Legal Articles

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“).

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.

COVID-19 And Residential Tenancies

On 22 April 2020, the Queensland parliament passed the Covid-19 Emergency Response Bill 2020. The Bill gives the ability to the various Ministers to recommend that regulations be made in response to the COVID-19 pandemic. On 24 April 2020, the Residential Tenancies and Rooming Accommodation (Covid-19 Emergency Response) Regulation 2020 came into effect.

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. The moratorium It effectively means that a landlord will not be legally able to terminate a lease and evict a tenant due to unpaid rent, for a period of 6 months. As to when that 6-month… Continue Reading

Home Finance

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. Initially, 10,000 Scheme places were released on 1 January 2020, and a further 10,000 will be available from 1 July 2020. The ability to secure a scheme place will be subject to eligibility criteria and availability. How do… Continue Reading

The Queensland Government has recently passed laws which will effectively end the legal effect and status of Certificates of Title (title deeds) issued with respect to land in Queensland. Queensland has operated an electronic titling system for many years now, however, a paper title deed could still be sought for various purposes if the proprietor requested that one be issued. The primary purpose associated with obtaining a paper Certificate of Title was to prevent further dealings with the land from being lodged (such as a transfer of title, and registration of leases, mortgages and certain charges) without the paper Certificate… Continue Reading

New GST on residential property

Effective from 1 July 2018, the Federal Government has amended the GST law with respect to the sale of residential property. If you are selling: 1. New residential premises; or 2. Potential residential land, then at the settlement of your sale, a cheque in the sum of the GST payable on the transaction will need to be given from the sale proceeds and paid by the seller immediately to the Australian Taxation Office. In other words, either 10% of the GST-exclusive purchase price or, if the margin scheme applies to the transaction, then 7% of the purchase price will be… Continue Reading

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