In the recent case of Testa v Fields, the court, while making a decision about the best interests of a child, addressed concerns of family violence by the father to the mother. The court accepted that by denying the mother access to their bank accounts, he was financially abusing the mother. The court labelled this as controlling conduct. The father also cut the gas and electrical connections to the granny flat where the mother was living.Continue reading Financial Abuse
“I have not seen my child in 20 years, why should I give him anything in my will?”
Most people would think that they should be entitled to leave their estate to whomever they wish when they die, or indeed make whatever charitable requests they choose. Whilst as a general principle that proposition is true, there are some significant exceptions that need to be acknowledged in making a will.Continue reading Can You Leave Your Estate To Whomever You Wish?
A recent story aired by A Current Affair has highlighted the unexpected consequences which can arise in relation to the superannuation benefits of a loved one after they pass away.
Three myths often abound when it comes to superannuation and deceased estates.Continue reading Beneficiary Nominations and Superannuation – It’s a Trap!
A recent case between a husband (Mr Scarffe) and a wife (Ms Obannon) who had recently separated, shows how family law proceedings can play out across two different countries.Continue reading International Property and Family Law Proceedings in Australia
The Queensland Government recently passed the Justice Legislation (COVID-19 Emergency Response – Document and Oaths) Regulation 2020. The purpose of the legislation is to address the issue of physically witnessing and signing documents amidst the social distancing restrictions that are currently in place as a result of the COVID-19 pandemic.Continue reading Remote witnessing of wills and other documents
The Queensland Government has now enacted the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 (referred to in this update as the “Regulations“), which was expected to legislate for the State of Queensland the National Cabinet’s ‘Mandatory Code of Conduct – SME Commercial Leasing Principles During COVID-19’ (referred to in this update as the “National Cabinet Code“).Continue reading Commercial Leasing Code – Covid19
With media reporting that the alleged cost of the rectification of the infamous Sydney Mascot Towers could exceed $50 million, it is timely to look at the current law relating to building defects in a body corporate context.
Defects in the common property (i.e. in essence, anything other than the inside of individual apartments – for more information, see our recent article regarding how to read your scheme’s survey plan) should be of concern to owners in community titles schemes, particularly in relation to new buildings. Broadly speaking, the body corporate is responsible for maintaining the common property.Continue reading Rectification of building defects
On 21 May 2020, the Queensland Parliament passed the Justice and Other Legislation (COVID-19 Emergency Response) Amendment Bill 2020.
It makes a number of legislative amendments in various areas, but in a body corporate context, it makes amendments to the Body Corporate and Community Management Act 1997 arising from the COVID-19 situation.Continue reading Justice and Other Legislation (COVID-19 Emergency Response) Amendment Bill 2020
I recently became aware of a body corporate that was pursuing bylaw contravention action against an owner. It was alleged that the owner had made unauthorised modifications to common property, and further that the owner had placed decorative items, such as pots and other items, on that common property.
The area in question was a ground floor courtyard. The body corporate had assumed that, because the area was outside, it wasn’t part of the lot.Continue reading Do you know how to read the survey plan for your scheme?
Whilst perhaps not the most exciting topic to most people, body corporate committees need to actively review their bylaws from time to time. The bylaws are one of a community title scheme’s most important elements.Continue reading When Did You Last Review Your Scheme’s Bylaws?