Legal Articles
divorce

Our Family Lawyers are approached by clients on a regular basis whose spouse or partner has said to them; “I have spoken to a lawyer and they said that you will get nothing” This is rarely correct. Even if all the property is owned by your partner, you may be entitled to something. The amount of your entitlement in a separation will depend on the contributions (financial and non-financial) you have both made during the marriage / relationship, and other factors such as your income and earning capacity, your age and health, and the length of the marriage / relationship…. Continue Reading

divorce

Welcome to the April 2015 edition of the ABKJ newsletter. In this issue… When Spouses Say “You’ll Get Nothing” Recovery of Unpaid Body Corporate Levies Supporters of “The Long Road” Charity Event When Spouses Say “You’ll Get Nothing” We are approached by clients on a regular basis who are undergoing relationship breakdowns and whose spouse or partner has said to them “I have spoken to a lawyer and they said that you will get nothing” This is rarely correct. Even if all the property is owned by your partner, you may be entitled to something. The amount of your entitlement… Continue Reading

contract

On 1 December 2014, the Property Occupations Act 2014 (Qld) and the Land Sales and Other Legislation Amendment Act 2014 (Qld) commenced which enacted various changes to pre-existing and off-the-plan residential property purchases. The principal changes are: 1. Real Estate Agent Commissions Perhaps the most interesting change to the industry is the deregulation of agent commissions. Under the previous legislation, the maximum commission a real estate agent could charge with respect to a purchase or sale of residential property was calculated as a percentage of the sale price stated in the Contract (5% of the first $18,000.00 and 2.5% of… Continue Reading

commercial lease

TIP 5. Know the penalties you’re entitled to charge and make sure they are properly authorised The late payment of levies by delinquent owners is a disruption to the smooth operation of a community titles scheme because it causes the body corporate not to have its budgeted cash flow, which if not properly managed could disrupt the supply of services by the body corporate. In addition, the body corporate committee has to spend time and effort in pursuing the unpaid levies and managing the consequences arising from the unpaid levies. To encourage lot owners to pay their levies on time,… Continue Reading

Money

PART ONE: Issuing the statements 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 first in a series of three on this topic) will focus on the practical steps a body corporate needs to take when issuing its levy statements to maximise the chances that its levies can be recovered quickly and efficiently. This article is not intended to be a substitute for proper legal advice… Continue Reading

Checklist

Locate the deceased’s Last Will & Testament Confirm you have been appointed the executor of the estate and check whether the Will contains any wishes of the deceased concerning their funeral arrangements or burial. Liaise with a funeral director regarding funeral arrangements ensuring you have confirmed the following: The estate has sufficient funds to pay for the funeral. If the funds have been frozen or there are insufficient funds, please refer to the Frequently Asked Questions; The manner in which the funeral home will require payment and how/when payment is required to be made; and Whether the deceased has funeral… Continue Reading

Buying A Property

Purchasing a home or an investment property on the Gold Coast (or anywhere for that matter) can be both an exhilarating and stressful experience for the parties involved. Our Property Lawyers have put together this list of helpful tips to consider before you sign on the dotted line which will hopefully save you from the stresses involved with buying a property: Before you sign a contract, make sure the purchasing entity is correctly described. Talk to your banker or accountant before you sign a contract to make sure the purchasing entity is correctly described. In particular, if you’re obtaining finance,… Continue Reading

Checklist

Welcome to the September 2014 edition of the ABKJ newsletter. In this issue… Nine Tips When Buying a Property Reducing The Risk Of Estate Litigation Nine Tips When Buying a Property Purchasing a home or an investment property can be both an exhilarating and stressful experience. Here are some tips to consider before you sign on the dotted line: Talk to your banker or accountant before you sign a contract to ensure the purchasing entity is correctly described. In particular, if you are obtaining finance, the name you place on your finance application must match the contract. Purchasers often omit… Continue Reading

last will and testament

You cannot avoid estate litigation even if you feel you have the perfect Will. Every person has a right to contest the terms of a Will or Codicil, no matter how careful you are in drafting it. Whether that person will be successful is a different matter and the amount of legal fees expended will depend on what action you took in drafting your will, whilst alive, to minimise the risk of litigation. If you anticipate your estate will be contested after you die, there are some factors you can take into consideration in an attempt to reduce the risk,… Continue Reading

last will and testament

Welcome to the July 2014 edition of the ABKJ newsletter. In this issue… “Do-It-Yourself” Will Kits Staff Announcements “Do-It-Yourself” Will Kits Members of the public are often presented with “Do-It-Yourself” Will kits from a variety of sources which are provided at little or no cost. The preparation of what is presumed to be a straightforward document for minimal expense, in comparison to the fee which would need to be paid to a lawyer to meet with you and prepare a traditional form of Will, can turn out to be a costly decision for your estate. The uncertainty of meaning, and… Continue Reading

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