Legal Articles
Door matt which says 'Go Away'

You may have come across a recent report involving a squatter who purposely overstayed her Airbnb stay in New South Wales (as featured on A Current Affair). The legal owner issued a notice to the squatter to vacate the property which resulted in the squatter hiring a security guard to keep the owner from accessing the home. Legally, if a situation like this was to arise in QLD the squatter or tenant would be considered to be on a non-fixed periodic agreement under the Residential Tenancies and Rooming Accommodation Act. The police will consider your Airbnb agreement as a private… Continue Reading

Man in wheelchair

  As the population ages and housing trends shift towards higher density living in community titles schemes, we are seeing issues arise regarding accessibility to and around schemes. Many older buildings will not comply (and are not required to comply) with current disability access standards for new buildings.

Other Changes

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.

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.

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.

Person entering pin code on ATM machine

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.

Last Will & Testament

“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.

  A recent case[1] 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. The Scarffe & Obannon case The couple had been living together in Australia since 1997. They married in 2014 and in the same year relocated to Singapore with their three children. The couple then separated in 2016, and the husband moved back to Australia in 2018 while the rest of the family stayed in Singapore. In 2019, the wife started legal proceedings in Singapore against her husband, where she filed… Continue Reading

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