Newsletter – October 2015
Welcome to the October 2015 edition of the ABKJ newsletter. In this issue… Upcoming Deadline Under Pool Safety Laws Brisbane to Gold Coast Cycle Challenge ABKJ On Social Media Upcoming Deadline Under Pool Safety Laws Since pool safety standards were introduced in Queensland in 2009: Owners of properties with newly constructed pools; Owners of properties with shared pools; and Owners seeking to sell or lease a property with a pool, were all required to hold a pool safety certificate confirming their pool complies with the new pool safety standards. An exemption did apply however, in that owners selling their properties… Continue Reading
As the population and the needs of the general community change over time, governments require additional land for property development or the development of infrastructure. This may include construction or widening of roads, installation of sewerage and drainage works, and construction of rail projects amongst other needs. In many circumstances, governments will require a part (or the whole) of a property which is owned by private individuals/companies in order for the infrastructure to be developed for the community. Governments are entitled to acquire land owned by another pursuant to a process commonly known as a compulsory land acquisition. Compensation will… Continue Reading
Bodies Corporate and Committees make decision on countless different matters relating to the administration of their scheme, including: Providing or denying consents or approvals for matters prescribed in the by-laws, such as pet applications or renovation requests; Considering payment plans or requests for discounts or the waiver of penalties from lot owners in respect of body corporate levies; Enforcing breaches of by-laws; and Considering proposals contemplated by the Body Corporate and Community Management Act 1997 (Qld) (BCCMA), such as a request by a lot owner that the Body Corporate grant that owner a right to exclusively use a particular area… Continue Reading
Since pool safety standards were introduced in Queensland in 2009: owners of properties with newly constructed pools; owners of properties with shared pools; and owners seeking to sell or lease a property with a pool, were all required to hold a pool safety certificate confirming their pool complies with the new pool safety standards. An exemption did apply however, in that owners selling their properties could pass the burden of compliance onto the new owners, by issuing a Notice of No Pool Safety Certificate at the time of sale. As of 30 November 2015, application of the pool… Continue Reading
OVERVIEW OF WORKCOVER SCHEME The Workers’ Compensation and Rehabilitation Act 2003 (Qld) (“Workcover Act”) establishes a workers’ compensation scheme for Queensland, the purpose of which is to provide benefits to workers in respect of workplace injuries or fatalities and to encourage improved health and safety performance by employers. The main provisions of the scheme provide the following for injuries sustained by workers in their employment: (a) compensation; (b) regulation of access to damages; (c) employers’ liability for compensation; (d) employers’ obligation to be covered against liability for compensation and damages either under a WorkCover insurance policy or under a licence… Continue Reading
Director Penalty Notices
What is a Director Penalty Notice? If you are a director of a company, even if you do not have anything to do with the day to day running of the company, you should be aware that the Australian Taxation Office is able to pursue you as an individual for certain company debts including Pay As You Go withholding tax and Superannuation Guarantee Charge. Before the Australian Taxation Office can commence proceedings against you personally, they must issue a Director Penalty Notice and send it to you. The Director Penalty Notice causes a director to have personal liability for the… Continue Reading
About Statutory Demands
What is a Statutory Demand? A Statutory Demand is a demand for payment of a debt by a creditor on a company pursuant to Section 459E of the Corporations Act2001 (Cth). A Statutory Demand can be issued against a company for a debt which exceeds $2,000.00 when there is no genuine dispute as to liability for payment. What you must do if you receive a Statutory Demand The first thing you must do when you receive a Statutory Demand is to contact your solicitor immediately for specific legal advice. Statutory Demands have a 21 day compliance period which means that… Continue Reading
The recovery of unpaid body corporate levies is an issue close to the heart of most body corporate committees and managers. Experienced delinquent owners can in some cases drag out the process for many years and even avoid payment entirely. This article (the third in a series of three on this topic) will focus on the practical steps a body corporate needs to take when contemplating and enforcing legal proceedings against delinquent owners. This article is not intended to be a substitute for proper legal advice and, if you have any questions, we encourage you to contact us to discuss… Continue Reading
An Enduring Power of Attorney is a document which we all need to have in place to guard against the possibility we may suffer a serious accident or illness and find ourselves unable to manage our own affairs and deal with all the personal and financial issues which are a normal part of daily life. If a person becomes incapacitated and doesn’t have an Enduring Power of Attorney in place, those close to them end up in a state of confusion as to the manner in which they manage the simplest of tasks on behalf of the incapacitated person. This… Continue Reading
Newsletter – July 2015
Welcome to the July 2015 edition of the ABKJ newsletter. In this issue… The Hunt For Illegal Downloading In Australia Recovery of Unpaid Body Corporate Levies Tour De Push Up The Hunt For Illegal Downloading In Australia Recently the Federal Court of Australia made orders to the effect that Internet Service Providers (“ISPs”) must disclose to two American companies the names and residential addresses of the Australian account holders whose IP addresses had been identified as having shared the film, ‘Dallas Buyers Club’. An ‘IP address’ is a unique identifier assigned to a device (i.e. computer, iPad, etc) participating in… Continue Reading
