Joint Tenants or Tenants in Common When ‘real property’ is owned by more than one person, it is surprising that many people are not aware of how that property is held by the them, for example, if there is more than one property owner, the property can be held as either Joint Tenants or Tenants...
Category: <span>General</span>
START-UPS: CONTRACTUAL CONSIDERATIONS FOR BUSINESS AGREEMENTS AND THE IMPORTANCE OF TRANSPARENCY WITH CONSUMERS
A possible point of failure in start-ups is an inattention to the legal relations of the involved parties, e.g. those between multiple cofounders, those between founders and investors, and those between the business and consumers. The common theme with these agreements is that they all, in some way, should protect the financial interests of start-ups...
NEW ENDURING POWER OF ATTORNEY AND ADVANCE HEALTH DIRECTIVE FORMS FOR QUEENSLAND
As of 30 November 2020, new Enduring Power of Attorney (“EPOA”) and Advance Health Directive (“AHD”) forms have come into effect under the Powers of Attorney Act 1998 (Qld) to replace the previously existing forms which had been in effect for more than 16 years. It is important to be aware that whilst any Enduring...
WHAT HAPPENS WHEN YOUR ID DOES NOT MATCH THE CONTRACT OF SALE?
Recently changed your name, been married, or you just changed your name because you felt like it did not suit you? If your ID does not match the Contract of Sale or your true and correct name is not on the Certificate of Title (which is now held electronically by the Queensland Titles Office) for...
CHANGES TO COMPANY OPERATIONS
Changes to company operations are at the forefront of the Government’s agenda with the recent release of a draft bill, which proposes to allow companies to benefit from provisions in the Electronic Transactions Act 1999, which had previously been restricted. When the Corona virus pandemic began to sweep through Australia, the Government swung into action...
OFF THE PLAN PURCHASES
What is an off the plan purchase? Generally speaking, when you purchase a property “off the plan”, you are purchasing a property that is not yet built, but is being proposed to be built in accordance with plans that have been drafted by a surveyor, and which show what the proposed property will look like...
SEPARATION & THE FAMILY HOME
Separation can be one of the most emotionally charged, traumatic events that can occur in a person’s life and the devastating effects are often amplified when there are children involved. No matter the length of the relationship, the breakdown of a relationship can be hard enough to deal with on its own, without having to...
WORKPLACE LOOPHOLE – CASUAL WORKERS
A workplace loophole has been identified, and casual workers throughout Australia are likely to be in a much better position moving forward, after a landmark decision was handed down by the Federal Court earlier this year. A subsequent decision handed down by the full bench of the Federal Court has since confirmed that that the...
TESTAMENTARY TRUST – WHAT IS IT AND DO I NEED ONE?
A Testamentary Trust is essentially a trust that comes into effect upon the death of the testator (will-maker) and can be a useful estate planning arrangement in situations where extra flexibility is needed when the estate is disbursed to beneficiaries, such as circumstances where the beneficiaries are employed in high risk occupations (where their personal...
SHOULD I HAVE AN ENDURING POWER OF ATTORNEY?
While we have reiterated the importance of having a current Will in many previous articles, (click here to read more), the importance of having a current Enduring Power of Attorney is just as important as having your Will in place. While a Will provides instructions for your executors in relation to the distribution of your...
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