Legal Articles
illegal downloading

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

Sad Children

It is a long standing misconception in matters relating to children, that the mother will automatically get full ‘parental responsibility’ (e.g. custody of the children). This is not entirely correct. Parental Responsibility Part VII of the Family Law Act entitled ‘Children’ sets out a number of ‘objects’ which are to ensure the best interests of the child are met.  These objects include: Ensuring that the children have the benefit of both their parents having a meaningful involvement in their lives to the maximum extent consistent with the best interests of the child; and Protecting children from physical or psychological harm… Continue Reading

illegal downloading

Dallas Buyers Club LLC & Voltage Pictures LLC v iiNet Limited & Ors [2015] 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 the internet network. The case was brought by Dallas Buyers Club LLC (“DBC”), a subsidiary of Voltage Pictures LCC (who were ultimately joined… Continue Reading

A Legal Advice Certificate

I’m leasing a new retail premises and the landlord has asked for a Legal Advice Report. Do I need to provide one? A Legal Advice Report is a certificate confirming that a tenant under a retail lease has received independent legal advice as to the content of the lease. It is mandated to be provided under the Retail Shop Leases Act 1994. In conjunction with a Financial Advice Report and a Lessee Disclosure Statement, it is a document that a tenant entering into a lease, or seeking an assignment of a lease as part of a business purchase is obliged… Continue Reading

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

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