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DISPUTE RESOLUTIONS (BODY CORPORATE LAW) ARTICLES
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BUSINESS & WEALTH STRUCTURING (COMMERCIAL LAW) ARTICLES
Avoid spam penalties – Compliance with The Spam Act 2003 (Cth)
Did you know that electronic marketing (for example, SMS and/or email campaigns) can result in spam penalties of $220,000 per day? Developments in technology have increased the ways in which businesses can communicate with existing or potential customers. The risk...
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...
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 a Shareholders Agreement?
A Shareholders Agreement is essentially the "Nuptial Agreement" for business partners in a company. Similar agreements exist in each type of business entity type (such as Unit Trusts, Partnerships, Joint Ventures, etc.). The design and topics of the Shareholders...
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...
We have judgment! Now what?
Obtaining Judgment against a Defendant is a step in the process of recovering monies from a debtor - but not the end in many cases. A Judgment is valid for 12 years from the date on which the Judgment is granted. Judgment will adversely affect a debtor’s credit...
ESTATE PLANNING AND ADMINISTRATION (SUCCESSION PLANNING) ARTICLES
The basics on applying for a grant of probate in Queensland
Simply put, Probate is the proving of a Will and in the process of "proving" the Will an "executor" or "executors" are appointed to act as representatives for the Estate of the deceased person. In Queensland, probate is issued by the Supreme Court. When do you apply...
Leaving an inheritance: I don’t want to give my child anything.
Leaving an inheritance: I don't want to give my child anything.... is that okay? The answer, generally, is no. However, there are many strategies which can be implemented today which can significantly limit the opportunity for your child to receive anything from...
Superannuation – the forgotten asset of the youth
Have you thought much of your superannuation? If you are young, and you have never seen an Estate Planning Lawyer - count yourself a member of a very large majority. The most common comments we hear are: “I’m only young, I will worry about it later.” ‘I’m not sick or...
It’s never too late to make amends
Nautilus Law Group stands beside families through life’s most difficult processes and challenges. The one consistent heartbreak most duly noted by our team is the anguish suffered as a result of ongoing family disputes. Please, make amends. Life is finite. When you...
The Basics of Family Provision Estate Challenges
Estate challenges are becoming more common than ever, with all members of the family seeking a share of a deceased family member’s estate. Wives, children, stepchildren, siblings, de facto partners, ex-wives are fighting viciously for what they feel they deserve....
Ruling From the Grave Requires an Undertaker
There is nothing wrong with ruling from the grave! But, without an undertaker - your plans may be buried with you! Are you scratching your head, wondering what in the heck I am trying to say? Probably - so let me tell you what I am talking about. Our clients have...
PROPERTY LAW ARTICLES
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