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Tony, Michael and David Partners at ABKJ
ABKJ Lawyers

3. Body Corporate Standard Module Regulation Changes – Others

On 1 March 2021, the new Body Corporate and Community Management (Standard Module) Regulation comes into force. The new regulation clarifies and adds provisions to the existing regulation to provide for more flexible and contemporary arrangements within body corporates.

The changes are split into three categories – Committees, General Meetings, and Other. In this article, being the third of a three part series, the others changes to the module are explained.  

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ABKJ Lawyers

2. Body Corporate Standard Module Regulation Changes – General Meetings

On 1 March 2021, the new Body Corporate and Community Management (Standard Module) Regulation comes into force. The new regulation clarifies and adds provisions to the existing regulation to provide for more flexible and contemporary arrangements within body corporates.

The changes are split into three categories – Committees, General Meetings, and Other. In this article, being the second of a three part series, the changes being made to general meetings are explained.

Continue reading 2. Body Corporate Standard Module Regulation Changes – General Meetings
ABKJ Lawyers

1. Body Corporate Standard Module Regulation Changes – Committees

On 1 March 2021, the new Body Corporate and Community Management (Standard Module) Regulation comes into force. The new regulation clarifies and adds provisions to the existing regulation to provide for more flexible and contemporary arrangements within body corporates.

The changes are split into three categories – Committees, General Meetings, and Other. In this article, the changes being made to committees are explained.

Continue reading 1. Body Corporate Standard Module Regulation Changes – Committees
ABKJ Lawyers

Financial Abuse

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.

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ABKJ Lawyers

Can You Leave Your Estate To Whomever You Wish?

“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. 

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ABKJ Lawyers
ABKJ Lawyers
ABKJ Lawyers

Remote witnessing of wills and other documents

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.

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ABKJ Lawyers

Commercial Leasing Code – Covid19

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“).

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ABKJ Lawyers

Rectification of building defects

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.

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