Viridian High Court Decision
On 12 October 2016, the High Court of Australia handed down its decision in the matter of the decision of Ainsworth & Ors v Albrecht & Ors (also known as the Viridian case). This is a case with very significant implications in relation to how bodies corporate make decisions. We have previously published articles on the lower court decisions of this case. The case concerns the body corporate’s decision to reject a proposal by the lot owner to expand an elevated deck area, and receive an exclusive use right to the corresponding ground area under the deck expansion. The case… Continue Reading
Elephants on the Ceiling?
Noise issues in high density living The issue of footsteps on the ceiling (and noise generally) in strata titled buildings is a vexing issue for many committees and owners. Given the increased propensity towards high density living in our cities, this is an issue that isn’t going away. Even the sturdiest and newest buildings will probably permit some sound transference between lots in certain circumstances; that is a feature of strata living that prospective residents ignore at their peril. However, the issue can generally be managed through the use of appropriate materials and construction techniques. Hard floors Hard floors are… Continue Reading
A question which is often asked when parties enter into a commercial lease is whether the lease should be registered on title to the property. This article summarises the advantages and disadvantages associated with registration of leases. Do I need to register my commercial lease? In Queensland, registering your commercial lease is not mandatory, meaning that failing to register your lease does not invalidate it. However, there are certain circumstances where registering your lease is recommended. By registering your lease, it creates an ‘indefeasible title,’ meaning that once your interest is registered it cannot be defeated in the event of… Continue Reading
There are many more misconceptions about Family Law and, in particular, property settlements and child arrangements. In part 2 of our Setting The Record Straight article we have debunked more myths and reveal the truth. In case you missed it, read Part 1 here. 1. You need to be divorced to commence property settlements This misconception arises from the fact that people are unaware of the process of property settlements in family law. Property settlements may take place as soon as separation occurs. Divorce is not a requirement to commence and finalise property settlement. However, should you get divorced and… Continue Reading
There are many misconceptions about Family Law and, in particular, property settlements and child arrangements. The majority of the tales are sourced from online blogs or people who usually start the conversation with “take it from me, I know”. In this 2 part series, we have debunked some family law myths and reveal the truth. 1. The party at fault for separation should be punished In Australia, legislation establishes a ‘no-fault’ jurisdiction. This means that if a party is responsible for the breakdown of a marriage (e.g. due to infidelity), they will not be punished. When making orders for finance… Continue Reading
“Get Off My Water!”
With over 400 kilometres of constructed canal frontage on the Gold Coast and an ever increasing number of recreational water users, the potential exists for conflict between waterfront property owners and people using the adjacent waterways. Any waterfront property owners or regular water users reading this could probably relate a relevant story. The writer has personally observed an upset waterfront property owner throwing rocks at a kayak fisherman, fishing in the adjacent canal, encouraging him in an enthusiastic fashion to “get off his water”. So who owns the water? Like most things, this is a subjective question. However, the starting… Continue Reading
Newsletter – March 2016
Welcome to the March 2016 ABKJ newsletter. In this issue… Do you disagree with your property valuation? Reasonableness Of Body Corporate Decisions “The Long Road” Charity Event – 20 March 2016 ABKJ On Social Media Do you disagree with your property valuation? On 2 March 2016 the Valuer-General commenced issuing statutory land valuation notices for all land in Queensland. The effective date of the valuations will be 30 June 2016 and they will be the basis for determining your rates and any land tax. If you do not agree with the valuation, it is vital that you lodge an objection… Continue Reading
Last year, we published an article about tips for making reasonable Body Corporate decisions. The leading case in the area was the Queensland Civil and Administrative Tribunal (QCAT) decision of Re Body Corporate for Viridian; Kjerulf Ainsworth & Ors v Martin Albrecht & Anor [2014] QCATA 294. However, the lot owner in that matter appealed the QCAT decision to the Supreme Court (Albrecht v Ainsworth & Ors [2015] QCA 220 (Viridian)) and the Supreme Court recently handed down its appeal decision. The appeal reversed the earlier QCAT decision and clarified the law in this area. Bodies Corporate and Committees make… Continue Reading
Picture this: A husband and wife separate. Six months after separating from her husband, the wife wins $6 million in the lottery. The husband claims he should receive part of the lottery win as the funds used to purchase the ticket had been withdrawn from the parties’ joint bank account, and as such, should be included in the property pool. Sounds like a great plot for a TV show? Unfortunately, the above scenario is not fiction, and are facts taken from the Family Court of Australia case of Eufrosin & Eufrosin. Assets Acquired After Separation In Family Law property settlement… Continue Reading
The conduct of court litigation to achieve effective outcomes for a client is an art born out of experience and a proper understanding of the limitations of the court process. Any seasoned litigator will be able to relate tales of “winning the unwinnable” case and losing what was believed to be the “unloseable case” because of the unpredictable manner in which such disputes can unfold. Some of the factors contributing to the inherent uncertainty in litigation can be: The ability of a client to perform well in the witness box and convey their evidence to the court in a clear and… Continue Reading
