Legal News / Publications Gold Coast

Being eligible to receive super death benefits To be eligible to receive a death benefit from a superfund, the eligibility requirements as set out in the superannuation fund trust deed must be met. However, to be compliant with the Superannuation Industry (Supervision) Act 1993 (‘SIS Act’), a superannuation trust deed will generally require the receiver…

A working understanding of employment law is paramount to ensure awareness of your rights as an employee and the duty owed to you by your employer. Further, employers must ensure they are fulfilling their legal obligations to their employees. Duty of Care The duty of care owed by an employer to their employee is well…

Estate planning is an essential area of law. It provides peace of mind, and comfort in the knowledge that your estate will be managed according to your wishes. A binding death benefit nomination is just one piece of the puzzle that is estate planning that was recently considered by the High Court of Australia. What…

A question we are often asked is what is the difference between joint tenants and tenants in common?  The difference in ownership becomes particularly important when one of the owners passes away. Joint Tenants To put it simply, joint tenants means that you own the property equally and when one owner passes away, their share…

De facto relationships are becoming increasingly more commonplace, with marriage no longer being the stringent social norm it once was. With this shift in values comes new areas of uncertainty surrounding de facto relationships and the legal avenues available in the event they breakdown. What constitutes a breakdown of a de facto relationship? One complexity…

As a result of the many advantages a discretionary trust can have,[1] including possible taxation advantages, asset protection and income splitting opportunities, the creation of a discretionary trust has become a prevalent and popular choice for individuals wishing to develop and safeguard wealth for the future generations of their family. Despite the popularity of discretionary…

Stubbings v Jams 2 Pty Ltd (2022) HCA 6 – Implications for Guarantees and Unconscionable Conduct What is a guarantee? The term ‘guarantee’ attracts a level of ambiguity. It is not always clear what the legal implications of a guarantee are beyond the notion that it involves making an assurance, generally in the circumstance of…

Buying a business?  If you are looking at buying a business or are in the process of buying a business, then there are a multitude of things you will need to consider. Not only should the typical pre-purchase due diligence enquiries be made, but some more in-depth matters (which are often glossed over or forgotten…

How to contest an Estate in Queensland if there is no Will What happens when someone dies without a Will? When a person dies without a Will, they are said to have died ‘intestate’. When this occurs the deceased’s Estate is distributed according to legislation which, in Queensland, is governed by the Succession Act 1981…

NEW SMOKE ALARM REQUIREMENTS STARTING 1 JANUARY 2022 The Fire and Emergency Services Act 1990 came into effect in Queensland in 2017 to provide for the prevention of fires and other incidental emergencies; and to establish a framework for the management of compliant fire safety. If a property is not in compliance with current fire safety…

A warranty is a voluntary promise made by a supplier of goods or services to an individual. This promise can be recognised as a right at law and enforceable by the individual (“consumer”) under the Australian Consumer Law (“ACL”) legislation. It is important to understand that consumers are automatically entitled to ‘guarantees’ under the ACL,…

High Court of Australia Public counters are closed, and face-to-face services are permitted only in urgent circumstances following an initial assessment by telephone, according to the website of the attorney-general’s department. Further updates: https://www.hcourt.gov.au/ Federal Court The registries will only offer services online and via phone.Where possible, telephone and AVL are being utilised, and applications…

The High Court has confirmed that in some circumstances parties may contract out of statutory limitation periods, which in this instance was the Limitation of Actions Act 1974 (Qld). This matter related to a mortgage, with the mortgagee filing proceedings in 2017, for unpaid amounts around 4 million that were due many years before on…

The term ‘Buyer Beware’ is well known in the conveyancing world, but how often have you heard the term ‘Seller Beware’ being raised? It is a warning that perhaps should be considered more often by Real Estate agents when acting for sellers. In relation to the sale of land, the modern position reflects the historical…

We are pleased to announce that the managing director of Affinity Lawyers, Angus Gordon, has taken up the position of President of the Gold Coast North Chamber of Commerce https://gcncc.org.au/. Mr Gordon states that “in one of the most uncertain times for the Gold Coast local community, it was a pleasure to be able to…

Have you recently lost a loved one who may or may not have left a Will? Are banks and other institutions not willing to speak to you even though you want to adhere to your loved ones wishes? This may be because these institutions require a Probate or similar Grant.  Do you always need a…

Who is a foreign acquirer? If you are looking to purchase a residential property in Queensland, you should consider you fall are considered a ‘foreign acquirer’. The description of a ‘foreign acquirer’ includes a person who does not ordinarily reside in Australia, does not hold the relevant permanent Visa or who is not an Australian…

After many uncertain months throughout the last year, the Queensland Government has released a plan to action the COVID-19 vaccine however, the only question is, can an employer force an employee to take the vaccine? The action plan for the vaccine’s is being rolled out in three phases:- Phase 1A: Frontline health care and quarantine…

As the world evolves into a more online digital age, the use of electronic signatures are becoming more and more prevalent, and in today’s COVID impacted marketplace, and with the assistance of relatively secure digital platforms, we anticipate that it will, become the new normative in all industries, from real estate to automotive contracts, tenders…

What do executors do? Statutory obligations Executors in Queensland have statutory obligations that are set out under section 52 of the Succession Act 1981 (Qld) (“the Succession Act”). However, there is no exact guideline for executors to follow because their duties may vary depending on the size and complexity of the estate, as well as…

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…

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…

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…

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 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…

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 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…

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…

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…

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…

Our family lawyers have been fielding a lot of questions in the past several weeks from worried parents regarding their children and parenting orders, so we thought it would be prudent to provide a brief update on the current guidelines surrounding the care of children and the operation of parenting court orders during this time….

If you are selling your property and have managed to get a buyer to sign a contract to purchase, then you will want to do everything you can to minimise the risk of termination of the contract and to make sure that the sale goes through. There are various situations which can arise during the…

In the same way that an individual can become bankrupt for failing to pay money when due, a company can be brought to a commercial end by being wound up for failing to pay its debts so it is vitally important if you run a company that you are aware of what a statutory demand…

If you are considering buying a house or have entered into a contract to buy a house, it is likely that you have included a finance clause to ensure that you can come up with the funds required for the purchase (i.e. getting a finance approval) (if not – please contact one of our property…

Where parties separate and one party to the marriage/de facto relationship is unable to adequately support themselves, then the other party may be required to pay spousal maintenance. A person has a responsibility, under the provisions of the Family Law Act to assist their former spouse or partner financially in circumstances where that person’s income…

A BFA or Binding Financial Agreements, commonly referred to as “pre-nuptial agreements” or “pre-nups” are becoming increasingly popular globally as couples look to put in place safeguards and individual asset protection strategies to protect their financial position as they enter into a new relationship. BFA’s are no longer reserved solely for celebrities and multi-millionaires looking…

This article has been written for employers and small businesses regarding hiring new staff, the legalities and the interview process with the potential employee. Taking on a new team member can be a daunting task for those running their own businesses because it is so important that the candidate hired is the best possible fit…

We hope that you found last month’s article regarding Retirement Villages valuable and informative, (click here to read it if you missed it) and this article will follow on from that article with a focus on aged care facilities / nursing homes to enable our readers to gain a greater understanding of the options available…

If you own real property and borrowed money from a bank or financial institution to use towards the purchase, then it is more than likely that the lender will register a mortgage over the property to protect its interests, and without knowing it, you may need a Release of Mortgage. In simple terms, the registration…

As the cost of living increases and it becomes harder for young people to get a foot into the property market, it is becoming quite common for parents to provide funds to their adult children to either assist them with purchasing property, or for various other expenses ranging from medical expenses, weddings or even holidays….

A retirement village is often a daunting prospect as we all want our parents and loved ones to live forever, and for them to be able to stay in their family home until they pass away. While this does happen in many cases, unfortunately, the reality is that at some point we may have parents…

Its December again, and the team at Affinity Lawyers are ramping up and ready to assist our wonderful clients with their legal needs all throughout the upcoming Christmas/New Year break. Our Runaway Bay office will be open for your convenience throughout the Christmas/New Year break (except for public holidays) to assist you if required, so…

It has been just one year from our previous article on Airbnb and Body Corporate’s, (Body Corporate for Hilton Park CTS 27490 v Colin Robertson [2018]), wherein it was found that short-term rentals (such as Airbnb and Stayz) would be allowed to continue to be offered by owners in unit complexes. However, we have been…

After reading last months article regarding estate planning (click here), you will now realise how important it is to have a Will and hopefully you’ve decided to get your Will done (well done!). Unfortunately, not all estate planning or Wills are created equally. Our Gold Coast team often see people trying to cut costs by…

Following on from last months article which raised issues which may arise in the social media arena, we thought that a quick overview on what a trade mark is, and how these can affect a business in the e-commerce world or through social media. So what is a trade mark? A trade mark is essentially…

While our Gold Coast Conveyancing and Property team settle hundreds of conveyancing transactions each month, and know all of the ins and outs of the process, we understand that buying or selling a house is not an every day occurrence for our clients and often, our clients don’t know what actually happens on settlement day….

Affinity Lawyers experienced Wills & Estate Lawyers have written many articles on the importance of having a current Will, however we are still finding many people don’t properly understand the pitfalls and ramifications that can occur if they were to die without a Will. What happens if I die without a Will? Essentially, if you…

When you are considering buying or selling a business which is currently operating under a retail shop lease, it makes sense that the transaction would necessarily include the assignment or transfer of the retail shop lease from the existing business owner to the incoming purchaser. Our lawyers have previously written an article on the difference…

With the ever-increasing reach of social media and the rise of ‘’influencers’’, it is unsurprising that there is also a large number of disputes about the ownership of content (written work, photography, images, graphics etc) and many people are unaware of copyright and/or trademark issues, including the possibility of being on the receiving end of…

Following on from last month’s article regarding mutual/mirror wills, our Gold Coast lawyers wanted to drill down and provide some further information in this area, so that our clients have a better understanding of the process, and what can (and often does) go wrong when proper and thorough estate planning is not carried out. There…

What is the difference between mutual wills and mirror wills? Many people are proactive when it comes to their estate planning matters, and make sure that they have a current and valid will which documents their intentions upon their passing. Couples who are in a relationship and who have children often choose to have their…

At Affinity Family Lawyers, we are all too aware that ending a relationship or the separation from a husband/wife or long term de facto partner can be one of the most stressful and traumatic events in a person’s life. It can also be one of the most confusing times in a person’s life, especially if…

A recent American case has made headlines with a Court determining that a man’s $30 million lottery win was to be split, and $15 million was to be paid to his ex-wife, despite the parties having been separated for over two years prior to his win. Although they had been separated for over two years,…

The paper certificate of title is the latest casualty in the slow shift towards become a paperless society thanks to the passing of the Land, explosives and Other Legislation Amendment Act 2019 (‘OLAA’) last month. While this will likely be a positive change for those who deal with conveyancing matters regularly, it is a move…

At Affinity Lawyers, we provide both employers and employees with legal advice in relation to many matters which fall under the general umbrella of ‘Employment Law’, such as employment agreements, employment contracts, unfair dismissals, general protections claims and more. Following on from our recent article in relation to Unfair Dismissal applications and the strict time…

A recent decision of the Supreme Court of Queensland has highlighted the importance of firstly, having a current will, and secondly, understanding the correct way to have your will updated if you change your mind about the contents of your will, including changes to any beneficiaries. THE CASE In this case, a gentleman ‘Mr M’…

Leave entitlements may need to be queried as a result of the dreaded drop in temperature on the Gold Coast and the increase of colds and sniffles may have already affected , you may have noticed that the health of your family has also taken a turn for the worst, and that colds and sniffles…

We have had a number of matters in recent months whereby clients who own properties with another person (for example, married partners) are unsure or unaware of whether they are holding the property as ‘joint tenants’ or ‘tenants in common’. Further, it appears that many are in fact holding property as ‘joint tenants’, despite not…

We are pleased to announce that Affinity Lawyers have relocated our office, a short distance, to larger premises, being Suite 8/465 Oxley Drive, Runaway Bay Gold Coast. The paramount consideration in the relocation decision, was the ability to remain up on the Northern Gold Coast, thereby enabling convenience and exceptional service levels, while continuing our…

As we become an increasingly globalised society, it is becoming more common for people’s Estates to include foreign assets.  If you have assets located overseas, whether it be real property (like a house or land) or personal property (such as bank accounts, vehicles, boats and household items), advice should be sought and careful consideration given…

An injunction can be described as a court order by which one party is required to perform, or is restrained from performing, a particular act. An example is a breach of confidential information from an employer, such as a client list that is being used by a former employee to build a business in competition…

We have many clients based on the Gold Coast and State-wide who are expanding into or starting a commercial enterprise and although it’s an exciting time when you are starting a business and seeking commercial premises, or when you purchase commercial premises and are looking for your first retail tenant, there are some important things…

Considered and strategic estate planning is a crucial part of any successful wealth protection strategy, and Affinity Lawyers have an experienced and professional wills and estate team in place to provide you with legal advice tailored to your individual circumstances. Our Wills & Estate lawyers, based on the Gold Coast, can prepare a premium Affinity…

The family law solicitors based in our Gold Coast office have noticed lately that the terms ‘separation’, ‘property settlement’ and ‘divorce’ are often used in the incorrect circumstances, especially when someone going through a separation is chatting to family and friends, and the incorrect use of these terms can lead to confusion. To clear up…

Affinity Lawyers on the Gold Coast regularly provides advice to both employers and employees in relation to a range of employment law matters, including (but not limited to) applications for unfair dismissals. An issue which commonly arises in matters of this type, is that people are unaware of the strict time limits involved in filing…

Following on from our previous articles highlighting the importance of having a current Will and up-to-date estate planning in place, a query that can crop up when providing clients with advice in relation to making a Will is how they can reduce the possibility of a claim being made on an estate after they have…

One of the biggest areas of contention we see in Gold Coast Family Law matters after parties have separated, is who is going to pay for the children’s private school fees. The Department of Human Services (DHS) typically uses a specific formula to assess the amount of child support required to support a child on…

HAPPY NEW YEAR!   We trust that all of our valued clients, colleagues and associates have had a wonderful break, and are ready to charge into the new year full speed ahead. Affinity Lawyers would like to extend well wishes to you all for a happy, safe and prosperous 2019, and we look forward to…

At Affinity Lawyers, we like to take the start of a fresh new year to remind you that it’s a great time to take stock of your circumstances, and get some of those pesky tasks that you never seem to have time to do – done. For many tasks, including getting an up-to-date will drafted,…

At Affinity Family Lawyers, we understand that separation from a husband/wife or long term de facto partner can be one of the most stressful and traumatic events in a person’s life. Unfortunately, during/shortly after the annual Christmas/New Years break we generally see an increase in the rate of separations.  Whether its due to families spending…

Personal property is considered to be any form of property other than land, buildings or fixtures which form a part of that land. This can include cars, boats, caravans, art, machinery and crops as well as intangibles such as intellectual property and contract rights.  The Personal Property Securities Register (PPSR took over from the REVS…

The ability for unit owners to rent out their units for short term accommodation via sites such as ‘Airbnb’ or ‘Stayz’ has long been a grey area, with many body corporates attempting to stop these types of rentals from happening by attempting to enforce by-laws which have been explicitly drafted to exclude short term rentals….

It is that time of the year again when people are starting to relax, and are getting ready to enjoy the Christmas/New Year break after the busy working year and start looking forward to 2019. Therefore, we would like to extend to you some carefully drafted Christmas wishes, with an abundance of lawyer humour: Please…

With the year drawing to a close, it is the perfect time for an assessment of our life, health and career choices. It is unsurprising then that we often see a significant increase in the number of new companies and business endeavours which are launched at the start of a new year. At Affinity Lawyers,…

Although acquiring digital currency is increasingly common in this day and age, it is also an area which, due to its relatively recent surge in popularity, is often overlooked when people are having a new Will drafted. Cryptocurrency or digital currency (such as Bitcoins) is big business, with a very large (and unquantifiable) number of…

Note: This is a very broad and complex area and this article is in no way intended to provide a complete overview of this area of law.  If you require advice in relation to this area of law you should contact one of our professional and experienced Gold Coast lawyers to seek advice tailored to…

A Testamentary Trust is a trust created under a Will that comes into effect following the death of the testator. A Testamentary Trust may offer a higher degree of protection for your beneficiaries over your assets and superannuation against claims being made by estranged spouses/relatives and creditors than a usual Will. The drafting of a…

If your marriage occurred overseas, you can still apply for divorce in Australia if either you or your spouse: regard Australia as your home and are an Australian citizen or resident; or are an Australia citizen by birth; or are an Australia citizen by grant of an Australian citizenship; or ordinarily live in Australia and…

Most people would concur that it is a common occurrence or perception that people will have, at least some, incorrect facts, inconsistencies, exaggerations or untruths in amongst the true working and education history detailed in their resumes.   These types of ‘white lies’, or inconsistencies, are often brushed off as acceptable, and rarely are the…

Franchising is essentially the relationship between two parties/business entities where one party is owner of a business who supplies goods and services, and grants a right for the other party to market and distribute the business’s product in the marketplace. The legal framework concerning franchises and franchising is highly complex, and our experienced and professional…

If you are running a business, chances are you are doing so from leased commercial premises, or if you are in the process of establishing a business, then you may be seeking to lease commercial premises upon commencement of your business. Commercial property generally includes offices, workshops, warehouses, industrial units, retail shops, storage premises and…

If you are selling your business or are in the process of same, there are many things to consider to ensure that the transaction is smooth and hassle-free. Obtaining professional legal advice in relation to the sale is crucial to maximise the prospects of a worry free transaction. It may be beneficial to obtain legal…

During a separation many couples are able to put aside their differences to focus on the best interests of the children, despite the common misconception that ‘separation often turns ugly’. If this sounds like you and your former spouse, you do not necessarily need to go to Court to finalise orders in relation to your…

We have previously written about the numerous changes to the Additional Foreign Acquirers Duty for property purchases in Australia by foreigners, and several of the major changes stemming from the 2017 budget have come into effect on 1 July 2018. As a result of the mid-year fiscal economic review, it is expected that the foreign…

If you are looking at purchasing a business or are in the process of same, there are a few things you should consider: are there any specific terms that you wish to include in the Contract/offer, or are there terms already in the Contract/Offer which you need clarification on before signing; what is the most…

Buying or selling a property is one of the biggest financial transactions you will undertake in your lifetime, and it is important to ensure that the contract is drafted correctly, takes into consideration your individual circumstances and accurately reflects the agreement reached between the parties. Affinity Lawyers recommends that you should always have your contract…

Although it is not something we want to contemplate, the truth is it is better to be prepared for our passing than to bury our heads in the sand and hope it all works out when the time comes. Apart from making your families life easier during a difficult time, having a comprehensive and well…

Clients are often unsure of why they need to consider business succession and estate planning matters pertaining to their business. The analogy we often use is, why spend all of your life working hard to save and build up your assets, only to leave them completely unprotected and at the mercy of third parties or…

An Advance Health Directive, also known as a Living Will, allows you to give instructions about your future health care. It is a legal document which only comes into effect if you are unable to make decisions for yourself due to incapacity and further, will cease to operate if you regain capacity. An Advance Health…

Separation is a tumultuous time for all involved, usually requiring parties to navigate logistical issues such as living arrangements, finances and working together to provide a stable environment for any children and pets, and at the same time as continuing to work and attempt to process emotions, feelings and to grieve for the loss of…

It’s that time of year again! Although it feels like we just had Christmas and welcomed in the New Year – Easter is upon us. We wanted to take this opportunity to wish you all a very happy Easter and to remind you to take some time to relax, spend time with loved ones and…

Buying a property at auction can be an exciting, nerve-wracking time and sometimes emotions can get the better of us so it is vitally important that you understand the process, and your rights and obligations before bidding on a property to ensure you don’t end up in a sticky situation that could end up costing…

After the family home, superannuation is generally the second largest asset of many families, and as a result, it becomes very important when parties are splitting their property after separation. The Family Court has had jurisdiction to deal with superannuation entitlements for over 10 years, and amongst other things, can make a splitting order which…

At Affinity Family Lawyers, we understand that separation from a husband/wife or long term de facto partner can be one of the most stressful and traumatic events in a person’s life. Most people do not know where to begin, and often delay taking any steps towards obtaining legal advice, and consequently, do many things which…

Often, people assume that the transaction process for selling real property is simple, and many are hesitant to engage a professional lawyer to undertake the work on their behalf, believing that they can do it themselves to save money. We see many files after the seller has attempted to finalise the transaction on their own,…

Unless you have missed the major news headlines in the past year, you would be aware of the downfall of Hollywood heavyweight Harvey Weinstein due to sexual harassment allegations, and the subsequent opening of the floodgates for many sexual assault claims being made against high profile figures. As a result of these allegations, hundreds of…

You can apply to the Court either jointly or solely to obtain a Divorce, if you satisfy the following requirements: 1. You have been separated for at least 12 months and there is no prospect of reconciliation; and 2. There is an irretrievable breakdown of the marriage.   12 MONTHS SEPARATION In order to apply for a…

The start of a new year seems to be a popular time for people to decide they want a fresh start, sometimes with finding the house of their dreams. With the current market, there are hordes of interstate buyers, particularly from Sydney, who are ready to buy Queensland properties with cash. It is important to…

The start of a new year is the perfect time to sit down and take stock of your present circumstances. Are you happy with your job, relationship and current living arrangements? Do you have a dream of undertaking further study, starting a new sport or hobby or simply taking more time out to relax? More…

As Christmas is fast approaching (again!) we thought it was timely to discuss one of the queries that we are often asked by our clients in the lead up to the Christmas/New Year break relating to children, namely, how is time with the children organised between separated parties over the break? We have visited this…

In a landmark decision by the Australian public, the ‘Yes’ vote to change the Marriage Act 1961 to legalise same-sex marriage trumped those against the proposed amendments with a 61.6%/38.4% result, announced on 15 November 2017. While many were rejoicing at the outcome of the Australian Marriage Law Postal Survey, the scope and extent of…

Read the article here: https://community.pexa.com.au/t5/Share-your-Experiences/Making-History-in-QLD-Affinity-Lawyers-amp-Astill-Legal-Group/td-p/6585 Conveyancing transactions are moving forward into the digital age and the introduction of PEXA means that e-conveyancing transactions will allow the entire process to become more streamlined, efficient, reduce errors, and allow for an immediate reconciliation of funds. PEXA is the only electronic lodgement network in Australia at present, and…

A question that pops up every so often is what are the obligations of the seller when selling a house which has a somewhat murky or mysterious past? It goes without saying that properties hold many stories within their walls, hence the colloquial “if the walls could speak’, however as a buyer in Queensland there…

The recent high profile case heard by the Supreme Court in Victoria between actress Rebel Wilson and German media giant Bauer Media has come to a dramatic conclusion, with Justice Dixon finding that Bauer Media had maliciously defamed Ms Wilson. Ms Wilson was awarded a large sum of $4.5 million dollars in damages, resulting in…

We are fast approaching the warmer months here in Australia, and music festivals and outdoor events are always a popular choice for many during this time of the year. However, what happens if the festival you have purchased tickets for is cancelled due tounforeseen circumstances? When purchasing  a ticket for a festival, you are entering…

Since the 1st October 2016 residential conveyancing transactions for which the liability for transfer duty (stamp duty) has arisen, and where the subject property is classed as ‘Additional foreign acquirer duty’ (‘AFAD’) residential land’, then if the purchaser falls within the meaning prescribed in the Duties Act 2001 as a ‘foreign acquirer’, then it is…

Following on from a recent article we published regarding cheap ‘will kits’, we often find that clients are also compromising one of the largest purchases they will make in their lifetime, being the purchase of their first home or real estate, all for the sake of saving a small amount of money. We find that…

On 6 June 2017, the Fair Work Commission (‘the Commission’) handed down its decision in relation to the annual wage review., As a result, from 1 July 2017, the minimum annual wage in Australia has risen from $672.70 p/w ($17.70 p/h) to $694.90 p/w ($18.29 p/h).  Modern award minimum rates of pay will also increase…

Following on from the implementation of the Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016 and to last year’s article regarding the change to trading hours (https://www.affinitylawyers.com.au/blog-view/reducing-alcohol-fuelled-violence-will-this-179), a new piece of legislation named the Liquor and Other Legislation Act 2017 was introduced in March 2017 and as a result, all premises that fall within the definition…

One of the most common myths when it comes to separation is that “all family disputes go to the Court”. However, this couldn’t be further from the truth as a vast majority of cases are resolved without the need of going to Court, and of those matters that do end up in the Court room,…

Where there has been a relationship breakdown and there is real property involved (for example the matrimonial home or an investment property), then depending on how the property is held by the parties, a caveat may need to be lodged over the property to protect your rights and interests in it before your ex has…

One of the questions that we are posed by many of our clients, time and time again, is ‘why can’t we just use one of those $20 will kits from the newsagent?”.  In fact, in our experience many people are hesitant to pay for a lawyer to prepare their will properly, instead preferring just to…

Further to our recent article regarding the shakeup to conveyancing transactions as a result of the 2017 budget, a new piece of legislation has come into effect on 1 July 2017 which directly affects all real estate agents and buyers/sellers, where the market value of a property is over $750,000. Although the aim of the…

Generally, if there is a child support assessment in place pursuant to the Child Support (Assessment) Act 1989 (CSA) or if the parents of a child have come to their own private arrangements in respect of child support, these payments usually cease upon the child reaching the age of eighteen. However, child support can continue…

As a result of the 2017 budget, it would appear that from 1 July 2018, any buyers purchasing new residential property or land within a subdivision will have the onus placed on them to collect the GST from the purchaser and pay it to the ATO.  This change will necessarily require developers to amend their…

Affinity Lawyers first discussed the Western Australian case of Lemon v Mead back in April 2015, (you can read the article here).   In essence, the case deals with the estate of a wealthy mining magnate who left two of his surviving children approximately $400 million each in his will, while the remaining surviving child…

As blended families become more and more common in today’s society, a photo released by a family made up of a mother, father, step-mother, step-father and child has gone viral in the news for all of the right reasons. Promoting the belief that co-parenting is completely do-able, and most definitely in the best interests of…

As one of the leading Gold Coast law firms, our property and conveyancing team at Affinity Lawyers deal with many transactions, and a common question asked is ‘what happens if the house is damaged after the contract has been signed, prior to settlement occurring?’.   As most of you would be aware, Queensland has been suffering…

There are significant changes to the way superannuation funds can be built and how retirement wealth can accumulated from 1 July 2017, and it may severely impact on many Australian’s ability to accumulate enough funds to retire without having to rely also on the aged pension. For those of us over the age of 49,…

Don’t forget that the Queensland First Home Owner’s Grant is expiring on 30 June 2017 for New Homes. In a bid to boost the Queensland property market, the Queensland Government boosted the First Home Owner’s Grant (‘FHOG’) from $15,000.00 to $20,000 – but only until 30 June 2017. The FHOG is designed to assist first…

Unfortunately, ‘elder abuse’ is becoming more and more prevalent in today’s society, and accordingly it is important to be aware of the signs that elder abuse may be occurring.  The Australian Network for the Prevention of Elder Abuse defines elder abuse as “any act occurring within a relationship where there is an implication of trust,…

ASSUMPTION — IT WILL BE A 50/50 SPLIT Most people presume that their assets will be split straight down the middle, however there is no hard and fast rule that this will occur (see pages 12 to 13 for more details).   ASSUMPTION — What I put in, I get back A person may not…

The recent review of the Adoption Act 2009 has seen the most significant overhaul of the adoption system in Queensland come to fruition in the form of the Adoption and Other Legislation Amendment Bill 2016 (‘the Bill’) being passed by Parliament in November 2016. As a result of the Bill, the Adoption Act 2009 has…

The Fire and Emergency Services (Domestic Smoke Alarms) Amendment Act 2016 which came into effect on 1 January 2017, has resulted in various amendments being made to the principal legislation dealing with fire safety in Queensland, namely, the Fire and Emergency Services Act 1990 (‘Act’).  The amendments to the present legislation have been made as…

At Affinity Lawyers, we see many clients who do not have a current will, and know that they should have one – but have not found the time to complete it. The start of a new year is a great time to take stock of your circumstances and arrange the unattended tasks from 2016 to…

We cannot believe that yet another year has passed by, it feels like only yesterday we were wishing all of our clients, associates, friends and families a happy and prosperous 2016.  We hope that 2016 was indeed a happy and prosperous year for you all, and that 2017 also brings those qualities with it, together…

The end of the year is upon us, and while Christmas and holidays are often a happy and joyous occasion, where families spend some quality time together, this isn’t always the case for those who have recently separated with children involved. While adults are capable of understanding separation, the accompanying emotions, processes and procedures that…

At Affinity Family Lawyers, we understand that separation from a husband/wife or long term de facto partner can be one of the most stressful and traumatic events in a person’s life.   While we strongly recommend obtaining legal advice at the earliest opportunity, there are practical steps you can take in the interim to protect…

The purchase of property is often one of the biggest outlays in your life, so it makes sense to protect yourself as much as possible when it comes to such a big purchase. While many Australians may be familiar with the process of buying a property the more ‘traditional’ way, where the buyer and seller…

It seems the Australian Government has foreign investors at the forefront of its agenda with the recent introduction of steep application fees, with individual applications for the acquisition of property (including previously exempted commercial properties) commencing at $5,000.00 per lot (if the purchase price is under $1Million), and increasing to $10,000.00 for properties over $1Million…

At Affinity Lawyers, we know that when a separation occurs it can be a stressful, emotional time for parties and the period of time in which a property settlement is being finalised can often pass by in a blur, leaving parties at the end of the process feeling emotionally drained and with little recollection of…

Drones have been gathering momentum and their use in day-to-day society is only increasing as time goes on.  Of course, with the rapid rise in popularity in these devices, legislation relating to privacy issues has not had time to ‘catch-up’ and accordingly, we are seeing many cases where people don’t know where they stand in…

Regardless of whether you are a foreign person or an Australian resident, the new withholding tax legislation (‘tax legislation’) may affect you if you are involved in a transaction relating to the sale or purchase of Australian real property, with a purchase price of more than $2 Million.  There are also several other methods of…

We recently had a client seeking advice when they were faced with a whopping bill from Telstra for almost $15,000.00 after they accidently cut a Telstra cable while undertaking some home renovations. We thought it was a good time to provide you all with a reminder – if you are doing any works on your…

It is vitally important that separating parties are aware of the statutory time limits in relation to formalising their property settlements. For married parties, property proceedings must be commenced within 12 months from the date the divorce is granted, and for de facto parties, they must be commenced within 2 years from the date of…

Sitting down with your solicitor for an estate planning consultation is an important task that many of us put off due to time constraints. We understand that discussing your wishes after your death is an uncomfortable and sometimes unpleasant task, however, it is also one of the most important tasks you will undertake in your…

When purchasing real property with another person (or several others), you will need to instruct your solicitor how you wish to hold the property after settlement. Broadly, you can hold the property either as ‘Joint Tenants’ or as ‘Tenants in Common’, however within these two options, there are many different configurations which can be tailored…

With a growing aging population, the issue of elder abuse is becoming more prevalent in our society, and while domestic violence issues between spouse and de facto couples are often highlighted in the media, elder abuse has remained somewhat ‘under the radar’. However, in the past year there has been a particular focus on this…

Since March 2016, when the Civil Partnerships Act 2011 (the Act) commenced, couples (including same sex couples) who meet certain eligibility requirements are able to register a civil partnership. The definition of a ‘civil partnership’ under the Act is ‘a legally recognised relationship that, subject to this Act, may be entered into by any 2…

If you own assets in multiple jurisdictions then it would be prudent to make sure that your estate planning is as thorough as possible to ensure that all of your assets can be dealt with as smoothly as possible upon your passing. We are seeing an increasing number of clients who hold property in multiple…

If you have a superannuation interest, it is important that you consider who will receive the benefit of the fund and any associated insurance benefit when you pass away. A binding death benefit nomination (BDBN) allows you to nominate the person or persons who you wish to receive your benefits after your death (provided they…

Land valuations are issued annually by the Valuer-General in accordance with the Land Valuation Act 2010, and cover all rateable properties in Queensland.  Issued prior to 31st March each year, the valuations are chiefly used to assess and calculate the council rates applicable for the property, however they are also used for the calculation of…

With the increase of Gold Coast residents moving overseas, particularly after a relationship breakdown, the question often arises in the practice of Family Law of, ‘how can we deal with Australian property whilst residing overseas?’ Australia is not privy to any international agreements or conventions recognising and/or enforcing foreign Family Court orders in Australia in…

Making a Will without the assistance of a professional is not advised. The main goal in creating a Will is to ensure that your wishes are fulfilled after death. Even the most simple or self-explanatory do-it-yourself kit can leave errors or gaps, which will mean that the executor of your Will won’t be able to…

Sending cheques for ‘Full and Final Settlement’ In the past, a cunning way to settle a matter was to send a cheque to a debtor for a reduced amount with an enclosing letter expressing that the cheque was tendered on a full and final settlement basis. In cashing the cheque the debtor accepted these terms…

Divorce and separation is difficult in any case, but when a child is involved it often becomes more of a case of protecting the interests of your children as opposed to yourself. Emotions run high during the breakdown of a relationship, and getting through the simplest day-to-day chores such as shopping and cooking, can sometimes…

It is hard to believe that while most of us are preparing for Christmas or holidays or spending time with the family, some businesses use this time to dismiss employees in preparation for a fresh start to the New Year. Being dismissed from your employment can be a difficult experience filled with much uncertainty. It…

  We are pleased to pass on the below legally minded holiday message:   Please accept without obligation, express or implied, these best wishes for an environmentally safe, socially responsible, low stress, non addictive, and gender neutral celebration of the winter solstice holiday as practiced within the most enjoyable traditions of the religious persuasion of…

The property team at Affinity Lawyers have noticed an increasing number of clients enquiring about, or entering into contracts for the ‘purchase’ of property in retirement villages. While the purchase of a unit in a retirement village may seem like a simple, straight-forward process, in reality it is quite complex.  These types of transactions are…

A family breakdown and subsequent separation is a tumultuous time for families, and even more so when there are children involved.  Family lawyers are often asked who decides where the child or children live after separation, and what weight is given to the child or children’s wishes about which parent they would like to live…

All of us realise the importance of pool safety, especially given that drowning is the lead cause of deaths for children aged between one to four years.  Accordingly, all pool owners in Queensland will be required to comply with the current pool safety standard (QDC MP 3.4 and the Australian Standard (AS) 1926-2007 Parts 1…

In recent times, there has been a large focus in the media of politician’s commitment to increase paid parental leave. However, with the introduction of the newly proposed Fairer Paid Parental Leave Bill 2015 (‘the Bill’), Australian carers may be faced with quite the opposite outcome.   What are the current entitlements? The current Paid…

As many of you would be aware, a highly publicised hack occurred recently of private data and details of the users of an online dating website which encourages people to cheat on their spouses. We do not have ‘at-fault’ divorces under the Family Law Act 1975, and thereby, the general position is that any evidence…

There is a common misconception that caveats are a tool to secure the repayment of a debt. Client’s often state to lawyers, “person A owes me money, I will put a caveat over his property and get my money back”. However, it is important to note that the lodgement of a caveat by a person…

As a result of the sudden drop in temperature on the Gold Coast, you may have noticed that the health of your family has also taken a turn for the worst. Unfortunately, this often means that busy parents need to take time off work in order to care for their sick child. You may find…

The recent decision of Thorne & Kennedy [2015] FCCA 484, involved a 67 year old multimillionaire property developer, who met, (his now former) 36 year old wife over the internet. When they met, the wife lived overseas, had minimal English speaking skills, a previous divorce and no real assets. They fell in love and were…

Justice Nye Perram of the Federal Court has today handed down a decision in the case of Dallas Buyers Club LLC And Voltage Pictures LLC v iinet Limited, Internode Pty Ltd, Amnet Broadband Pty Ltd, Dodo Services Pty Ltd, Adam Internet Pty Ltd And Wideband Networks Pty Ltd which could have a significant impact on…

Section 311 of the Fair Work Act 2009 (‘FWA’) sets out some of the circumstances in which a ‘transfer of business’ can occur, and with it, a transfer of liability in respect of employee entitlements (including redundancy entitlements) from the old employer to the new employer. These factors are important to be aware of if…

Another interesting decision regarding Estate matters which was handed down recently is the Western Australian case of Mead –v- Lemon. In this case, the deceased was a very wealthy individual who was survived by four children at his death (three of whom were born as a result of one of his earlier marriages and one…

If you believe you have beneficial ownership of a house (or part of a house), or you are contemplating providing funds to a family member for the purchase of a house (without becoming a registered owner on title) it is a good idea to obtain legal advice in respect of your position and to ensure…

Agreeing to act as guarantor for someone is a significant responsibility, and one that should not be entered into without a thorough understanding of the implications and risks associated with signing on the dotted line. Essentially, when a person is acting as guarantor, they have contractually agreed to pay the borrowers loan repayments (and ultimately,…

A recent decision handed down by the Full Bench of the Fair Work Commission has confirmed that comments made on the social networking site ‘Facebook’ can amount to bullying at work, within the meaning prescribed by the Fair Work Act. For the Fair Work Commission to make an order regarding bullying, the applicant must satisfy…

The use of Self managed super funds (SMSF’s) in Australia has been growing in popularity over the past several years due to the many potential tax benefits associated with an SMSF.   In early 2014, there were approximately 528,701 SMSF’s in existence, and according to the latest statistics released by the Australian Taxation Office (ATO),…

Employees covered by the national system are generally entitled to take public holidays off work in accordance with the Fair Work Act 2009 (Cth). The eight recognised public holidays for 2015 are: New Years Day – 1 January 2015; Australia Day – 26 January 2015; Good Friday – 3 April 2015; Easter Monday – 6…

Separation from a husband/wife or long term de facto partner can be one of the most stressful and traumatic events in a person’s life, and this stress and trauma can be compounded or amplified if there are children involved. When there are children involved, it is extremely important that parties remain child focused and do…

We have previously canvassed the importance of having a Financial Agreement drafted correctly to ensure that it complies with the requirements of the Family Law Act 1975 and is thus binding on the parties.  However, in light of the 2014 case of Parker v Parker, we thought it prudent to highlight that the timing for…

The Gold Coast is abuzz with start of year auction activity, launching this weekend.  While there will be many bargains to be had, it is important that common sense and caution are still applied to purchases at auction. While purchasing residential property at an auction is a common way for property to be purchased in…

The start of a new year is the perfect time to sit down and take stock of your present circumstances. Are you happy with your job, relationship and current living arrangements? Do you have a dream of undertaking further study, starting a new sport or hobby or simply taking more time out to relax? More…

The start of the year is often a very busy and stressful time for separated families as children are returning to the primary caretaker, usually after spending significant time with the other parent over the holidays, and young children are often due to be enrolled in school for the first time. At Affinity Lawyers, we…

We have previously highlighted the detrimental affect social networking sites such as Facebook and Twitter can have on your family law matter when it comes before the Court, but thought it was time for a reminder to ensure that you are aware of the dangers. Family law matters, including separation, divorce and children’s issues are…

We are only weeks away from Christmas and this is usually the time that families enjoy a holiday away at the end of a busy year.  Whether it be a local beach getaway or an extravagant overseas holiday, when there has been a separation or divorce and there are children involved, it is important to…

After much speculation about a commencement date, it has now been announced that the Property Occupations Act 2014 will come into force on the 1st December 2014. The introduction of the Property Occupations Act 2014 (‘POA’) is an effort to simplify the often complicated process of residential conveyancing and attempt to reduce the red-tape associated…

Separating parties who come to an agreement about how they will divide their assets post-separation often decide that they do not want to formally document their agreement and instead, have their ‘agreement’ documented in a statutory declaration signed by both parties in front of a witness. Presumably this is often done to save money, however…

Wills are obviously an important part of Estate Planning; however to maximise wealth building, tax minimisation and family protection strategies, a proper Estate Planning review should also involve consideration and review of such matters as:   (a) Life Estates and Asset Structures;   (b) Superannuation structures and nominations;   (c) The legal effect of how…

If you are an existing client of our firm, you would have recently received an important letter in the mail regarding Estate Planning and Wealth Protection. This letter highlighted the importance of obtaining legal advice tailored to your specific circumstances to ensure that your loved ones are protected and your wishes are adhered to after…

A question which is often asked by parties who have separated is whether they can change the locks to the house to stop the other party having access to the property. This is an area not without its complexity as it will depend on numerous factors as to whether one party has the legal right…

There are no hard and fast rules regarding finalising a property settlement immediately after separation, however it is important to remember that the Family Law Act 1975 does impose time limits for the commencement of property settlement proceedings in the Family Law Court or Federal Circuit Court. These include a time limit of 12 months…

Generally, before a deceased person’s final wishes are able to be performed, a procedure known as a Grant of Probate of a Will is required. This is a sealed document that is issued by the Supreme Court Registry which affirms that the executor has proven that the Will is the last valid Will/Codicil of the…

It is trite to say that the advancement in I.T. technologies are rapidly growing and encompassing every aspect of our day to day life. Cloud based technology is becoming the  norm in business operations, and is now often being used to disclose documents in litigious/adversarial matters through such tools as Dropbox.  The recent Queensland Supreme…

The Chief Justice of the Family Court (Federal Circuit Court) John Pascoe, has demanded greater access to information in respect of matters pertaining to family violence. The Chief Justice has highlighted that the Commonwealth/State Privacy legislation, and the lack of resources and funding being granted to the Family Court system is crippling judicial administration, to…

Perhaps you’ve been left out of a Will, or you think that the Will of the deceased is unfair. In Queensland, the Succession Act 1981 (Qld) (‘The Act’), confers rights to specifically defined dependants, (see below) to bring a Family Provision Application. What is a Family Provision Application? A Family Provision Application is an application…

Major changes are set to begin later this year in respect of property transactions in Queensland.  On 7 May 2014, the Queensland Parliament passed The Property Occupations Act 2014 (‘The Act’), which will replace current legislation, The Property Agents and Motor Dealers Act (commonly referred to as ‘PAMDA’). The new Act aims to achieve an…

Our firm has previously highlighted the importance of preparing a Will, however, there are some situations where a standard Will may not be the most effective way to distribute your estate. In matters that involve large estates, a number of beneficiaries, or where the beneficiaries are in risky occupations, testators should consider making a Testamentary…

From the beginning of 2014, the new anti-bullying provisions under the Fair Work Act 2009 (‘FWA’) came into effect in an attempt to stamp out workplace bullying, and although the Fair Work Commission is unable to make compensation or damages orders, it can make a ‘stop-bullying order’ and a contravention of that order can give…

We take the opportunity to remind you all of the serious implications your social media accounts, in particular Facebook, can have on any court proceedings to which you may be a party. The Family Court has shown an increasing inclination in recent months to accept evidence obtained from Facebook when deciding cases about: where/whom the…

Misunderstandings over the obligation to protect people’s privacy can often lead to legal action when businesses make the wrong decision about their use of people’s personal information. The Privacy Act 1988 (Cth) establishes National Privacy Principles that apply to all private sector organisations with an annual turnover of more than $3 million, health service providers,…

In a recent Federal Court case, an employee brought an action for discrimination and sexual harassment against a contractor (who was engaged by her employer and allegedly sexually harassed her), the contractor’s employer and her own employer. When discussing the matter, the Court found that even though the contractor and the applicant were not ‘fellow…

It is quite common for spouses to enter into what is known as a ‘mirror will’, which essentially provides that their estate will go to each other when they die, and when the remaining spouse passes away, it will go to their children. However, what many people don’t realise is if they do not put…

Legislative amendments to the Privacy Act 1988 came into effect last month, and with a focus on changing the ‘negative credit reporting’ system previously implemented in 1991, the legislative amendments have introduced what is known as ‘comprehensive credit reporting’. Prior to the amendments, a copy of your credit report would have shown a list of…

As a consumer, you are covered by a range of basic guarantees when you acquire or purchase goods or services from suppliers, manufacturers or importers within Australia (if they were purchased on or after 1 January 2011). The Australian Consumer Law outlines nine (9) guarantees that apply to goods, including that: they are of acceptable…

Do you need to lodge a Caveat? It is important to understand that when you separate, whether you were married or in a de facto relationship, if there is ‘real property’ involved, such as the marital home or an investment property, then you may need to act quickly to protect your interests in that property if…

Our Gold Coast Lawyers have recently had a large amount of enquiries concerning the rights of employees following dismissal. Our previous publications have discussed employee actions under the Fair Work Act 2009 (‘the Act’), such as unfair dismissal, genuine redundancy and general protections claims, however, there are circumstances where employees cannot bring these actions against…

Do I really need a Will? If you die without a Will, the law dictates who receives your property in accordance with a pre-determined formula. There is no guarantee that your assets will be distributed in the way you would have preferred and in some circumstances your assets can end up being passed onto the…

When purchasing property in Queensland, unless you are eligible to obtain a first home concession (and the purchase price of the property is less than $550,000.00 for an existing property or $400,000.00 for vacant land) there will be Stamp Duty payable on the purchase of the property. Often, purchasers can overlook the inclusion of their…

A Binding Financial Agreement (‘BFA’) can be used by parties to reflect their agreement in respect of the division of property and assets in the event of a future separation.  There are strict requirements laid out in the Family Law Act 1975 (‘FLA’) which must be met for the BFA to comply with the Act…

It is important to remember that families come in many different shapes and sizes, and while Christmas should be a happy time where a family spends quality time with each other, where parents are separated or have recently separated, it could be a time of disappointment, confusion and loneliness. As adults, it is the parent’s…

A recent decision by the Fair Work Commission has reinforced the oft-repeated warning – that private use of social media can adversely affect your employment. In this case, the Applicant had been employed by a company on a full-time basis, but was operating his own company on the side. The Applicant sent a mass email…

The applicant filed an application with the Court, which amongst other things, sought a declaration of the existence of a ‘de facto’ relationship with the respondent between September 1992 and 18 February 2010. The respondent denied that a defacto relationship existed, and if in fact it was found that it had existed, he argued that the relationship…

On the 6th of December 2012 the Workplace Gender Equality Act received royal assent, and will be phased in over the coming two years. Gender equality reporting requirements will undergo significant changes as a result of the Act for large private sector employers who have over 100 employees. The requirement for employer’s to develop equal…

Last week the Queensland Court of Appeal confirmed that a contract was able to be terminated on the grounds that a covering letter sent by the seller’s solicitor did not properly direct the buyer’s attention to the 30C Warning Statement, Contract of Sale and Information Statement. Following execution of the contract, the seller’s solicitor returned…

Mother –v- Non-Parent Interestingly, in the recent decision in the case of Withall, Richardson and Powles, where the matter at hand was determining with whom the children should live, Walters J ordered that the children live with Ms Powles, the father’s former de facto partner, instead of their mother. His Honour discussed the weight that…

Parental Leave From 29 December 2013, parents will be entitled to take concurrent parental leave of 8 weeks, a large increase from the previous entitlement of 3 weeks. Furthermore, any employee’s entitlement to unpaid parental leave will not be reduced by any amount of unpaid special maternity leave taken by an eligible employee. Flexible Working…

A recent introduction in Queensland Parliament allows specifically selected and trained Justice of the Peace (Qualified) to sit as adjudicator as make orders in relation to minor civil dispute matters in the Queensland Civil and Administrative Tribunal (QCAT) up to $5,000.00. The pilot program, which has been enacted under the auspices of the Queensland Civil…

Queenslanders are expected to enjoy the benefits of new technology when it comes to buying or selling property, with the introduction of the new national electronic conveyancing system expected to be in operation later this year. The Electronic Conveyancing National Law (Queensland) Bill 2012 will permit solicitors to electronically sign documents on their client’s behalf,…

A concerning issue which has been highlighted in the media recently is the fraudulent use of Enduring Power of Attorney’s or ‘EPA’s’, with a shocking statistic that at least one EPA a week is being revoked by courts or tribunals after being presented with evidence of significant fraud. An ‘Enduring Power of Attorney’, or ‘EPA’…

An interesting appeal case which recently came before the High Court in relation to whether the restriction on the purchase and possession of alcohol in Northern Queensland communities was in breach of racial discrimination laws, was dismissed last week. The appellant, an indigenous Queensland resident, Joan Maloney, argued that the present laws which restrict residents…

In an effort to ensure that the benefits applicable to both employees or independent contractors under the Worker’s Compensation and Rehabilitation Act 2003 are clear and easy to understand, from 1 July 2013, the present definition of ‘worker’ under the Worker’s Compensation and Rehabilitation Act 2003 will be amended to define a ‘worker’ as ‘a…

If you are considering entering into a Retail shop lease in Queensland, it is important that you obtain professional legal advice to ensure your rights are protected, and that you understand the nature of a retail shop lease and your obligations under the lease. Retail shop leases in Queensland must comply with minimum standards which…

Probate is an official document obtained from the Supreme Court as recognition that the Will of a deceased person is legally valid. Probate need not be obtained in all estate matters, however, there are particular circumstances where a grant of probate may be required, such as when the executor is required to distribute proceeds of…

Often after separation when parties are determining their property pool and deciding how the pool may be distributed between the parties, they do not realise that their superannuation interests are classed as ‘property’, and form a part of the parties’ property pool which can be available for distribution. In this article we will provide you…

Recently our local Gold Coast Lawyers have noticed a significant increase in the rise of Fair Work disputes and specifically, general protection claims. Likely an effect of the unstable economy a general protection claim can be a costly claim against an employer commonly brought following dismissal of an employee. Under the Fair Work Act 2009…