Articles

129 Articles found

Management Rights, Leasebacks & Covid-19

By: John Mahoney
15 June 2021

As readers of previous articles I have written will be aware, I have never been a great fan of leasebacks. For those readers unfamiliar with the term “leasebackR...

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An enduring power of attorney (EPOA) and what it means to you

By: Cath Champion
19 March 2021

Why have an EPOA An EPOA allows you (the Principal) to appoint person/s (the Attorney/s) to make decisions about personal matters (including health matters) and/or financ...

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Options, top-ups, variations, extensions – what’s the difference?

By: Amy ODonnell
25 February 2021

We have all heard these terms, and we all know that we need to be aware of the key dates in our management rights agreements, but what does it all mean? All management ri...

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New Body Corporate Regulations

By: John Mahoney
25 February 2021

As some of you may have heard, a raft of new body corporate laws will commence 1 March 2021. Whilst most of the changes are administrative in nature, and will not direct...

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Discrimination in Bodies Corporate

By: Jarrod Clarke
28 January 2021

In addition to specific body corporate legislation and regulations, bodies corporate are bound by other acts. An area that is not regularly considered by bodies corporate...

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Are you ready for the new regulation modules?

By: Todd Garsden
20 January 2021

This article summarises the changes and what body corporate managers need to do (in addition to communicating the changes to their clients) before the new regulation modu...

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2020

Understanding your caretaking duties

By: William Kenny
22 December 2020

There is no doubt that there are today many more disputes about caretaking duties. Most of these are a consequence of the body corporate’s expectations of what the mana...

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Is your buyer up to scratch?

By: Michelle Lim
22 December 2020

In previous articles, we covered taking steps to prepare for your sale well in advance. To recap: Letting appointments – ensure they are assignable; Management rights a...

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Unfair contract term laws: important changes and IP agreements

By: Rhys Williamson
17 December 2020

Upcoming changes to the unfair contract term laws mean any business that requires customers or small business commercial partners to enter into standard form contracts sh...

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Leasing or licencing common property

By: Todd Garsden
9 December 2020

If the common property is going to be used in a way which is substantial, permanent or could interfere with another person’s use of the common property, some form o...

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Presumption of Regularity in Bodies Corporate

By: Jarrod Clarke
30 November 2020

A recent decision by QCAT has applied the “presumption of regularity” in a way that could shape future OCBCCM decisions. The presumption of regularity is a ra...

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Selling common property

By: Todd Garsden
19 November 2020

Our previous article discussed a number of ways in which car parks in a scheme can be created and swapped. One of those options was the sale of common property by transfe...

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Car park reconfiguration

By: Todd Garsden
12 November 2020

Parking, one of the four “Ps” for bodies corporate, is a common problem area that body corporate committees have to deal with. One request that is becoming mo...

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31 December 2020 Deadline – amend your trust deed to avoid extra duty and land tax for residential property in New Sou...

By: Cath Champion
10 November 2020

Over the last couple of years various states have introduced a duty and land tax surcharge on residential property owned by foreign persons.  Each State law is differen...

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Mahoneys Antony Harrison participates in ‘Starting in Private Practice’ webinar

By: Mahoneys
4 November 2020

Mahoneys Commercial Partner, Antony Harrison, was delighted to be invited to take part in ‘Starting in Private Practice’ – a webinar hosted by The Professional Medi...

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Removing an elected Body Corporate Committee Member

By: Jarrod Clarke
23 October 2020

Body corporate committees are comprised of lot owners or individuals authorised to represent lot owners. But for restricted matters, committees have broad powers to act f...

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Marina berths in bodies corporate

By: Todd Garsden
23 October 2020

A marina berth can be a selling point for a community title scheme – if the body corporate is on the water, a marina berth is a great way to give lot owners direct acce...

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Protecting your trade mark

By: Rhys Williamson
12 October 2020

Your business is making some serious cash – or it’s about to. Customers are raving about what you do – or they’re about to. You know a strong and recognisable...

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Caretaking agreements and negative inflation

By: Todd Garsden
7 October 2020

As a general rule, the remuneration under a caretaking agreement increases every year. However with a negative annual inflation rate (or CPI), for only the third time in

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Defamation in bodies corporate

By: Ben Sandford
15 September 2020

It’s an all too common occurrence – tempers can flare when people are forced to come into contact with others that they wouldn’t usually associate with. Whe...

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Development offences in bodies corporate

By: Ben Sandford
15 September 2020

In Queensland the Planning Act (2016) provides the framework under which all residential development work is performed. When a new building is approved by the local counc...

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Recovering body corporate costs from owners

By: Todd Garsden
15 September 2020

Aside from the recovery of levies, the Body Corporate and Community Management Act 1997 (Qld) (BCCMA) gives bodies corporate a number of specific protections to allow cos...

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Changing the body corporate’s financial year

By: Todd Garsden
10 September 2020

The body corporate’s financial year is different to the financial year most people are familiar with – it does not commence 1 July each year, but rather, it is ba...

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Educating new entrants and making assignments easier

By: Will Kenny
11 August 2020

For some time now, there has been discussion amongst industry stakeholders about the need to simplify the assignment process. There have been proposals for creating an &#...

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Management rights assignments for bodies corporate

By: Todd Garsden
7 August 2020

Despite the body corporate being a party to the management rights agreements (Agreements), they are usually only involved toward the end of the assignment process. If the...

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Maintenance obligations

By: Mahoneys
17 July 2020

Maintenance disputes are the single biggest issue that results in adjudication applications and information inquiries to the Commissioner’s Office. The general position...

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Dealing with Body Corporate disputes

By: Mahoneys
17 July 2020

In bodies corporate it is inevitable that, from time to time, disputes will occur. Fortunately, in Queensland there are numerous cost-effective avenues available to assis...

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Maintenance obligations

By: Todd Garsden
3 July 2020

Maintenance disputes are the single biggest issue that results in adjudication applications and information inquiries to the Commissioner’s Office. The general posi...

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Dealing with Body Corporate Disputes

By: Ben Seccombe
3 July 2020

In bodies corporate it is inevitable that, from time to time, disputes will occur. Fortunately, in Queensland there are numerous cost-effective avenues available to assis...

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Social distancing requirements for bodies corporate?

By: Todd Garsden
19 June 2020

There have been over 60 public health directives issued by the Queensland Health Department since the start of COVID – almost 20 different public health directions

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New guidance on patenting computer-implemented inventions (Commissioner of Patents v Rokt Pte Ltd [2020] FCAFC 86)

By: Rhys Williamson
5 June 2020

The Full Court of the Federal Court in Commissioner of Patents v Rokt Pte Ltd [2020] FCAFC 86  (Rokt Appeal)  has unanimously held that Rokt’s ‘digital adve...

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Making sure your by-laws are correct

By: Todd Garsden
29 May 2020

Given the recent lockdowns that have forced many occupiers to spend more time within their lots, interferences between occupiers have been tested to their limits. Committ...

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Statutory reviews – a process to change your caretaking agreement

By: Ben Seccombe
29 May 2020

When a new community title scheme is established the developer has an obligation – to both the body corporate and the caretaker – to ensure the caretaking agr...

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Reopening pools in a body corporate because of COVID-19

By: Todd Garsden
15 May 2020

Pools can now be reopened after 15 May 2020. The Queensland Government has released its roadmap to easing restrictions. As part of that roadmap, the first stage includes

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New guidance on patenting computer-implemented inventions (Facebook, Inc. [2020] APO 19)

By: Rhys Williamson
14 May 2020

A recent Australian Patent Office decision of Facebook, Inc. [2020] APO 19 may signal a relaxation of its view on what’s required to patent a computer–implemented inv...

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Management rights options and variations during COVID-19

By: Todd Garsden
5 May 2020

Many things have changed for bodies corporate and resident managers and how they manage their affairs in light of the COVID-19 pandemic. However, one issue that has not c...

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Liability for Building Defects

By: Ben Seccombe
1 May 2020

An issue that arises frequently in strata title buildings is building defects. Despite many laws being passed to help consumers with COVID-19 related issues, the responsi...

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Body corporate spending limits

By: Todd Garsden
29 April 2020

As finances become tight during COVID 19, it is important that bodies corporate and body corporate managers ensure costs are properly managed. That includes complying wit...

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Covid-19 – Residential Tenancies

By: Amy ODonnell
27 April 2020

We finally have some certainty in relation to the amended legislation for residential tenancies. Late on Wednesday night (22nd April 2020) the Queensland parliament passe...

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Body corporate cost cutting during COVID-19

By: Todd Garsden
23 April 2020

Body corporate levies are one of the first items of expenditure owners don’t pay in tough times. Committees need to be aware of this and the consequences of: reduci...

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Levy recovery during COVID-19

By: Todd Garsden
17 April 2020

Even though body corporate legislation has not changed with respect to levy recovery, the circumstances surrounding levy recovery and insolvency legislation has. This alt...

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Closing facilities in a body corporate

By: Todd Garsden
14 April 2020

It has been well publicised that bodies corporate must close their swimming pools. However, how that is to take place has been a practical issue begging more questions th...

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Non-contact estate planning during COVID-19

By: Cath Champion
8 April 2020

In these uncertain times, more and more people are starting to think about drawing up a Will. But what does that look like when you add a lockdown and social distancing i...

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How to manage work orders during COVID-19

By: Todd Garsden
7 April 2020

This guidance for bodies corporate and body corporate managers is to provide a way to manage risks in carrying out work orders onsite and comprises: a template register f...

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COVID-19 guidance for bodies corporate

By: Todd Garsden
31 March 2020

Guide to coronavirus isolation or lockdown in a body corporate This document is intended to provide body corporate managers and committees with a concise guide to managin...

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Asset protection: the banks and what you need to know about structuring your financial affairs

By: Antony Harrison
24 March 2020

At Mahoneys, our Commercial Lawyers are seeing a growing number of clients coming to us for help after being told by their bank that they can’t structure their personal...

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Bankruptcy: Equitable interests in the matrimonial home

By: Mitchell Downes
18 March 2020

Practitioners in bankruptcy often encounter estates where the matrimonial home is owned by the non-bankrupt spouse. There are circumstances in which a court will declare

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The limits of committee powers

By: Todd Garsden
10 March 2020

The committee will make the majority of the decisions for the body corporate. This is because the committee has the power to make decisions on any issue that is not a ...

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Rights over common property

By: Todd Garsden
10 March 2020

There are a number of ways rights over the common property can be obtained. This can relate to spare car parks, storage, rooftops, airspace, extensions and even ceiling v...

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What health care practices should consider when engaging practitioners

By: Rhys Williamson
4 March 2020

There are a number of ways health care practices can structure their business and engage health care practitioners to work at their practice. Whatever option you decide w...

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New risks for body corporate managers who carry out secretary duties

By: Todd Garsden
3 March 2020

A recent adjudicator’s order has wide-ranging implications for body corporate managers who have been engaged to take on some or all of the functions of the body cor...

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Section 73 composition set aside by the Federal Court

By: Mitchell Downes
28 February 2020

Deputy Commissioner of Taxation v Zappia [2019] FCA 2152. A pithy judgment of Jagot J provides helpful guidance on the principles applicable to the setting aside of a com...

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Statutory Remuneration Review Process

By: Ben Seccombe
20 February 2020

We are constantly surprised by how few people are aware that the Body Corporate and Community Management Act (BCCMA) contains a right to review either: (a) the duties to

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You Cannot Be Serious!

By: John Mahoney
20 February 2020

In the many years in which I have been practising in the area of management rights I have heard some amazing, even unbelievable, stories. However I was genuinely shocked

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Transfer pricing laws and why it’s time to review your profits

By: Rhys Williamson
18 February 2020

Transfer pricing laws and why it’s time to review your profits With the Australian Tax Office (ATO) continuing to target multinational corporate tax avoidance, the Aust...

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War on illegal phoenix activity: what you need to know about the new laws

By: Mitchell Downes
18 February 2020

The Parliament recently passed new laws as part of the Government’s efforts to eliminate illegal phoenix activity in Australia. Powers and penalties to target the p...

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Victoria to limit term of management rights agreements

By: John Mahoney
15 January 2020

In a move which has caught the industry by surprise the Victorian Government has introduced legislation which seeks to limit the term of management rights put in place by...

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2019

When can you patent an invention implemented by a computer – Encompass Corporation v InfoTrack (September 2019)

By: Rhys Williamson
11 December 2019

The patentability of computer-implemented inventions has long been a tricky issue for innovators and entrepreneurs. While a recent decision by the Full Bench of the Austr...

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The serviced office model and payroll tax exposure: What medical practices need to know

By: Antony Harrison
26 November 2019

A recent court decision in Victoria is a timely reminder for medical and allied health practices operating under a shared services model to review agreements with doctors...

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The crucial difference between exercising options and top-ups

By: Amy Mckee
6 November 2019

A troublesome element of management rights legislation is the difference between exercising a current option and ‘topping up’. Here, we explain where the confusion li...

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Avoiding disputes

By: John Mahoney
31 October 2019

As I began to gather my thoughts before writing this article, I thought back to the night of the ARAMA awards presentation evening and to the two managers of the year (pe...

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Stop reading this article

By: John Mahoney
31 October 2019

Instead, go and check the option exercise dates in your management rights agreements and deeds of variation where you or a previous manager may have added a further optio...

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Guide to Health Privacy

By: Rhys Williamson
18 October 2019

Health service providers (including day hospitals, clinical physicians and diagnostic service providers) have obligations about their patient’s personal information und...

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Commissioner’s discretion to extend the two year period to disregard capital gains tax in relation to the disposal of

By: Cath Champion
6 September 2019

This article explores the implications of the Australian Taxation Office’s Practical Compliance Guidelines PCG 2019/5 (Guidelines) which establishes guidelines for the

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What the end of NRAS Means for Management Rights

By: Will Kenny
1 August 2019

There has been recent conjecture amongst industry stakeholders about the impact on management rights businesses once the incentive period under the National Affordable Re...

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Assignments made difficult

By: John Mahoney
1 August 2019

A few short years ago I wrote an article “Let’s not kill the goose” where I expressed concern that the number of new unqualified entrants to the management rights i...

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Medicare shared debt “claw back” scheme

By: Antony Harrison
12 July 2019

The way that medical rooms are managed, and in particular – how Medicare benefits have been claimed – has changed dramatically over the years.It had too ̵...

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Trade mark intra-group licensing – control your trade marks

By: Rhys Williamson
15 May 2019

An entity that owns a trade mark but does not use it (for example, when the registered owner licenses the trade mark to a related entity) must control the use of that tra...

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Published Australian Patent Office decisions – February 2019 Review

By: Will Kenny
13 March 2019

The following review of published Australian Patent Office decisions in February 2019 may be useful for IP practitioners, patent attorneys, or those who manage patent and...

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Everything managers need to know about voting

By: Will Kenny
13 March 2019

When a general meeting is coming up, resident managers often ask Mahoneys how to best approach owners for their support and for general advice regarding voting procedures...

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Published Australian Patent Office decisions – January 2019 Review

By: Rhys Williamson
7 March 2019

1.  The following review of published Australian Patent Office decisions in January 2019 may be useful for IP practitioners, patent attorneys, or those who manage patent...

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Anti-competition laws will soon apply to IP arrangements

By: Rhys Williamson
7 March 2019

Until recently, intellectual property licences, assignments or arrangements (including patents, trade marks or copyright) were exempt from the Restrictive Trade Prohibiti...

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Be careful: your Personal Property Security Register (PPSR) registrations may lapse soon

By: Rhys Williamson
1 March 2019

If you registered security interests on the PPSR when it launched seven years ago, you would be wise to check your records for the expiry date… The Personal Property Se...

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The compliance challenge

By: John Mahoney
11 February 2019

In this modern world of extreme regulatory control it should perhaps come as no surprise to most readers that there are many aspects of operating a management rights busi...

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Mahoneys secures costs for resident manager in landmark QCAT victory

By: Mitchell Downes
25 January 2019

Recently, Mahoneys acted for a resident manager in a termination dispute with the Body Corporate. The trial lasted 10 days. Our client, the resident manager, was successf...

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Why a lot owner deed is so important

By: John Mahoney
25 January 2019

A recent decision of the Office of the Commissioner for Body Corporate and Community Management (OCBCCM) has highlighted the importance of complying with the ‘lot owner...

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2018

Implications for business when Australia implements APEC’s Cross Border Privacy Rules System next year

By: Rhys Williamson
18 December 2018

After consultation with business and stakeholders, the Australian Government recently applied to the Asia-Pacific Economic Cooperation economic forum (APEC) to participat...

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The role of the Enduring Power of Attorney in relation to binding death benefit nominations

By: Cath Champion
13 December 2018

This article explores the role of the enduring power of attorney to effectively make a binding death benefit nomination after a member of a self-managed superannuation fu...

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Unpacking recent changes to Australia’s IP legislation

By: Rhys Williamson
22 November 2018

Recent changes to Australia’s intellectual property legislation reflect some of the recommendations made by the Productivity Commission in 2016. This article explores h...

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Medical practice structuring and home ownership

By: Antony Harrison
22 November 2018

Structuring your medical practice to protect the family home Are you a medical practitioner? Trading as a trust may be the best way to minimise your personal exposure in

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Three strikes and you’re out – but only if you play fair

By: John Forde
12 November 2018

We are pleased to announce a further victory for one of our resident manager clients in the Queensland Civil and Administrative Appeal Tribunal. In this matter the Body C...

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War, what is it good for?

By: Will Kenny
2 November 2018

With so much at stake, Mahoneys recommends community title scheme managers work towards an amicable solution before pursuing litigation. In Mahoneys’ recent victory in

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A matter of trust: the fiduciary duties of body corporate committees

By: John Forde
31 October 2018

An exploration of how body corporate committee members have a legal responsibility to carry out their duties judiciously – particularly regarding the use of “informat...

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Mahoneys 又一次为小区经理取得胜利

By: Mitchell Downes
8 October 2018

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...

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Mahoneys wins again for resident managers

By: Mitchell Downes
19 September 2018

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 w...

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行业快讯: 小区经理遭到Committee欺压怎么办?

By: Ben Seccombe
22 August 2018

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...

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Industry update: Caretaker bullying by bodies corporate

By: Ben Seccombe
8 August 2018

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 conti...

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Franchise agreements, trade marks and Australian consumer law

By: John Forde
26 July 2018

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 Restau...

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The goose, the golden egg and the assignment

By: John Mahoney
29 June 2018

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 w...

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Uncertainty around short term letting

By: John Mahoney
27 June 2018

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 l...

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The lesson of Lululemon – exchanges, returns and consumer guarantees

By: Mahoneys
16 May 2018

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 t...

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The power of appointment of trusts

By: Wesley Hill
17 April 2018

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 appoi...

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Development Approval – enforcement orders

By: John Forde
23 March 2018

In Pike v Tighe [2018] HCA 9 (14 March 2018) the High Court held that the Development Approval condition attaches to the land and binds the owner, the owner’s succes...

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Vicarious liability

By: John Forde
30 January 2018

A common problem faced by employers is vicarious liability and their duty of care. A recent Supreme Court of Queensland decision acts as a timely reminder for our workpla...

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Sellers beware

By: John Mahoney
17 January 2018

At a recent forum held on the Gold Coast and attended by most of the leading management rights lawyers, accountants, real estate agents and finance brokers, overwhelming

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2017

Get that top up right!

By: John Mahoney
8 November 2017

Extending the terms of management and letting agreements is something dear to the hearts of most resident managers. The way in which agreements can be extended has been

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What an affidavit is and how is one taken?

By: John Forde
1 November 2017

An affidavit is the evidence of a witness in written form. It is a document that is sworn on oath or affirmed and made before a person who is authorised to take an oath o...

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Exciting changes to bankruptcy to promote entrepreneurial activity

By: Mitchell Downes
23 October 2017

Readers may remember the Commonwealth government previously announcing a plan to reduce the term of an ordinary bankruptcy from three years to one year. On 19 October 201...

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Companies and directors rejoice – “Safe Harbour” and “Ipso Facto” becomes law

By: Mitchell Downes
12 September 2017

Late last night (11 September 2017), the Senate passed into law the Treasury Laws Amendment (2017 Enterprises Incentives No 2) Bill 2017. The legislation amends the Corpo...

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When a judgment isn’t the end

By: Mitchell Downes
24 August 2017

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 “g...

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Off the plan – off the boil?

By: John Mahoney
24 August 2017

With the huge number of new unit projects coming on line in the past couple of years, and more following, there have been many significant off the plan management rights

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Multiple versions of POA Form 6 causing unnecessary concern

By: Nicole Cleary
24 August 2017

Most of our readers will be aware of the multiple versions of the POA form 6 that have been released by the Office of Fair Trading (OFT) since the from was first introduc...

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Lessons from The Rocks

By: John Mahoney
24 August 2017

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 manag...

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Body Corporate Debt Recovery Changes: Good or Bad?

By: Jason Fletcher
20 July 2017

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...

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

By: John Mahoney
12 July 2017

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 t...

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Bodies corporate may now have a tougher time recovering costs

By: Mahoneys
14 June 2017

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 14...

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

By: Will Kenny
24 May 2017

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, whic...

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What is accessorial liability?

By: Mitchell Downes
19 May 2017

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 m...

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What is accessorial liability?

By: Mitchell Downes
19 May 2017

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 m...

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Why you need expertise up front

By: John Mahoney
5 May 2017

Perhaps unsurprisingly many new entrants to the management rights industry look to save money on legal and other fees when buying management rights. Despite often risking...

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Dealing with breach notices

By: Mitchell Downes
5 May 2017

Breach notices and remedial action notices should be taken seriously and acted on immediately. Whilst this may sound obvious our litigation team has been surprised in rec...

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Exercising options

By: Matthew Manz
5 May 2017

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 them...

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PPSA Guide

By: Mahoneys
29 March 2017

The Personal Property Securities Act 2009 (more commonly known as the PPSA) came into effect on 30 January 2012. Since that time it has greatly changed how people and bus...

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

By: Antony Harrison
23 March 2017

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 resident...

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Anti-bullying at work laws can apply to bodies corporate and caretakers too

By: Mitchell Downes
19 January 2017

Mahoneys regularly field enquiries from caretakers complaining (often quite validly) that they have been bullied, harassed or threatened by committee members or lot owner...

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2016

What have I bought?

By: John Mahoney
19 December 2016

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 Ma...

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The importance of letting appointments

By: Matthew Manz
19 December 2016

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

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I want my top up

By: John Mahoney
19 December 2016

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

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Bodies Corporate and the obligation to act reasonably

By: Ben Seccombe
13 October 2016

by Ben Seccombe – Partner & co written by Max Walker The concept of ‘reasonableness’ and what amounts to acting ‘reasonably’ are questions that often v...

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Unfair contract terms outlawed when dealing with small business

By: Mitchell Downes
29 September 2016

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 wi...

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

By: Mahoneys
12 September 2016

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 de...

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When all else fails, do you sack the committee?

By: John Mahoney
18 July 2016

Experience in the management rights industry gained over more than 25 years tells me that the best run buildings are those where there is a genuine spirit of cooperation

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High Court to determine unreasonableness test

By: Ben Seccombe
18 July 2016

Mahoneys are again at the forefront of judicial decision making in a body corporate dispute soon to be determined by the High Court of Australia. Our client, the owner of...

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What you must do before going into business

By: Mitchell Downes
7 July 2016

Caught up in the thrill of the new, parties often neglect to consider what will happen if things go sour in business. Disputes can erupt over something as simple as one p...

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Save yourself a world of pain with a shareholders agreement

By: Antony Harrison
7 July 2016

With ventures involving more than one person, lawyers, accountants and financial advisors will usually recommend some form of shareholders agreement. Even if you’re goi...

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Compliance deadlines loom for SMSF’s as 30 June approaches

By: Mahoneys
19 May 2016

by Marek Reardon – Special Counsel The approach of 30 June heralds an increase in activity in business compliance activity in many industry sectors. None more so

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Can a class 3 building be used for long term residential use?

By: John Mahoney
27 April 2016

This issue arose when we were consulted by an onsite manager of a complex originally approved and operated as a motel, appropriately classified a class 3 building under t...

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Tax law amendment smooths way for small business restructuring

By: Mahoneys
8 April 2016

by Marek Reardon – Special Counsel  The passage of the Tax Laws Amendment (Small Business Restructure Roll-Over) Act 2016 (Cth) (The Act) which received royal as...

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Making the most from POA

By: John Mahoney
15 February 2016

By the time this article is published I expect that the ARAMA Roadshow being conducted throughout the State will be all but over. Starting in Brisbane and winding up in C...

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