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Protect yourself at all times
The year 2011 will be remembered for natural disasters – Brisbane floods, North Queensland Cyclones, Christchurch earthquake and the Japanese tsunami.
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Property and Prosperity
Property prices and dining experiences have replaced sex and the footy as primary topics of conversation in urban Australia. Choosing the wrong restaurant is a mistake, poor property decisions can spell disaster.
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Property on the Line
Leading Gold Coast solicitor Simon Bennett looks at the impact of the rapid transit light rail project on landowners and bodies corporate.
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All in the family
Let the tax man pay for your children’s and grandchildren’s education. Ever wondered how you could save tens of thousands of dollars on your children’s or grandchildren’s private education? Well the answer is quite simple, completely legal, and better still the tax man pays it for you! The tax savings are achieved through a Testamentary […]
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Will Kit
Do-it-yourself Will Kit – What you use before they come to see the lawyers to fix everything up… Most of us work tirelessly over 30 or 40 years to accumulate our wealth with the intention that we pass that wealth on to the next generation after our death. In the interest of saving a few […]
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Be The Boss
Check before you become the boss and sign the cheques. So you want to be the boss and control your destiny? Owning your own business is not a simple task and with regulation and rules on top of the difficult financial climate you must be sure that all your ducks are in a row. From […]
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Managing Superannuation
As world markets continue to melt down and share markets plunge concerns about superannuation fund losses escalate. Superannuation was designed as a savings plan for workers. The goal was to create an investment fund with capital growth to draw on during retirement. Many people are disappointed in the performance of superannuation funds. Gold Coast solicitor […]
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Taxman Pays For Education
Save thousands of dollars on private education with savvy estate planning You can take advantage of legal tax benefits and save on education costs with a trust. That statement comes from O’Keefe Mahoney Bennett estate planning manager Richard Dawson who says trusts are established in a will and funded by assets of a deceased estate or […]
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Planning Helps When Disaster Strikes
Australia has suffered a number of natural disasters and health scares recently. Forward planning can minimise impact on individuals and business.
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Body Corporate Feuds
Body corporate disputes are nothing new but Juliette Nairn from OMB Solicitors has the ability to steer you through what can be a minefield of litigation. Are you frustrated by your Body Corporate neighbour’s failing to pay their contributions, leaving you to pick up the difference? The good news is you can take steps to […]
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Know Where to Stand
Are you ready for your Body Corporate Levies to change again? The calculation of who pays what levies in a body corporate has been contentious for some time. The major reason for this is that the Legislation has changed a number of times. It all started in 2003 when the then Labor Queensland Government introduced […]
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Courts, Cost & Considerations
An experienced solicitor offers viable solutions in the face of legal action. Leading Gold Coast lawyer Simon Bennett says courts are often described as casinos for the rich. “Most people think only large companies and wealthy individuals can afford the cost of litigation and there is some truth in this,” he says. “When civil and business matters […]
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Happily Ever After
The urban myth lives on despite the reality of separation, divorce and bitter wrangles. An ever increasing number of marriages fail to fulfil the happily ever after expectations most people dream of. Gold Coast lawyer Simon Bennett says it is wise to set romance aside and enter into marriage with a degree of protection. “Few people would enter […]
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Ladies Protect Your Assets
Women who have gone through a separation or divorce will be the first to tell you that the process is daunting, expensive, lengthy and exhausting. You work hard, build your wealth, meet “Mr Right” and fall head over heels into a relationship, only to realise some years later that “Mr Right” was not all you expected. Suddenly, […]
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Putting a Price On Pain & Suffering
Recent reform to awards for pain and suffering for those who have suffered a workplace injury brings the Workers Compensation & Rehabilitation Act into line with the damages available under the Civil Liability Act for motor vehicle and other accidents, thereby creating a more uniform compensation scheme in Queensland. Serious injury invariably leads to loss of income […]
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Mortgage Mayhem
Higher interest and a cooling financial climate can cause havoc for unprotected borrowers and lenders.
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Don’t Get Lost in the Shuffle
Volcanic ash created an international debacle as people were stranded far from home; it highlights the need for a back up plan Life does not always go to plan but most people are unprepared for the unexpected according to Gold Coast solicitor Simon Bennett. Simon says responsible people prepare for all eventualities. “Life is unpredictable, we must […]
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Wills – The Unavoidable Topic
It’s human nature to refuse to accept the obvious – nothing is more certain than death and taxes. Making a Will isn’t morbid – it is the only way to protect hard earned assets. Most people wouldn’t leave their car door open with a wallet displayed on the front seat. Few people leave their homes […]
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The Two Most Important Things to Do Before Heading Overseas
If you’re like most Australians contemplating a trip overseas, it’s likely you’re going to forget to take care of 2 fundamentally important things, that if not addressed can have a catastrophic impact upon your family. In this video, Gold Coast Lawyers at OMB Solicitors, Steve Mahoney lets you know what they are and what to […]
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The Importance of Open Communication within Body Corporate Committees
I always find it interesting when I attend a budget committee meeting and the committee expresses to me their disappointment ….
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When Mediation Fails and an Agreement Cannot be Reached
When alternative dispute resolution processes do not resolve the property or parenting issues in dispute with your ex-partner (taking into account that these processes require the co-operation of your ex-partner) you will need the assistance of the Family Court or Federal Circuit Court process to resolve your matter. Are there time limits? Unless you bring […]
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What Happens When the Honeymoon is Over?
As with most relationships when parties initially form that relationship be it personal or business the relationship is in what is often phrased “the honeymoon phase”…
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Protecting My Interests in Property
A Caveat is a legal document registered on the Title of a property which generally prevents dealings with that property without the lodger’s consent. Once registered on Title, it acts as a warning or formal notice to advise the public that someone (the Lodger) has an interest in the land or property. The most common […]
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Will Shock: Could an unsent text message be a valid will?
In Queensland, a valid will is written and signed by either the person making the will (the Testator) or directed by the Testator in their presence. The testator must sign or acknowledge the signature in the presence of two or more witnesses and the Testator must sign with the intention of executing the will. The […]
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A Ten Point Strategy to Make Sure Your Estate Planning is Up to Date
It’s one of those things that we all know we should do – but we don’t necessarily want to do it. As adults we’re all aware that it’s important to have a will – and other measures – in place to ensure that our affairs are handled properly if something horrible were to happen. So […]
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The Roles and Responsibilities of Body Corporate Members
There is little doubt that both the role and responsibilities of body corporate members can be onerous. In this video, Gold Coast Lawyers at OMB Solicitors’ Tom Robinson discusses those characteristics and in particular, why if you are given the opportunity of becoming a member, you should consider it.
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Nuisance Communication – Rights of Body Corporate
Ten phone calls, fifty voice messages and a disgruntled lot owner who wants answers yesterday – there is always one. But when does it constitute a nuisance communication and what can you do about it? Let’s face it, whether your neighbor’s TV is turned up to the max, the teenager next door is hosting a […]
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What Can I do if I Have Been Left Out of a Will?
If you have been excluded from a Will, it probably seems like a slap in the face. You may be feeling hurt and angry – especially if the person who passed away was a parent or another close relative. As a result, you may be wondering if there’s anything you can do. In Queensland, the […]
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How to Get a Divorce in Australia
There’s no doubt about it. Ending a relationship is never easy. But in Australia, ending a marriage is relatively simple – at least in the eyes of the law. This is because, unlike the divorce process in the United States, divorce in Australia doesn’t address some of the most emotionally volatile issues such as child […]
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What Happens to a Business in a Family Law Dispute?
Introduction In family law property settlement proceedings all assets and liabilities of each party, (whether they are owned jointly or separately) are combined to form what is commonly known as the “matrimonial property pool.” This pool of assets and liabilities is then subject to scrutinization and possible division by the Court upon separation. A business […]
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Post-Separation Assets – Who Gets What?
Who gets what will depend on the facts Australian statistics show that one third of relationships end in separation or divorce. The growing breakdown of relationships caused by divorce or separation has allowed for the distortion and generalisation of what is perceived to be ‘Who Owns What’ in a property settlement. The reason for the […]
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Statutory Wills: Making A Will For Person Who Lacks Capacity
Let’s face it, as responsible adults there are certain things we simply have to do whether we like it or not. We have to work. We have to pay bills. We have to pay taxes. We have to plan and save for retirement. And at some point, we have to put our affairs in order. […]
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Spousal Maintenance Frequently Asked Questions
Even in a best-case scenario – one in which you and your partner have decided to end the marriage on amicable terms – questions may arise about your legal rights and obligations. For example, you may both have questions and concerns about spousal maintenance. Specifically, you may be wondering if either of you is eligible […]
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Divorce & Separation in Australia: Who Gets What in Settlements?
For Australians going through divorce and separation, there are plenty of advantages of living in the ‘Information Age’. Now it is easier than ever before to access the court forms and other material you may need. This makes it possible to do more on your own, so you may save money on legal costs. There […]
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Your Business Your Dream
Buying or selling a business can be a stressful time. Your business is often your dream and the motivation and income source for your family. But the process of buying or selling a business can be difficult and requires expert assistance. Step One Investigate the business that you are thinking of buying. Do your due […]
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New Changes To The Family Law Court System
Clarifying Binding Death Nominations in Superannuation Re Narumon Pty Ltd [2018] QSC 185 A recent decision in the Queensland Supreme Court, Narumon, emphasizes the importance of a valid Binding Death Benefit Nomination (BDBN) within superannuation funds and clarified whether an attorney has the ability to renew BDBN’s. Summary: In Narumon, the deceased (Mr. Giles) was […]
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Duty of Disclosure in Family Law Matters
Sometimes you simply must tell the truth, the whole truth and nothing but the truth. A lie by omission – something you do not mention when you should – is still a lie. Australian law dictates that people seeking resolution of certain issues related to separation or divorce must make certain information available to each […]
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Am I in a De Facto Relationship or Not?
Bob and Betty have both had terrible experiences in property settlement matters with their prior spouses. They are now in their 50’s and have been ‘going out’ for about 8 years. They have both sworn that they will never get involved in a de facto relationship or marriage again! The facts Bob and Betty do […]
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What Happens in a Property Settlement Conference?
One of the first things to become clear when you are going through separation and divorce is that there is a lot of confusing legal jargon. There are technical terms about the property, financial and even parenting matters that inevitably surface as your relationship officially ends. For example, you may have heard of a ‘Conciliation […]
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How Do I Apply for a Divorce?
Divorces can be an emotionally tough time for both partners, as well as affected third parties such as children, parents, in-laws and even friends. Unfortunately, divorces can also be a lengthy and tiring process. Eligibility for divorce Before a spouse can apply for a divorce, there are specific eligibility requirements that must be met. Either […]
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Benefits of Mediation
Litigation can be inherently uncertain, time consuming and expensive. This is fundamentally why the majority of disputes that come across our desk are resolved out of court. Parties are encouraged to participate in Alternative Dispute Resolution (“ADR“) in all jurisdictions in Australia. However, the type of ADR process used will differ depending on the nature […]
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The Importance of an Up To Date Enduring Power Of Attorney
What happens if you are outside the country and you need someone to urgently act on your behalf, or are incapacitated and unable to make decisions for yourself? An Enduring Power of Attorney (EPOA) is the legal document which appoints someone (known as your Attorney) to make these decisions on your behalf. An EPOA can […]
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Are You Covered if Your Airbnb Guests Injures Themselves?
This is the first question that you should ask yourself if you are considering renting your property on Airbnb. Are you renting your whole house or unit on Airbnb or perhaps just renting out a room? Have you got the right cover? What will happen if one of your guests injures themselves or worse still, […]
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We’ve Come to an Agreement in Relation to Our Property Settlement. What Do We Do Now?
Firstly, give yourself a pat on the back! It is great that you have reached agreement, as you will save the considerable legal costs involved in arguing over who gets what and ending up in court. Once an agreement has been reached between you as to how you wish to divide your assets and liabilities […]
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The Pitfalls of Buying a Property with the Objective of Redeveloping it
When entering into any contract for the purchase of property, it is important to ensure that all bases are covered and both parties know what is expected from them. When purchasing a property for redevelopment, there are a few extra steps that buyers should take to ensure they are aware of how they can deal […]
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The Importance of Sole Company Directors having a Will
As adults, most of us are probably aware that dying intestate (without a valid will) can complicate matters for our families and loved ones. But did you know that dying without a will can also complicate things when it comes to your business matters? It’s true, especially if you are the sole director and shareholder […]
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5 Property Buying Tips You Need to Know
On a list of stressful life experiences, buying a property consistently ranks near the top. And with good reason. It is a huge financial commitment. Luckily, there are a few simple ways to make the process a little bit easier. Here are five property buying tips that can help reduce the stress of the experience. […]
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One of the Most Important Things You Need to Do Following Marriage or Divorce / Separation
The Effect of Marriage on your Will Marriage is a time of joy and commitment. However, by saying the words “I do”, you are also inadvertently saying the words “I do hereby revoke my Will“. For those who are preparing vows to be together until “death do us part”, you do need to think about […]
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The Most Commonly Asked Questions Regarding Parenting Rights Post Separation
It’s 8:40 AM on the first Monday morning back at work for me after the Christmas New Year break. Whilst I stare at the 2000+ emails requiring my urgent attention, I receive a phone call. I say to the receptionist ‘can you please take a message and I’ll get back to them later’. She tells […]
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What You Need to Know About the New Cladding Laws in Queensland
In 2018 this resulted in the Building and Other Legislation (Cladding) Amendment Regulation 2018 (Qld) coming into effect on 1 October 2018. The legislation and it’s operation is a data collection strategy which will recognise and evaluate the risks involved with cladding products on privately owned buildings in the state of Queensland. There are a number of […]
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Can I Still Do a Property Settlement in a Short Relationship?
It’s an unfortunate fact of life that many relationships don’t last. And when a couple splits up, there are difficult questions around how assets that were part of the marriage or de facto relationship are to be divided. This situation is often made more difficult when there is a property settlement to be decided after […]
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Four Tips to Prepare for Family Law Mediation
The cost, complexity and confrontation involved in going to court after the break up of a family unit is something most people would really like to avoid. The whole process can add another level of trauma and stress on everyone involved, particularly children. The courts, as well, are struggling under the weight of the number […]
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What are the Risks of Becoming a Franchisee?
Many people have a desire to start their own business, chasing the dream of independence, control of their own destiny and, hopefully, riches. But for many the risks associated with launching a new business are too great. This is where running a business as a franchisee is often seen as a viable alternative. By operating […]
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Five Top Tips You Need to Know Before Renovating Your Unit or Townhouse
Living in a Body Corporate is unlike owning your own freehold land. As a member of a Body Corporate you are required to follow the rules and regulations applying to your Scheme. Consequently, any maintenance or improvements you wish to make to your unit or townhouse ought to be well thought out and planned to […]
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Can I Do a Video Will?
Smartphones have put a video camera in the pocket of nearly every person you see, with widespread and profound impacts for various sections of society, including security, surveillance and in particular, the law. In recent years the prevalence of mobile recording has resulted in a number of court cases debating whether a ‘video will’ made […]
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10 Ways to Improve Your Debt Recovery Process
One of the most frustrating aspects of running a business is not being paid on time for the goods and services you provide. Customers who don’t pay on time eventually cost your business time and money in chasing them to settle their bill, not to mention the impact on your cashflow. While businesses in this […]
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Are You Legally Protected from Bushfires?
This month Bushfires are raging across Queensland and destroying lives, homes and valuable properties along the way. The current situation across both Queensland and New South West is dire, with 50 bushfires burning in Queensland and 60 burning in NSW. At least three people have lost their lives to the fires and many others missing […]
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What Effect Does Domestic Violence Have on a Property Settlement
As police, advocates, social workers, and mental health professionals all can attest, domestic violence takes a tremendous toll on victims. In addition to lasting physical and emotional scars, it often creates financial hardship as well. In some cases, this is because the physical injuries inflicted by perpetrators render the victim incapable of working or unwilling […]
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Enduring Power of Attorney: The Difference Between Appointing an Attorney ‘Severally’ Versus ‘Jointly’ in Queensland
When people come to plan out their affairs for the later stages of their life, they are generally encouraged to nominate an enduring power of attorney. This is a legal document used to appoint a person to make important decisions about their property and/or financial affairs should they lose capacity to do so on their […]
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Your First Family Law Appointment
One of the most challenging — and rewarding — aspects of practicing family law is helping clients through some of the most challenging times of their lives. More often than not, they are going through separation and/or divorce, and need help with financial or parenting matters. In some cases, they are seeking legal advice about […]
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Defamation in Strata. What You Need to Know
Anyone who has had dealings with strata management and bodies corporate will know that in worst-case scenarios, they can become minefields of petty politicking and administrative overkill. Often, relations between managers and owners/tenants can become so acrimonious as to lead to legal action between the parties, as a number of high-profile court cases demonstrate. The […]
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Short Term Letting – Body Corporate
The advent of short-term stay platforms such as Airbnb and Stayz have been a boon both for those looking for extra accommodation options in popular locations and those looking to make some extra income from letting out a spare room or granny flat in their residence, or their entire property. But this evolution of the […]
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Force Majeure: How does an ‘Act of God’ Clause Affect Your Contract
On 30 January 2020, the Director General of the World Health Organisation declared the novel coronavirus COVID-19 (“Coronavirus”) outbreak around the world a “public health emergency of international concern”. We recognise in this difficult time, many of us may be also concerned with our ongoing contractual obligations and how the unforeseeable event of Coronavirus may […]
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News for Bodies Corporate (QLD) Regarding COVID-19 and Levy Recovery
Frequently Asked Questions About Levies & the Impact of COVID-19 The Queensland Government recently reported that “Bodies Corporate and their committees have a statutory obligation to act reasonably”, which includes balancing the statutory obligations of a Body Corporate with the rights of owners and occupiers (and the broader community). As the uncertainty surrounding COVID-19’s impact […]
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COVID-19 Rent Relief
As you are all aware, we are all anxiously awaiting the announcement of the Government’s rent relief package which is expected as part of the third stimulus package, as a result of the COVID-19 crisis. We understand that tenants are now coming forward requesting rental relief in the form of reduced rental and/or no rental […]
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News for Owners Corporations (NSW) Regarding COVID-19 and Levy Recovery.
Frequently Asked Questions About Levies & the Impact of COVID-19 Owners Corporations are challenged with balancing its statutory obligations with the rights of owners and occupiers (and the broader community) during this unfortunate pandemic. As the uncertainty surrounding COVID-19’s impact on the nation, and the world, continues OMB Solicitors Gold Coast address three frequently asked […]
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How Landlords Should Respond to COVID-19
We understand that being a Landlord at the moment is an extremely difficult time. We all await further clarification from the Federal Government as to what incentives, if any, will be offered to Commercial Landlords to assist with concessions that may need to be made with their Tenants. Some Australian Banks have announced they will […]
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News Alert: COVID & Landlords of Commercial & Retail Premises
Landlord and Tenants on Commercial, Industrial and Retail Premises As promised, here is the latest update on the evolving situation with Landlord and Tenants on Commercial, Industrial and Retail Premises. The Prime Minister has announced this afternoon that the National Cabinet has met and has made some decisions around this space, which we have all […]
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COVID-19 – Closing of Common Property Facilities
A number of lot owners have been asking “are my levies going to be reduced/discounted if the committee closes the gym”? This question stems from the Government’s decision to close the use of recreation facilities in the public. So what about a body corporate? This article focuses on the operation of common property facilities during […]
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Family Law and COVID-19. Your Questions Answered
Confusion, concern and worry about your Family Law issues in these Covid-19 pandemic times is understandable. Abbi Golightly an accredited specialist in Family Law and partner at OMB Solicitors offers some guidance with her COVID Q & A. Are the Court’s still open? Yes, however procedures have been put in place conducting hearings mostly by […]
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How to Respond to Lot Owner Questions about Levies
Can the body corporate change the levies? While a committee is responsible for day-to-day management of the body corporate (within its expenditure limits), the legislation does not allow a committee to change the budgets set by lot owners at an annual general meeting. Can we adjust the budgets? A body corporate can approve the adjustment […]
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The Covid-19 List: How to have Your Matter Listed Urgently During the Covid-19 Pandemic
The latest practice direction from the Family Law Courts (the Family Court of Australia and the Federal Circuit Court of Australia) provides the “how, what, when and where” of the new Covid-19 List established to assist separated families in the Covid-19 Pandemic. The full practice direction can be found here. The Court has set out […]
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What Not to Do in a Parenting Dispute
Whilst there is no one fits all strategy in a parenting dispute, there are some pretty safe rules or tips I give my clients when advising them on how to ensure their outcome – negotiated (preferably) or litigated – is something that reflects the best interests of the children. So, here’s my parenting matters “do […]
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Breaking News: Retail Shop Leases and Other Commercial Leases (COVID-19) Regulation
BREAKING NEWS: New Regulation Just Released The Queensland Government has released the regulations to accompany the Legislation which was enacted on 23 April 2020 dealing with retail and other commercial leases and the Covid-19 pandemic. Unfortunately, the entire process has taken some considerable time from when the Prime Minister and the National Cabinet initially announced […]
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Communication Extremes, Social Media Campaigns and Family Law Proceedings
How being involved in extreme social media campaigns can affect the Court’s perception of a parent’s insight and child focus. Judge Neville of the Federal Circuit Court of Australia in Caddell & Taggard [2020] FCCA 872 (published 1 June 2020) coined a number of colloquial phrases from popular culture and history in a recent judgement […]
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Everything You Need to Know About Family Reports
Know About Family Reports When you and the other parent of your child or children, cannot reach an agreement on the living arrangements for your children after separation, and you have exhausted all avenues of dispute resolution, as a place of last resort, litigation can be commenced. How though, when a Court is faced with […]
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Resolution – All you need is the will and wherewithal
In my frequent review of recent Family Law decisions of the Family Law Courts (Federal Circuit Court and Family Court of Australia) I stumbled across a first instance decision of Judge Neville of the Federal Circuit Court of Australia sitting in Canberra. It was interesting more for it’s discussion of three broad issues, rather than […]
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Covid-19 and Binding Child Support Agreements – When Binding simply cannot be Binding
When parents seek to formalize their child support matters, it is becoming increasingly common for them to have certainty and security in that regard and for this reason, Binding Child Support Agreements are sometimes considered an agreement of choice. A Binding Child Support Agreement enables parents to effectively oust the jurisdiction of the Child Support […]
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Protecting a child through a “No Time and No Communication Order”
Extreme behaviour resulting in extreme orders The Family Law Act states clearly that a child has a right to know and have a relationship with each of their parents. However, there are some circumstances within which having that relationship will cause a child more harm than good. That harm can be emotional, physical, sexual, or […]
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What is the Lighthouse Project?
In August 2020, the Family Law Courts (the Family Court and Federal Circuit Court) launched The Lighthouse Project, being piloted through a handful of Registries, of which Brisbane is one. It is the Court’s recognition that the intersection between Family Violence and the Family Law system is complex and requires specific and detailed attention. The […]
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What is the Family Law PPP500 List?
In response to concerns about delays in the Family Court system, particularly for matters with a small asset pool, the Federal Circuit Court has developed the Family Law Priority Property Pool 500 List (PPP500). It is a specialist list designed for matters where the net assets of the parties including superannuation is or is likely […]
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Impact of COVID-19 on Body Corporate Levy Recovery
COVID-19 has had a significant financial impact on individuals, businesses and Bodies Corporate alike. As a result, the Queensland Government passed the Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act (“Amendment Act”) which amended the Body Corporate and Community Management Act 1997 (“BCCMA”) to assist individuals that have been financially affected and in turn […]
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Why you need Independent Legal Advice on Binding Financial Agreements
“I have a simple agreement, I just need it witnessed”. If I had a dollar for every time I had heard that in the years since Binding Financial Agreements became part of the Family Law landscape in Australia. One of the major protective measures for family law litigants proposing to sign a Binding Financial Agreement is the requirement […]
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What COVID-19 Bankruptcy Relief Measures Mean for Creditors
What COVID-19 Bankruptcy Relief Measures Mean for Creditors The global COVID-19 pandemic has plunged Australia into what some commentators have described as the worst recession since the Great Depression of 1929. The disease’s disruption to our economy has been severe and is expected to be prolonged. The impact has already been obvious on the revenues […]
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What is involved in making a claim for compensation following a motor vehicle accident?
Motor vehicle accidents can often lead to confusing and stressful times. They are occurrences people often do not consider until they themselves are involved in an accident. If you are involved in a motor vehicle accident, you should be aware of the initial processes which will be involved should you make a claim for compensation. […]
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3 Things to Know if You are Involved in a Motor Vehicle Accident
Involvement in a motor vehicle accident is something we all drive to avoid. Motor vehicle accidents can not only cause serious injury to yourself or your passengers but from the moment of impact may also create unplanned and unwanted stress and costs. If you are involved in a motor vehicle accident, there are 3 important […]
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Helpful Holiday Hints for Separated Families
“It’s the most wonderful time of the year….” Or so the Christmas song goes. But statistically, this is not always the case for families under stress. The period immediately preceding Christmas and post-Christmas often causes such stress that pre-existing problems are brought to the surface and relationships often end. The desire for a fresh start […]
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A Person’s Best Friend – their Pet!
The “war” regarding pets within bodies corporate has been seething for a long period of time. This “war” continues as a result of a recent case in NSW. I am not going to bore you with the details of Cooper’s case1 as they have been widely reported and commented on in other forums2. If you […]
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From Fault to Fault-Free – Australia’s Non-fault Family Law System
The focus of articles such as those in the Courier Mail regarding the separation of Wally and Jackie Lewis draws attention to factors that have long been replaced in the Family Law system – see Wally Lewis: Secret betrayal that tore Lewis family apart | The Courier Mail. References to alleged affairs of long or […]
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9 Reasons why you should get Legal Advice if you Suffer an Injury in a Public Place
If you have suffered an injury whilst out and about and are considering your options and what to do next, here are 9 reasons why you should consider seeking legal advice to assist you in seeking compensation: It is not as simple as simply taking someone to court In Queensland, the legal process which may […]
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COVID-19 and the Effect on Workers Compensation and Personal Injury Litigation
Covid-19 has had a significant effect on our global situation and the way in which we are required to adapt to what is now considered a new normal way of life. Specifically, in the legal sphere of workers compensation and personal injury litigation; employers, insurers and lawyers are faced with the challenge of arranging independent […]
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Every Dog has its Day – Dogs, Definitions and Decisions on Shared Care
In 2021 Australia, pets are without doubt an integral part of the majority of families. With the decision to defer having children until later in life or not at all, couples after separation are often faced with the decision about who gets “custody” of the dog (or cat or both!). If parties can reach a […]
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Family Law Court’s Merger – Important Things to Know
Whilst the majority of the legal profession was and remains staunchly opposed to the merger of the Family Court and Federal Circuit Court, the reality is that it will be upon us soon and we must adjust to the new systems in place. It is important also that our clients know the changes that are […]
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No-Fault Compensation Scheme
Since COVID-19 vaccination conspiracy theories have flooded social media, political campaigns and patient advocacy groups, one question remains unanswered and that is, who is liable in the event one develops adverse side-effects from the vaccine? Australia has a long-standing compulsion for systematic and routine vaccines that are at times a legislative requirement. These include, ‘No […]
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Dealing with Building Defects and Strata Insurance Claims
The sudden collapse of a Miami apartment block on June 24, killing more than 98 people, made headlines around the world and focused attention on the horrific consequences of unaddressed building defects. Initial findings on the collapse of the Champlain Towers South in the Florida suburb of Surfside suggest long-term degradation of reinforced concrete supports […]
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On a Scale of One to Ten (Years): The appointment of a building manager in a NSW Strata Scheme
The Appointment Of A Building Manager In A Strata Scheme In a year dominated by COVID-19, vaccines and lockdowns, do not be surprised if you missed an equally significant headline from New South Wales’ highest court – the appointment of a building manager in a strata scheme! When the Strata Schemes Management Act 1996 (NSW) […]
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Changes for employers in FY22-23
Things are changing for employers starting July 2022. The minimum wages under the National Minimum Wage and under most awards have increased.
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Sound the Alarm: New Fire and Smoke Alarm Laws for Queensland Dwellings
While Queensland Summers are synonymous with beach cricket and barbeques, the warmer weather also brings with it one of the less attractive features of living in a tropical climate… fires. Before COVID-19 changed the meaning of “hot spots”, the Queensland Government amended the Fire and Emergency Services Act 1990 (Qld) by introducing additional obligations on […]
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Balconies and Balustrades…the bane of a body corporate?
The Bane of a Body Corporate When driving up and down the Gold Coast Highway, you would be remiss to overlook the many towering high-rise buildings that sprawl the coastline. What may be less discernible, however, is the balconies that extend from these buildings – and which provide a vantage point for owners and occupiers […]
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Locating your Spouse in Family Law Proceedings: What do you do when you don’t know what to do or where to go?
Recently, Olivia Wilde was in a midst of a press conference when suddenly, on stage, someone appeared with an envelope. They approached her and handed her documents. And with an instant, that person highlighted exactly the wrong way to go about serving your former partner with notice of upcoming Court proceedings. Now whether Jason Sudeikis […]
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