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Tony, Michael and David Partners at ABKJ
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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ABKJ Lawyers

Justice and Other Legislation (COVID-19 Emergency Response) Amendment Bill 2020

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.

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ABKJ Lawyers

Do you know how to read the survey plan for your scheme?

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.

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ABKJ Lawyers
ABKJ Lawyers
ABKJ Lawyers

Commercial Leasing – “Code” announced for Rent Payments

A week and a half ago, in response to the coronavirus crisis which is gripping our economy and society more generally, the Prime Minister announced that the National Cabinet had agreed to a “moratorium on rental evictions”. The Queensland Government has not yet enacted the legislation to make that announcement legally effective at this stage, but we understand that legislation will be introduced shortly.

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ABKJ Lawyers

So you think you and your ex are amicable? Read this before you sign on the dotted line.

You and your ex are on good terms and you have agreed as to who will keep the boat and who will keep the house.  There are two ways to sever your financial relationship with your former partner when your marriage or de facto partnership comes to an end and that is by way of a Binding Financial Agreement or Orders of the Court.  Orders of the Court can be obtained one of two ways – either after a contested trial or by consent. 

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ABKJ Lawyers

First Home Loan Deposit Scheme

The First Home Loan Deposit Scheme (FHLDS) is designed to help low to middle-income earners enter the property market. Previously, most banks required a minimum deposit of 20% of the property’s value. However, with the Government’s new deposit scheme, first time home buyers are allowed to pay a deposit of as little as 5%. This will help them buy a home sooner.

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