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

  • 08-Oct-2018 / Posted by Mitchell Downes

    Mahoneys 又一次为小区经理取得胜利

    Mahoneys 在QCAT法庭上又一次为昆士兰的物业管理经理群博得了胜利。 此次的审讯长达十天,双方展示的呈堂证供超过了两千页的宣誓书以及一千页的口头证据和意见书。 Body Corporate 向我们的客户发出了五份法律 ‘补救行动通知书’ Remedial Action Notice (RAN),以及威胁终结物业管理合同。在QCAT法庭上,Mahoneys以多年丰富的实战经验强力的反驳了此五份RAN的有效性。最终,法庭宣布Mahoneys的建议为正确的法律立场 - 法官宣布废除两份由全业主投票通过的合同终止通知(Caretaking Agreement T..
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  • 19-Sep-2018 / Posted by Mitchell Downes

    Mahoneys wins again for resident managers

    Mahoneys has secured yet another win for resident managers in the Queensland Civil and Administrative Tribunal. The trial was hard fought over 10 days of hearing. There were over 2,000 pages of affidavit evidence and 1,000 transcript pages of oral evidence and submissions. Five remedia..
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  • 22-Aug-2018 / Posted by Ben Seccombe

    行业快讯: 小区经理遭到Committee欺压怎么办?

    早在2015年,Mahoneys律师行为小区经理在昆州成功的对于workplace bullying提出昆士兰第一件成功的诉讼案。这一步引领着行业为小区经理受到committee的欺压(bully)来博得正义与公正。2015年案是昆士兰Fair Work Commission (公平工作委员会)第一次承认小区经理为‘worker’身份。这是历史性的进步,假如没有承认worker身份,那么将无法以workplace bullying 我们也察觉到了这一个现象越来越频繁的出现。很多时候Body Corporate都会使用欺压的手段来骚扰小区经理,扰乱小区经理的工作,或是攻击..
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  • 08-Aug-2018 / Posted by Ben Seccombe

    Industry update: Caretaker bullying by bodies corporate

    by Ben Seccombe, Partner & Amelia Hasson, Lawyer Back in 2015, Mahoneys acted for the first caretaker recognised by the Fair Work Commission as a ‘worker’ for the purposes of a workplace bullying action and we continue to lead the way in this area. Since then, we have noticed an..
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  • 26-Jul-2018 / Posted by John Forde

    Franchise agreements, trade marks and Australian consumer law

    A franchise is a business arrangement that allows a person to operate under the name of an already established business. A recent dispute involved an International Restaurant franchisor who terminated its agreements with its Australian franchisees for non-payment of outstanding fees. Th..
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  • 29-Jun-2018 / Posted by John Mahoney

    The goose, the golden egg and the assignment

    In an article I wrote some 5 years ago I expressed concern at a trend in management rights of inexperienced managers being sold management rights on promises of minimal work, high return on investment and low (or no) risk and the damage that was causing and would continue to cause the industry i..
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  • 27-Jun-2018 / Posted by John Mahoney

    Uncertainty around short term letting

    For a variety of reasons we have in recent months fielded many enquiries about short term lettings. Some clients have wanted to prevent Airbnb, some have wanted to stop long term residential usage of motel approved units and some have wanted to start a short term letting operation in a permanent..
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  • 22-Jun-2018 / Posted by Ben Sandford

    Queensland caretakers win again

    Mahoneys secured another victory for caretakers in Queensland recently when the Queensland Civil and Administrative Tribunal handed down its decision in Ultimate Property One Management Pty Ltd v Body Corporate for the Pivotal Point Residential Community Titles Scheme 33550. The body cor..
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  • 16-May-2018 / Posted by Mahoneys

    The lesson of Lululemon – exchanges, returns and consumer guarantees

    Luxury athletic apparel company Lululemon Athletica Australia Pty Ltd (Lululemon) found out the hard way that global businesses who apply blanket branding are not above the consumer guarantees made under the Australian Consumer Law. The background In July 2017, The Australian Competition &am..
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  • 17-Apr-2018 / Posted by Wesley Hill

    The power of appointment of trusts

    A recent case involving a prominent South Australian wine-making family highlighted the importance of making sure that control of a trust following the death of the appointor is transferred in a way that is permitted by the trust deed. These days, many family businesses and assets are op..
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