Legal Articles
unfair terms in contracts

In November 2023 the Queensland Government made changes to the law which affects contracts and unfair contract terms. These changes broadly aim to prevent unfair terms in contracts by limiting the types of contracts in which these terms can be present, such as making unfair terms illegal when the terms of a contract are non-negotiable. The aim of reforming the law around unfair terms is protecting consumers from these unfair terms where contracts are given out on a standard basis, rather than being specially negotiated between parties. However, contracts can still be considered standard form despite the parties being able… Continue Reading

Investor sitting at a desk with documents on the table as he calculates capital gains taxes

The Australian Government recently announced upcoming changes to the Foreign Resident Capital Gains Withholding (FRCGW) tax regime, the consequences of which will affect all sellers of real property, both in Queensland and throughout Australia generally. What is the FRCGW tax regime? The purpose of the FRCGW tax regime is to ensure that foreign residents disposing of real property in Australia meet their tax liabilities in relation to the sale of their property. How does the current FRCGW tax regime work? Under the current regime, a buyer of a property with a purchase price of $750,000 or more has an obligation… Continue Reading

Propety law reform imaged as a fun graphic

In a significant legislative move, the Property Law Act 2023 (The Act) has been approved by Queensland’s Parliament, marking a fundamental change in the state’s property laws. Replacing the 50-year-old Property Law Act 1974 (Qld), the Act will introduce substantial modifications aimed at simplifying, streamlining, and modernizing the existing legal framework. Although the Act passed through Parliament on 25 October 2023 and received royal assent on 2 November 2023, its commencement awaits an official proclamation. The anticipated delay in commencement is a strategic decision, allowing for extensive consultation, the formulation of new regulations, educational initiatives, and preparatory work by stakeholders… Continue Reading

Home builder on frame

Recently, ABKJ Lawyers were able to help yet another client achieve a positive outcome in what could be considered a landmark case in the area of construction law. The Court’s decision in that matter set a precedent to assist in determining various principles that must be adhered to in order for construction payment claims to be considered valid.

airbnb lounge

If you are looking to start renting out your property on Airbnb (or other similar platform) there are a few things to consider – namely whether or not you are actually entitled to set up a short term rental. As we have discussed in previous posts, the Council regulates short term rentals quite strictly and it is often not as simple of a process to organise as you might think. Have a look here to read an overview of the by-laws and regulations that surround short term rentals on the Gold Coast. WHAT IS THE COUNCIL APPROVALS PROCESS? In the… Continue Reading

The Gold Coast property market is booming at the moment and with the demand for new dwellings at an all-time high, more and more property developments are set for construction on the Coast in the near future. With over 10 years behind me as a property lawyer on the Gold Coast, I have extensive experience in dealing with land subdivisions, construction of high-rise apartments, and all of the various issues arising with respect to such developments. My passion lies in property development law and as a result I have acted for many developer clients over the years and advise them… Continue Reading

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.

hand holding pen as they sign a contract of sale

When preparing legal documents or entering into a contact it is crucial that the parties’ names are complete, spelt correctly and match their legal identification such as a passport, drivers licence or birth certificate. In this article we explain the importance of using your name correctly for the purpose of property transactions.

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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