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Law Articles

Co-Ownership of Property: Navigating a Shared Property Purchase
Co-Ownership of Property: Navigating a Shared Property Purchase
By Nanae Yoshiwara, Senior Associate Co-ownership is a popular method for acquiring property, especially among partners, family members or investors, but it’s essential to recognise the potential complications and legal implications that may arise under the Property Law Act 2023 (Qld) and the avenues available to resolve issues. Types of Co-Ownership The law recognises two […]
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A Death Occurs During a Contract – What Happens Now?
A Death Occurs During a Contract – What Happens Now?
What happens to contracts when one of the parties passes away before its completion?  In simple terms it depends on what the contract is for and what it says.  Practically however, the implications are not straightforward. To start we must first ask if there is a definite contract in place.  If an offer to enter […]
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Share and Unit Sale Agreements
Share and Unit Sale Agreements
If you are looking to purchase or sell a business, a very important consideration is whether to structure the purchase as an asset purchase or a share purchase. An asset purchase involves the purchase of some or all of the assets owned by the seller and used in carrying on the business. Assets may include fixed assets, […]
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Smart Questions to Ask Before you Buy Management Rights
Smart Questions to Ask Before you Buy Management Rights
Before you decide to buy management rights, it is important that you seek legal advice in relation to the documentation. You are purchasing the rights contained in contracts with the body corporate . These contracts are not standardised and the differences between each can be complex. Some smart questions to ask before you buy management […]
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Caretaking and Letting Agreements
Caretaking and Letting Agreements
Thinking about buying management rights? You need to understand your responsibilities to the body corporate, especially when maintaining common property. Then there are payments. Who will pay you and how? When you have management rights, you will most likely need to care for the upkeep of common property which may be lawns, gardens, paths and […]
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What are Management Rights?
What are Management Rights?
Management rights are business concerned with maintenance and management of community title complexes within a body corporate. It is the product of the demographic shift to apartment living. State governments have passed specific legislation which governs the maintenance and administration of apartment and townhouse complexes. An apartment or townhouse complex comprises: How do Management Rights […]
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Retirement Village Contracts
Retirement Village Contracts
Are you or a loved one are looking at moving into a retirement village? While it may seem like a straightforward process, the documentation is complex, and the process can be confusing. Retirement village transactions are covered by multiple pieces of complicated legislation.  As a result, the documentation is lengthy and complex. It is important before […]
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Can Your Body Corporate Stop You From Letting on Airbnb?
Can Your Body Corporate Stop You From Letting on Airbnb?
Currently there are around 160,000 Airbnb listings in Australia.  Online letting services have grown rapidly in recent years. Airbnb works by ‘hosts’ creating a free listing and promoting their property, and themselves, with detailed descriptions and photographs. They decide what they will charge – a nightly, weekly or monthly rate. Guests search the listings for accommodation […]
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Statutory Wills Explained
Statutory Wills Explained
If you hold an enduring power of attorney for someone who has dementia and/or has lost the capacity to make decisions about their financial affairs then you may be able to make such decisions on their behalf, however, you will not be able to make or change their Will. You, or a close family member […]
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What is a Social Media Will?
What is a Social Media Will?
If you have made a valid Will, then when you die your assets will be distributed in accordance with that Will and the process of getting in and distributing those assets will be managed by the executors appointed under that Will. The estate to be managed by your executors includes all of your property, including […]
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