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
In February 2024, the Federal Government introduced changes to the Fair Work Act which aimed to strengthen the work-life balance of Australians by providing employees with ‘The Right to Disconnect.’ In the following article, we will define the right to disconnect and outline what the right to disconnect provides employees as well as its limits. Further, we will highlight the expected changes to employment contracts because of the introduction of this right and the date these changes commence for various employers. Lastly, we will outline how disputes between employers and employees regarding this new right are expected to be resolved…. Continue Reading
On 6 May 2024, certain sections of the Family Law Act 1975 (“the Family Law Act”) that govern parenting matters will change. These changes will affect parenting cases that are currently before the Federal Circuit and Family Court of Australia (“Court”) that are not finalised before that date. The amendments will also apply to all new applications before the Court regarding parenting matters that are issued after 6 May 2024. The Family Law Amendment Act 2023 (“the Amendment Act”) substantially reforms aspects of the Family Law Act that relate to how parenting matters are determined. The major reforms include: The… Continue Reading
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
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
The Queensland Government introduced the Body Corporate and Community Management and Other Legislation Amendment Bill 2023 (“Bill”) to the Queensland Parliament on 24 August 2023. This legislation aims to reform Queensland’s body corporate regulations, primarily governed by the Body Corporate and Community Management Act 1997 (“Act”). The Bill is not yet law, but its adoption is not far away. The Parliament Legal Affairs and Safety Committee recently released their report regarding the Bill and recommended the Bill be adopted. Termination of Schemes A significant change proposed by the Bill is the introduction of the termination threshold of 75% in cases… Continue Reading
Can I Record My Ex?
Recording Conversations & Family Law Proceedings Understandably, circumstances may arise where you want to record a conversation with another person. You may wish to retain an accurate record of what was said or have something tangible to rely upon in the future that supports the existence of an issue or concern. The desire to rely upon a recorded conversation may seem particularly critical if you are involved in family law proceedings. However, while it may be tempting to record conversations with another person (typically an ex-partner or relevant third party) to use as evidence in family law proceedings, it is… Continue Reading
ABKJ Lawyers has extensive experience with body corporate matters. Whether your community title scheme is subject to the BUGT Act or the BCCM Act, we can help you resolve any body corporate issues
When acting in estate matters, lawyers occasionally encounter situations where wills have been inadvertently tampered with by will-makers during the period of storage since the will was signed.
The Queensland Government is poised to introduce a significant change in the approach to property transactions with the introduction of a seller disclosure regime for land sales.
