ABKJ Lawyers

Elephants on the Ceiling

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. Continue reading Elephants on the Ceiling

Should I Register my Commercial Lease?

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. Continue reading Should I Register my Commercial Lease?

Setting The Record Straight: Family Law Myths – Part 2

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. Continue reading Setting The Record Straight: Family Law Myths – Part 2

Setting The Record Straight: Family Law Myths

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”. Continue reading Setting The Record Straight: Family Law Myths

“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 property owners and people using the adjacent water ways.

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”. Continue reading “Get Off My Water!”

Tests For Reasonableness Of Body Corporate Decisions

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. Continue reading Tests For Reasonableness Of Body Corporate Decisions

You’re separating. You win the lottery. What happens next?

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. Continue reading You’re separating. You win the lottery. What happens next?

Successful Court Litigation Is An Art

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. Continue reading Successful Court Litigation Is An Art

In this issue…

In this issue…