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129 Articles found
Management Rights, Leasebacks & Covid-19
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...
MoreAn enduring power of attorney (EPOA) and what it means to you
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...
MoreOptions, top-ups, variations, extensions – what’s the difference?
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...
MoreNew Body Corporate Regulations
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...
MoreDiscrimination in Bodies Corporate
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...
MoreAre you ready for the new regulation modules?
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...
More2020
Understanding your caretaking duties
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...
MoreIs your buyer up to scratch?
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...
MoreUnfair contract term laws: important changes and IP agreements
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...
MoreLeasing or licencing common property
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...
MorePresumption of Regularity in Bodies Corporate
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...
MoreSelling common property
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...
MoreCar park reconfiguration
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...
More31 December 2020 Deadline – amend your trust deed to avoid extra duty and land tax for residential property in New Sou...
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...
MoreMahoneys Antony Harrison participates in ‘Starting in Private Practice’ webinar
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...
MoreRemoving an elected Body Corporate Committee Member
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...
MoreMarina berths in bodies corporate
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...
MoreProtecting your trade mark
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...
MoreCaretaking agreements and negative inflation
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
MoreDefamation in bodies corporate
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...
MoreDevelopment offences in bodies corporate
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...
MoreRecovering body corporate costs from owners
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...
MoreChanging the body corporate’s financial year
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...
MoreEducating new entrants and making assignments easier
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 &#...
MoreManagement rights assignments for bodies corporate
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...
MoreMaintenance obligations
Maintenance disputes are the single biggest issue that results in adjudication applications and information inquiries to the Commissioner’s Office. The general position...
MoreDealing with Body Corporate disputes
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...
MoreMaintenance obligations
Maintenance disputes are the single biggest issue that results in adjudication applications and information inquiries to the Commissioner’s Office. The general posi...
MoreDealing with Body Corporate Disputes
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...
MoreSocial distancing requirements for bodies corporate?
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
MoreNew guidance on patenting computer-implemented inventions (Commissioner of Patents v Rokt Pte Ltd [2020] FCAFC 86)
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...
MoreMaking sure your by-laws are correct
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...
MoreStatutory reviews – a process to change your caretaking agreement
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...
MoreReopening pools in a body corporate because of COVID-19
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
MoreNew guidance on patenting computer-implemented inventions (Facebook, Inc. [2020] APO 19)
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...
MoreManagement rights options and variations during COVID-19
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...
MoreLiability for Building Defects
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...
MoreBody corporate spending limits
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...
MoreCovid-19 – Residential Tenancies
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...
MoreBody corporate cost cutting during COVID-19
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...
MoreLevy recovery during COVID-19
Even though body corporate legislation has not changed with respect to levy recovery, the circumstances surrounding levy recovery and insolvency legislation has. This alt...
MoreClosing facilities in a body corporate
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...
MoreNon-contact estate planning during COVID-19
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...
MoreHow to manage work orders during COVID-19
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...
MoreCOVID-19 guidance for bodies corporate
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...
MoreAsset protection: the banks and what you need to know about structuring your financial affairs
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...
MoreBankruptcy: Equitable interests in the matrimonial home
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
MoreThe limits of committee powers
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 ...
MoreRights over common property
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...
MoreWhat health care practices should consider when engaging practitioners
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...
MoreNew risks for body corporate managers who carry out secretary duties
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...
MoreSection 73 composition set aside by the Federal Court
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...
MoreStatutory Remuneration Review Process
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
MoreYou Cannot Be Serious!
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
MoreTransfer pricing laws and why it’s time to review your profits
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...
MoreWar on illegal phoenix activity: what you need to know about the new laws
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...
MoreVictoria to limit term of management rights agreements
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...
More2019
When can you patent an invention implemented by a computer – Encompass Corporation v InfoTrack (September 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...
MoreThe serviced office model and payroll tax exposure: What medical practices need to know
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...
MoreThe crucial difference between exercising options and top-ups
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...
MoreAvoiding disputes
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...
MoreStop reading this article
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...
MoreGuide to Health Privacy
Health service providers (including day hospitals, clinical physicians and diagnostic service providers) have obligations about their patient’s personal information und...
MoreCommissioner’s discretion to extend the two year period to disregard capital gains tax in relation to the disposal of
This article explores the implications of the Australian Taxation Office’s Practical Compliance Guidelines PCG 2019/5 (Guidelines) which establishes guidelines for the
MoreWhat the end of NRAS Means for Management Rights
There has been recent conjecture amongst industry stakeholders about the impact on management rights businesses once the incentive period under the National Affordable Re...
MoreAssignments made difficult
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...
MoreMedicare shared debt “claw back” scheme
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 ̵...
MoreTrade mark intra-group licensing – control your trade marks
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...
MorePublished Australian Patent Office decisions – February 2019 Review
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...
MoreEverything managers need to know about voting
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...
MorePublished Australian Patent Office decisions – January 2019 Review
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...
MoreAnti-competition laws will soon apply to IP arrangements
Until recently, intellectual property licences, assignments or arrangements (including patents, trade marks or copyright) were exempt from the Restrictive Trade Prohibiti...
MoreBe careful: your Personal Property Security Register (PPSR) registrations may lapse soon
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...
MoreThe compliance challenge
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...
MoreMahoneys secures costs for resident manager in landmark QCAT victory
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...
MoreWhy a lot owner deed is so important
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...
More2018
Implications for business when Australia implements APEC’s Cross Border Privacy Rules System next year
After consultation with business and stakeholders, the Australian Government recently applied to the Asia-Pacific Economic Cooperation economic forum (APEC) to participat...
MoreThe role of the Enduring Power of Attorney in relation to binding death benefit nominations
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...
MoreUnpacking recent changes to Australia’s IP legislation
Recent changes to Australia’s intellectual property legislation reflect some of the recommendations made by the Productivity Commission in 2016. This article explores h...
MoreMedical practice structuring and home ownership
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
MoreThree strikes and you’re out – but only if you play fair
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...
MoreWar, what is it good for?
With so much at stake, Mahoneys recommends community title scheme managers work towards an amicable solution before pursuing litigation. In Mahoneys’ recent victory in
MoreA matter of trust: the fiduciary duties of body corporate committees
An exploration of how body corporate committee members have a legal responsibility to carry out their duties judiciously – particularly regarding the use of “informat...
MoreMahoneys 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 w...
More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...
MoreIndustry update: Caretaker bullying by bodies corporate
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...
MoreFranchise 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 Restau...
MoreThe 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 w...
MoreUncertainty 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 l...
MoreThe 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 t...
MoreThe 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 appoi...
MoreDevelopment Approval – enforcement orders
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...
MoreVicarious liability
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...
MoreSellers beware
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
More2017
Get that top up right!
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
MoreWhat an affidavit is and how is one taken?
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...
MoreExciting changes to bankruptcy to promote entrepreneurial activity
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...
MoreCompanies and directors rejoice – “Safe Harbour” and “Ipso Facto” becomes law
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...
MoreWhen a judgment isn’t the end
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...
MoreOff the plan – off the boil?
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
MoreMultiple versions of POA Form 6 causing unnecessary concern
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...
MoreLessons from The Rocks
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...
MoreBody Corporate Debt Recovery Changes: Good or Bad?
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...
MoreWhen a deposit is paid by electronic transfer, when is it legally considered ‘paid’?
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...
MoreBodies 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 14...
MoreStar Ratings System scrapped – What does this mean for your agreements?
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...
MoreWhat is accessorial liability?
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...
MoreWhat is accessorial liability?
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...
MoreWhy you need expertise up front
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...
MoreDealing with breach notices
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...
MoreExercising options
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...
MorePPSA Guide
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...
MoreBuyer beware: the definition of a ‘foreign person’ goes further than we think for duty and land tax purposes...
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...
MoreAnti-bullying at work laws can apply to bodies corporate and caretakers too
Mahoneys regularly field enquiries from caretakers complaining (often quite validly) that they have been bullied, harassed or threatened by committee members or lot owner...
More2016
What have I bought?
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...
MoreThe importance of letting appointments
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
MoreI want my top up
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
MoreBodies 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 v...
MoreUnfair contract terms outlawed when dealing with small business
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...
MoreBankruptcy and inheritance: who gets what and what you can do about it
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...
MoreWhen all else fails, do you sack the committee?
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
MoreHigh Court to determine unreasonableness test
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...
MoreWhat you must do before going into business
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...
MoreSave yourself a world of pain with a shareholders agreement
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...
MoreCompliance deadlines loom for SMSF’s as 30 June approaches
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
MoreCan a class 3 building be used for long term residential use?
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...
MoreTax law amendment smooths way for small business restructuring
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...
MoreMaking the most from POA
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...
More