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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

AirBnB and Body Corporate Schemes in Queensland

The rights of a body corporate to enact by-laws which restrict owners’ ability to use platforms like Airbnb have been once again the subject of recent litigation. The outcomes of these cases provide important lessons for those looking to use these online platforms. Can a Body Corporate stop a property owner from renting their unit through Airbnb? The position in Queensland is generally considered to be clear in that, for schemes regulated by the Body Corporate and Community Management Act, the Act provides that if a lot may lawfully be used for residential purposes, the by-laws cannot restrict the type… Continue Reading

Bankruptcy can be a difficult and stressful time in life and many questions in relation to family law arise during this time. The cross over between family law and bankruptcy is difficult and complicated and legal advice is important in these matters. What is the effect of bankruptcy in Family Law? Once a party to the marriage or de facto relationship has declared/been declared bankrupt, his/her property immediately becomes vested in the Trustee. Excluding some assets such as; household goods, superannuation, trade tools and vehicles up to a specified value. This does not include the family home, as it is… Continue Reading

Property settlements can be a difficult stage in finalising family law matters, especially when other financial resources may affect the property pool such as superannuation. The law treats superannuation as a different type of property and it is important that you know how the superannuation splitting law that governs this area may apply to you in your property settlement. Superannuation Splitting Law Superannuation splitting laws may apply to you if you; Are married or formerly married and have not finally settled your property matters under section 79 or 87 of the Family Law Act 1975; or Are a de facto… Continue Reading

Intellectual Property

Intellectual Property Law is a complex area of law and was formulated to protect owners of Intellectual Property and to ensure they had exclusive rights to the use of their property. What is Intellectual Property Intellectual Property (IP) is a broad term referring to creations of the mind or proprietary knowledge. It can come in many forms with some of the most common being; inventions, designs, methods, literary, artistic works and symbols, names and images used in commerce. The basis behind the development of Intellectual Property Law is that products of the human intellect should be provided with the same… 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

moving house

Sometimes, after a separation, one parent is desirous of relocating with the children. Be it another suburb, another State or another country, there may be detrimental consequences if the relocation is not executed pursuant to the law. Here are some things you need to consider if you are a parent wanting a sea-change when your ex-spouse is resistant to the move. 1. Meaningful relationships The children have a right to have a meaningful relationship with both parents and they also have the right to be protected from harm. In weighing up whether a relocation with the children is the best… Continue Reading

Estate and succession law is built on one central pillar: preparedness. We draft wills to ensure our loved ones receive our assets when we cannot distribute them ourselves, and we sign Enduring Powers of Attorney so that in the event we cannot make decisions, someone we trust can. The lesser-discussed Advance Health Directive (AHD) is yet another example of preparing for the unknown. What is an AHD? AHDs provide principals with an opportunity to provide or withhold consent with respect to certain medical treatments and health care practices. The documents sit dormant, with no effect, until such time that the… Continue Reading

Monopoly Game Go To Jail

There has been some commentary in relation to the imprisonment of Parties embroiled in the Family Law system. Recently, the Full Court of the Family Court of Australia overruled a decision where a Father had been ordered to serve a term of imprisonment for 12 months for failing, refusing or neglecting to provide full and frank disclosure in a property matter. The Full Court opined that the husband’s imprisonment constituted a gross miscarriage of justice. Suffice to say, the real issue is about Contempt of Court versus Contravention of an Order. Granted, the primary judge of this case was found… Continue Reading

Business man

The Australian Government introduced draft legislation in October 2018 to modernise the Australian business registers and to provide a legal framework for director identification numbers (DIN).  Who is affected? You are required to apply for a DIN: • Within 28 days of being appointed as an eligible officer; or • Within 15 months if you are already an existing eligible officer; or • Within 28 days if you are directed to do so by the Registrar. An eligible officer includes a director of a company, or of a body corporate that is a registered Australian body or registered foreign company… Continue Reading

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