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Can management rights agreements be “topped-up” more than once?
John Mahoney was recently featured in Resort News where he discussed an article claiming that, contrary to current industry practice,…
MoreStatutory Remuneration Review Process
We are constantly surprised by how few people are aware that the Body Corporate and Community Management Act (BCCMA) contains…
MoreWhat’s new in 2022? Residential Tenancy Amendments!
The new residential tenancy laws were hot news when debated in parliament and eventually passed in October 2021, but not…
MoreNew COVID restrictions for bodies corporate
On 17 December 2021 new covid-19 restrictions, linked to vaccination status, come into effect. Some of the restrictions will apply…
MoreLegal disputes in Strata – Part B
In Part B of the two-part series, Mahoneys Partner Todd Garsden and Tyrone Shandiman (Strata Insurance Solutions) continue to discuss…
MoreMahoneys featured in Resort News spotlight series
Mahoneys Partner John Mahoney was featured in Resort News’ spotlight on the Brisbane managements rights sector. Having being involved in…
MoreDefective building work in the news again
As reported in the Courier Mail over the weekend, defective building work continues to be a significant issue for bodies…
MoreStrategies for boosting financial wealth
Mahoneys Partner Antony Harrison recently joined Paul Copeland (William Buck Accountants), Scott Montefiore (William Buck Qld) and Chris Mariani (Medical…
MoreLegal disputes in Strata – Part A
In Part A of a two-part series, Mahoneys Partner Todd Garsden discusses legal disputes with Tyrone Shandiman (Strata Insurance Solutions)…
MoreIs it better to bestow gifts while you’re alive or in your Will?
We often are asked about making gifts during your lifetime (called inter vivos gifts[1]) or whether to deal with them…
MoreImportant Medical Practice Payroll Tax Decision
Thomas and Naaz – the latest court case and what medical practices need to know. Authors: Antony Harrison and Sabrina…
MoreIncreased protections against unfair contract terms
In early September, the government released the proposed amendments to the unfair contract terms regime under the Australian Consumer Law…
MoreIs your buyer made of the right stuff?
We are seeing plenty of transactions at the moment. But now, more than ever, you need to think about who…
MoreA valuable lesson for caretakers
A recent decision of the District Court in Queensland has demonstrated the serious consequences of an under-performing manager. The decision…
MoreMandatory Director Identification Numbers
Company directors should be aware of new laws coming into effect relating to the introduction of Director Identification Numbers (DIN).…
MoreCan management rights agreements be “topped-up” more than once?
An article was recently published claiming that, contrary to current industry practice, management rights agreements cannot be “topped-up” more than…
MoreArticle – Can management rights agreements be “topped-up” more than once?
By Holly Dunne, lawyer at Mahoneys Can management rights agreements be “topped-up” more than once? It is current industry practice…
MoreBCsystems manager forum
Last night Mahoneys partners John Mahoney and Todd Garsden joined Trudy Crooks (Resort Brokers), Matthew Savage (BCsystems) and approximately 100…
MoreDon’t let your letting appointments let you down!
It is rare that a week goes by that I am not asked to look at a letting appointment –…
MoreMahoneys featured in Resort News
Mahoneys was featured in the latest edition of Resort News, where John Mahoney discussed: whether body corporate by-laws could be…
MoreStarting a private practice
Mahoneys partner Antony Harrison recently presented on The Royal Australasian College of Physicians (RACP) webinar focusing on the benefits, challenges and…
MoreMahoneys supports open letter to governments
Mahoneys has recently joined the growing number of Australian businesses supporting the Business Council’s Australia open letter to governments. The…
MoreBodies corporate and Airbnb
Author: John Mahoney & Todd Garsden A number of body corporate lawyers have recently published articles claiming that bodies corporate…
MoreBy-laws cannot prevent holiday letting
By Mitchell Downes, a former Mahoneys partner now practising as a barrister. This paper has been prepared in response to…
MoreStarting a private practice
Mahoneys partner Antony Harrison recently presented to a room full of specialists at the Gold Coast Private Hospital (GCPH) on the…
MoreWhat makes a successful resident manager
Almost 30 years ago at the first management rights information seminar at which I presented, one of the first speakers…
MoreMahoneys featured in Resort News magazine
Mahoneys’ partners John Mahoney and Amy McKee were featured in Resort News magazine: John provided an update on the significant…
MoreVictoria – Update on off-the-plan term limits
As we reported in early 2020 the Victorian Government introduced legislation which sought to limit the term of management rights…
MoreMahoneys welcomes 3 new lawyers
Mahoneys recently welcomed lawyers Nicola Whalley, Sabrina Austin and Holly Dunne to the firm. Recruited as part of the firm’s…
MoreTechnology and the Corporations Act: recent amendments and what they mean for you
The Australian Government is in the process of amending the Corporations Act so that companies can use technology to hold…
MoreWhat to do if you receive a LAAN notice
We have seen a significant increase in telecommunication providers seeking to access a body corporate scheme via a land access…
MoreStarting a Private Practice
Mahoneys partner Antony Harrison presented as part of The Royal Australasian College of Physicians (RACP) webinar focusing on the benefits, challenges…
MoreService Provider of the Year
Mahoneys has been awarded Australian Resident Accommodation Managers Association (ARAMA) Service Provider of the Year for the third year in…
MoreMahoneys Promotes 3 Lawyers
Mahoneys Partners are pleased to announce the following promotions, which will take effect from 1 August: Cath Champion, a lawyer…
MoreApproving major maintenance and improvement projects
Bodies corporate are no strangers to carrying out large or expensive projects. These projects can include: scheduled body corporate maintenance…
MoreChange to casual employment arrangements
Recent amendments to the Federal Fair Work Act 2009 have changed the workplace entitlements and obligations for casual employees. The…
MoreManaging Building Defects
Resident managers in new or near new complexes will be aware of the difficulties that can arise when dealing with…
MoreChange to Casual Employment Arrangements
Recent amendments to the Federal Fair Work Act 2009 have changed the workplace entitlements and obligations for casual employees. The…
MoreApplication dismissed in Kirribilli Heights adjudication
Mahoneys successfully acted for the Kirribilli Heights Body Corporate in having an application brought against it dismissed. This decision considered…
MoreMahoneys presents to RACP members
Mahoneys Partner Antony Harrison recently joined Paul Copeland (William Buck), Scott Montefiore (Hillross Montefiore & Co) and Chris Mariani (Medical…
MoreAmendments to the Franchising Code: what it means for you
From 1 July 2021, changes to the Franchising Code of Conduct (Code) [1] will be rolled out to address the…
MoreFranchising Code changes: what it means for you
From 1 July 2021, changes to the Franchising Code of Conduct will be rolled out to address the perceived power…
MoreManagement Rights, Leasebacks & Covid-19
As readers of previous articles I have written will be aware, I have never been a great fan of leasebacks.…
MoreMahoneys gets application dismissed in Watermark Residences adjudication
Mahoneys successfully acted for the Watermark Residences body corporate in having an application brought against it, by two lot owners,…
MoreWatermark Residences – When not to make and adjudication application
In Watermark Residences two lot owners sought to invalidate an annual general meeting that had been called in a way…
MoreMahoneys featured in Resort News magazine
Mahoneys Partner John Mahoney was featured in this month’s Resort News magazine click here for Resort News Article where he…
MoreMahoneys featured in LookUpStrata magazine
Mahoneys dedicated Body Corporate team was featured in – Lookup Strata Magazine where on pages 4 & 5 we discuss…
MoreLease obligations
What are you lease obligations? When you are in the trenches and focused on running your motel it is easy…
MoreMahoneys enhances its litigation capability
Mahoneys recently welcomed experienced litigators Felicity Dore and Francesca Barnes to the firm. Recruited as part of the firm’s growth…
MoreGuide To Body Corporate Building Defects
Earlier today Mahoneys Partner Ben Seccombe joined Lynda Kypriadakis ([Diverse Group]) and Dr. Nicole Johnston ([Deakin University]) – at Australian…
MoreMahoneys 的贡献得到了小区经理的认可
Mahoneys 的资深律师 Michelle Lim 的贡献在最新版的 Resort News 上被Dong 和Zoe Huang 所认可。具体来说，Dong 对 在他们成功的物业管理权 – Mercantile Dalgety Place上给予的协助非常感激，有着功不可没的功劳。 感兴趣的朋友们请点击以下链接阅读全文 – Link…
MoreWebinar – New Body Corporate Regulations
Mahoneys Partner Todd Garsden joined Nikki Jovicic today for LookUpStrata’s New Regulation Modules webinar – where approx. 120 people tuned…
MoreHow to gift your wealth
Last week Mahoneys Partner Antony Harrison sat down with the Professional Medical Practice to discuss the options that a person…
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…
MoreMahoneys featured in Resort News March 2021
Mahoneys Partner Amy McKee, was featured in this month’s Resort News magazine (Resort News March 2021)– where she discusses what…
MoreSetting up a private medical practice
Last week Mahoneys Partner Antony Harrison joined Paul Copeland (from William Buck) and Scott Montefiore (from Hillross Montefiore & Co)…
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…
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…
MorePreparing for the new regulations
Over the last month or so Mahoneys Partner Todd Garsden has been helping the body corporate industry prepare for the…
MoreHigh Court Success for Dr Ridd
As reported in the media yesterday, Mahoneys were Dr Ridd’s instructing solicitors for his successful application for special leave to…
MorePreparing for Sale
Are you ready when the right buyer knocks? Ignoring the recent lockdown in Brisbane, the end of 2020 was starting…
MoreDiscrimination in Bodies Corporate
In addition to specific body corporate legislation and regulations, bodies corporate are bound by other acts. An area that is…
MoreMahoneys featured in Resort News
Mahoneys Special Counsel, Nicole Cleary, was featured in this month’s Resort News – where she discusses what impact COVID-19 might…
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…
More超过 100 名小区经理参MAHONEYS 圣诞活动
在这缺乏人际交流的一年里，我们很高兴能请到超过100位常驻经理和诸位行业领袖 – John Mahoney 和 Michelle Lim (Mahoneys), Lynda Kypriadakis (Diverse FMX), Mike O’Farrell (MLR Services) 和 Alison Sun (Accom…
MoreUnderstanding your caretaking duties
There is no doubt that there are today many more disputes about caretaking duties. Most of these are a consequence…
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 –…
MoreOver 100 managers attend Mahoneys event
In a year of limited face to face events, we were pleased to have over 100 management rights caretakers attend…
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…
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…
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.…
MoreMahoneys secures a victory for its clients in the Supreme Court
Mahoneys acted for the successful applicants in Hilas & Anor v GGPG Developments (No 133) Pty Ltd & Anor [2020]…
MoreSelling common property
Our previous article discussed a number of ways in which car parks in a scheme can be created and swapped.…
MoreBusiness interruption insurance and COVID-19
Yesterday, a full bench of the New South Wales Court of Appeal unanimously held that that an exclusion in a…
MoreCar park reconfiguration
Parking, one of the four “Ps” for bodies corporate, is a common problem area that body corporate committees have to…
More31 December 2020 Deadline – amend your trust deed to avoid extra duty and land tax for residential property in New South Wales
Over the last couple of years various states have introduced a duty and land tax surcharge on residential property owned by…
MorePayroll Tax Alert
The AMA (NSW) has reportedly recently been in touch with its members to warn of payroll tax audits and the…
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…
MoreA duty exemption for small business restructures – at last!
Initially published 4 November 2020. Updated following OSR expansion issued on 21 July 2021. One of the biggest problems with…
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…
MoreMarina berths in bodies corporate
A marina berth can be a selling point for a community title scheme – if the body corporate is on…
MoreProtecting your trade mark
Your business is making some serious cash – or it’s about to. Customers are raving about what you do –…
MoreTemporary relief for bodies corporate
For a second week in a row, we have a second round of new body corporate legislation. This time it’s…
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…
MoreSenior Appointments
Despite the challenges that 2020 has visited upon us all, Mahoneys remains focused on the long term success of the…
MoreNew Body Corporate Laws
The new regulation modules pursuant to the Body Corporate and Community Management Act 1997 (Qld) have now been finalised and…
MoreDefamation in bodies corporate
It’s an all too common occurrence – tempers can flare when people are forced to come into contact with others…
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…
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…
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…
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…
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…
MoreMaintenance obligations
Maintenance disputes are the single biggest issue that results in adjudication applications and information inquiries to the Commissioner’s Office. The…
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…
MoreARAMA Award
Mahoneys has been awarded Australian Resident Accommodation Managers Association (ARAMA) Service Provider of the Year for the second year running.…
MoreUpdate to social distancing requirements applying to bodies corporate
New social distancing requirements that affect bodies corporate come into effect from midday on 3 July 2020. The changes from…
MoreMaintenance obligations
Maintenance disputes are the single biggest issue that results in adjudication applications and information inquiries to the Commissioner’s Office. The…
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…
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 –…
MoreManagers Must Not Project Manage
In Queensland individuals and companies must hold a QBCC licence to carry out building work valued at over $3,300. Most…
MoreShort Term Letting Businesses – Are You Good To Go?
Each day is looking better than the last. The phones are ringing more in the last week than they have…
MoreMahoneys fighting for managers
Many readers will have seen in the press that Mahoneys recently launched legal action in the High Court on behalf…
MoreThe first virtual general meeting has been challenged
The interim orders in Watermark Residences [2020] QBCCMCmr 306 provides some relief for bodies corporate that held virtual general meetings…
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) …
MoreRetail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020
It has been almost 2 months since the National Cabinet announced the Code of Conduct and finally, the Retail Shop…
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…
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…
MoreUrgent changes to the Body Corporate and Community Management Act
On 19 May 2020 the Queensland Parliament has introduced the Justice and Other Legislation (COVID-19 Emergency Response) Amendment Bill 2020…
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…
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…
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…
MoreLiability for Building Defects
An issue that arises frequently in strata title buildings is building defects. Despite many laws being passed to help consumers…
MoreBody corporate spending limits
It is important that bodies corporate and body corporate managers ensure costs are properly managed. That includes complying with body…
MoreCovid-19 – Residential Tenancies
We finally have some certainty in relation to the amended legislation for residential tenancies. Late on Wednesday night (22nd April…
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…
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…
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…
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…
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…
MoreUPDATE – Fair Work Commission amends 99 awards during COVID -19 outbreak
On 8 April 2020, the Fair Work Commission varied 99 awards during the coronavirus pandemic to include the following: An…
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…
MoreManagement Rights and the Coronavirus – some guidance amongst the uncertainty
You will be unsurprised to learn that over the past few days we have fielded many questions from resident managers…
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…
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…
MoreMahoneys supports SCA conference
Last week Ben Seccombe and Todd Garsden] (pictured) contributed to another successful Strata Community Association (Qld) conference. Ben took part…
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…
MoreRights over common property
There are a number of ways rights over the common property can be obtained. This can relate to spare car…
MoreSupporting the medical industry
Last weekend Mahoneys Partner Antony Harrison presented at The Royal Australasian College of Physician (Qld) “Understanding your Finances” workshop where…
MoreMahoneys acts on sale of a cyber security and ICT business
Mahoneys recently acted on the sale of a cyber security and ICT infrastructure business to a large private equity fund.…
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…
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…
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…
MoreStatutory Remuneration Review Process
We are constantly surprised by how few people are aware that the Body Corporate and Community Management Act (BCCMA) contains…
MoreYou Cannot Be Serious!
In the many years in which I have been practising in the area of management rights I have heard some…
MoreTodd Garsden joins Mahoneys
We are pleased to announce that Todd Garsden formerly a partner at a specialist body corporate firm, has joined Mahoneys.…
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…
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…
MoreAmy O’Donnell joins Mahoneys
We are pleased to announce that Amy O’Donnell (pictured with John Mahoney) has joined Mahoneys. Amy is an experienced property…
MoreSupporting the Management Rights Industry
Mahoneys has been a long-time supporter of the Australian Resident Accommodation Managers Association (ARAMA). Formed in 1991, ARAMA is the…
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…
MoreMahoneys appoints new Management Rights Partner
Mahoneys is pleased to announce the appointment of Amy McKee as a Partner of the firm’s Gold Coast office…
MoreWhen 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…
MoreMahoneys helps sell Aegean Management Rights to consortium of investors
Mahoneys recently acted on the sale of the Aegean Apartments management rights to a consortium of management rights investors.…
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…
MoreOver 130 caretakers attend Mahoneys compliance event
We had over 130 management rights caretakers at our final event of the year to hear from industry leaders –…
MoreMahoneys secures $220,000 compensation for wrongful termination
Mahoneys has successfully acted for the manager of the Sands Holiday Apartments (Gold Coast) over the wrongful termination of the…
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…
MoreAvoiding disputes
As I began to gather my thoughts before writing this article, I thought back to the night of the ARAMA…
MoreStop reading this article
Instead, go and check the option exercise dates in your management rights agreements and deeds of variation where you or…
MoreMahoneys awarded Service Provider of the Year
Our firm was awarded Service Provider of the Year at the inaugural Australian Resident Accommodation Managers Association (ARAMA) awards in…
MoreGuide to Health Privacy
Health service providers (including day hospitals, clinical physicians and diagnostic service providers) have obligations about their patient’s personal information under…
MoreMahoneys’ $1.2 million victory in Ridd case
Mahoneys has successfully acted for Dr Peter Ridd in his high-profile case against James Cook University (JCU). Last Friday, the…
MoreCommissioner’s discretion to extend the two year period to disregard capital gains tax in relation to the disposal of dwellings acquired from a deceased estate
This article explores the implications of the Australian Taxation Office’s Practical Compliance Guidelines PCG 2019/5 (Guidelines) which establishes guidelines for…
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…
MoreAssignments made difficult
A few short years ago I wrote an article “Let’s not kill the goose” where I expressed concern that the…
MoreMedicare shared debt “claw back” scheme
The way that medical rooms are managed, and in particular – how Medicare benefits have been claimed – has changed…
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…
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,…
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…
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…
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…
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…
MoreThe compliance challenge
In this modern world of extreme regulatory control it should perhaps come as no surprise to most readers that there…
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.…
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…
MoreImplications 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…
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…
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…
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…
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…
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…
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…
MoreMahoneys 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 Termination Notice）。 Mahoneys律师行在 TLL Investment Pty…
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…
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，或是攻击削弱小区经理的形象。这往往是为了要达到termination（结束合同）的目的。但是，我们也察觉到了目前行业内许多律师会（不正确的）使用workplace bully来为小区经理提出诉讼。大家一定要明白，workplace bullying 并不适用与所有的committee纠纷。Workplace bullying在法律中有特定的意义。 法律中‘worker’的定义 在澳大利亚联邦公平工作法(The Fair Work Act 2009 (Cth))的定义内，‘worker’是任何在澳大利亚宪法内的行业中工作的人员。这包括了小区管理的小区经理。 在法律中，小区经理倘若是caretaking…
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…
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.…
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…
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…
MoreQueensland caretakers win again
Mahoneys secured another victory for caretakers in Queensland recently when the Queensland Civil and Administrative Tribunal handed down its decision…
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…
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…
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…
MoreVicarious liability
A common problem faced by employers is vicarious liability and their duty of care. A recent Supreme Court of Queensland…
MoreRecent victories for managers
Towards the end of 2017 we secured a number of victories for our clients in various situations and in various…
MoreSellers beware
At a recent forum held on the Gold Coast and attended by most of the leading management rights lawyers, accountants,…
MoreForget It!
Over the course of 2017 we have seen multiple cases of managers forgetting to exercise their options or failing to…
MoreMahoneys secures important – business saving – Christmas victory for caretaker
Mahoneys is currently acting for a caretaker in a termination dispute with a body corporate. Earlier in the dispute, Mahoneys…
MoreGet 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…
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…
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…
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)…
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…
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,…
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…
MoreLessons from The Rocks
Following the successful Court of Appeal decision relating to the resident manager at The Rocks Resort at Currumbin, it is…
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…
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…
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…
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…
MoreMahoneys 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…
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…
MoreBudget news
New residential premises – purchasers to pay GST The budget presented on 9th May proposed changes to the way GST…
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…
MoreDealing with breach notices
Breach notices and remedial action notices should be taken seriously and acted on immediately. Whilst this may sound obvious our…
MoreExercising options
We have written various articles over the years about the importance of diarising the dates by which your option/s must…
MoreAnother big management rights win for Mahoneys
Trojan Resorts v Body Corporate for the Reserve CTS Mahoneys has reaffirmed its position as the leader in management rights…
MorePPSA Guide
The Personal Property Securities Act 2009 (more commonly known as the PPSA) came into effect on 30 January 2012. Since…
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…
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…
MoreWhat have I bought?
I was recently asked to speak at a function where the attendees were predominantly resident managers who had purchased their…
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.…
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…
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’…
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…
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…
MoreKleenmaid 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…
MoreLate 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…
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…
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…
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…
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.…
MoreInternal promotion at Mahoneys
The partners of Mahoneys are pleased to announce that Mitchell Downes has been promoted to Partner effective 1 July 2016.…
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…
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…
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)…
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…
MoreReleases clause – special rules about interpretation
In a recent Supreme Court case (IBM Australia Pty Ltd v State of Queensland [2015] QSC 342), the State sued…
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