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Mahoneys aims to keep our clients up-to-date with the latest in legal information.

  • 23-Mar-2017 / Posted by Antony Harrison

    Buyer beware: the definition of a 'foreign person' goes further than we think for duty and land tax purposes

    by Antony Harrison - partner You may have heard that some states in Australia have introduced a duty and/or land tax surcharge for foreign persons buying residential land. What do we mean by residential land? Residential land is defined differently in most states. In Queensland ..
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  • 19-Dec-2016 / Posted by John Mahoney

    What have I bought?

    by John Mahoney - Partner I was recently asked to speak at a function where the attendees were predominantly resident managers who had purchased their businesses in the past 1 to 3 years. We at Mahoneys know from the amount of dispute resolution matters we are handling for such managers..
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  • 19-Dec-2016 / Posted by John Mahoney

    I want my top up

    by John Mahoney - Partner Top ups, the process by which the term of management rights agreements are extended, is an essential component of the management rights industry and why these businesses command a significantly higher value than most other businesses. It is the expectation that the ..
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  • 19-Dec-2016 / Posted by Matthew Manz

    The importance of letting appointments

    by Matthew Manz, Partner A letting appointment is a manager’s contract with an owner. That contract authorises a manager to let an owner’s lot. If there is no valid contract in place, or the manager is charging fees that aren’t noted in the contract, then the manager has a problem. That pro..
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  • 13-Oct-2016 / Posted by Ben Seccombe

    Bodies Corporate and the obligation to act reasonably

    by Ben Seccombe - Partner & co written by Max Walker The concept of ‘reasonableness’ and what amounts to acting ‘reasonably’ are questions that often vex bodies corporate, committees and lot owners. This week the High Court handed down its judgment in the matter of Ainsworth & ..
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  • 29-Sep-2016 / Posted by Mitchell Downes

    Unfair contract terms outlawed when dealing with small business

    by Mitchell Downes - Partner & Richard Seneviratne - Senior Lawyer On Saturday 12 November 2016, a new law will come into effect. One that prohibits unfair contract terms in standard form contracts when dealing with small business. It will apply to any standard form contract entered int..
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  • 12-Sep-2016 / Posted by No items found.

    Bankruptcy and inheritance: who gets what and what you can do about it

    by Marek Reardon - Special Counsel The potential for bankruptcy to affect a beneficiary under a deceased estate poses significant problems for inter-generational wealth planning. When a beneficiary to a deceased estate is bankrupt, their inheritance is made available to creditors to meet..
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  • 12-Sep-2016 / Posted by No items found.

    Understanding costs in the context of litigation

    by Marek Reardon - Special Counsel Legal costs are a hot topic. They are often a determining factor when considering entering into a transaction or deciding whether to settle or commence litigation. When considering legal costs in the context of litigation, it is important to understand dol..
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  • 25-Aug-2016 / Posted by Mitchell Downes

    Kleenmaid director sentenced to 9 years jail

    The Kleenmaid group of companies suffered a high profile collapse in 2009. A former director of one of the Kleenmaid group of companies, Bradley Wendell Young, has been sentenced to 9 years jail this month after being found guilty by a jury of 18 offences. Remarkably, the trial ran for 71 d..
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  • 05-Aug-2016 / Posted by Mitchell Downes

    Late payment fees upheld by High Court

    On 27 July 2016 the High Court handed down the much anticipated judgment in Paciocco v Australia and New Zealand Banking Group Limited [2016] HCA 28 (Paciocco). The case considered if late payment credit card fees were penalties (and thus unenforceable at law) or were unconscionable, unjust or u..
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