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

  • 24-Aug-2017 / Posted by John Mahoney

    Lessons from The Rocks

    by John Mahoney, Partner Following the successful Court of Appeal decision relating to the resident manager at The Rocks Resort at Currumbin, it is appropriate to look at what lessons other managers and the industry generally can learn from the case. To briefly recap, our client was pr..
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  • 24-Aug-2017 / Posted by Mitchell Downes

    When a judgment isn't the end

    by Mitchell Downes, Partner On 17 August 2017 in the matter of Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28, the High Court ruled (by a 4:1 majority) that a bankruptcy court may “go behind” a judgment if the debtor raises sufficient reasons for impeaching the original debt. ..
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  • 20-Jul-2017 / Posted by Mahoneys

    Body Corporate Debt Recovery Changes: Good or Bad?

    by Jason Fletcher, Lawyer In February 2017, the Commercial and Property Law Research Centre issued its Final Report on a myriad of proposed changes to body corporate legislation. This article will focus on one area: the recovery of body corporate debts. After years of consulting ..
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  • 12-Jul-2017 / Posted by John Mahoney

    When a deposit is paid by electronic transfer, when is it legally considered 'paid'?

    by John Mahoney, Partner The District Court recently had to consider if a deposit payable under a house sale contract was paid on the due date. In this situation, the deposit was electronically transferred to the agent’s trust account late at night on the due date (after business hours) and..
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  • 14-Jun-2017 / Posted by Ben Sandford

    Bodies corporate may now have a tougher time recovering costs

    Recently, Mahoneys appeared for the appellant before Judge Butler SC of the District Court of Queensland in the matter of Thompson v Body Corporate for Arila Lodge CTS 14237. The matter involved the appeal of a summary judgment obtained against the appellant in the Magistrates Court by the b..
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  • 24-May-2017 / Posted by Will Kenny

    Star Ratings System scrapped - What does this mean for your agreements?

    by Will Kenny, Lawyer From 30 June 2017, an accommodation scheme which has received an official accreditation from Star Ratings Australia will no longer be recognised. The ratings system, which is owned by Motoring Clubs Australia, has decided to retire the star ratings brand due to the ever..
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  • 22-May-2017 / Posted by Mahoneys

    Mahoneys secure massive win for managements rights industry

    A recent decision by the Queensland Court of Appeal has clarified the way in which management rights operators can charge their clients for services performed pursuant to their appointment. Mahoneys ran the appeal for Peterson Management Services Pty Ltd against the Office of Fair Trading be..
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  • 19-May-2017 / Posted by Mitchell Downes

    What is accessorial liability?

    by Mitchell Downes, Partner Accessorial liability in the civil context goes back (at least) as far as Selbourne LC's speech in Barnes v Addy (1874) LR 9 Ch App 244: [S]trangers are not to be made constructive trustees merely because they act as the agents of trustees in transactions &he..
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  • 15-May-2017 / Posted by Mahoneys

    Budget news

    New residential premises – purchasers to pay GST The budget presented on 9th May proposed changes to the way GST is treated for newly constructed residential properties. With effect from 1 July 2018, purchasers of newly constructed residential properties (or new subdivisions) will be require..
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  • 05-May-2017 / Posted by Matthew Manz

    Exercising options

    by Matthew Manz, Partner We have written various articles over the years about the importance of diarising the dates by which your option/s must be exercised. We continue to see managers get themselves into trouble by forgetting to exercise their options. Fortunately we are generally able t..
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