pursuing a debt under $500? Our answer varies depending on the nature of the debt. For instance, if your business has a credit agreement...
National Privacy Principles: Is your Business informed?
National Privacy Principles: Is your company or business collecting personal information about your existing or potential clients? Personal information is defined in section 6 of the Privacy Act 1988 (Cth) as: “Information or an opinion (including information or an...
ESTATE PLANNING AND ADMINISTRATION (SUCCESSION PLANNING) ARTICLES
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...
Planning for a person with a disability
Planning for a person with a disability takes careful thought and preparation. Luckily Nautilus Law can help you! If you would like to enquire about planning for a person with a disability, we welcome you to contact Katrina Brown BA JD ATIA TEP SSA, Practice Director...
Understanding the Benefits of Special Disability Trusts
Special Disability Trusts can be an extremely useful tool to both plan and provide for the future needs of your son or daughter with a severe disability. This Trust was introduced by the Federal Government in 2006 and is part of Australia’s social security framework....
Life Interests – Protecting Wealth for your Children from Predators of your Partner
Protecting Wealth for your Children from Predators of your Partner. A successful estate plan is a coming together of a number of strategies and tools aimed to achieve your goals for the distribution of your estate, while addressing any prevalent issues, such as...
Who is an ‘elder’ for the purposes of Elder Law?
Whilst Australia has a widely recognised ageing population, the term ‘elder’ for the purposes of Elder Law is not defined at common law or in statute. In fact, the term ‘elder’ has no real legal meaning at all. Socially, the definition can also be difficult given the...
Elder Law Explained
Age is a natural and unstoppable process that obviously presents a wide variety of enhanced health-care needs. However, many fail to realise that age also brings a multitude of specific legal needs. This specifically surrounds issues of capacity, aged care and end of...
PROPERTY LAW ARTICLES
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