News & Insights

News & Insights

2022
08
Jun

By-Law Series – Part 4 – Enforcement

By: Mahoneys

In part 1 of our by-law series, we discussed what by-laws are legislated to provide for. In parts 2 and 3 we…

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06
Jun

Body Corporate Parking Issues

By: Mahoneys

Recently Mahoneys Partner Todd Garsden joined Will Marquand (Tower Body Corporate) and Nikki Jovicic (LookUpStrata) to discuss body corporate parking problems.…

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03
Jun

Joining a private practice – legal considerations

By: Mahoneys

Mahoneys lawyer Rhys Williamson recently joined other industry experts for a Royal Australasian College of Physicians (RACP) webinar focused on…

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24
May

Are you complying with new smoke alarm requirements?

By: Todd Garsden

Is the body corporate responsible for the new smoke alarm obligations? It has been well documented that new smoke alarm…

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19
May

Short-term letting issues

By: Mahoneys

Mahoneys’ Partner Amy McKee was featured in Resort News’ – the magazine for the accommodation industry professional – where she discussed…

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16
May

Article: Bodies Corporate Beware – QBCC delays impacting building defect claims

By: Francesca Barnes

With the ever expanding backlog of complaints being issued to the QBCC, the statutory time limits for building defect complaints…

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16
May

Mahoneys prepares ageing scheme for sale to developers

By: Ben Seccombe

Mahoneys continues to lead the way in the termination and sale of ageing community titles schemes in Queensland. After successfully…

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27
Apr

Mahoneys Recognised In Best Lawyers®

By: Mahoneys

We are pleased to announce that Mahoneys has been recognised in the 2023 Edition of Best Lawyers® in Australia. Congratulations…

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06
Apr

Mahoneys Recognised In Doyle’s

By: Mahoneys

Mahoneys has been recognised as a leading Queensland Property & Real Estate Law Firm in Doyle’s Guide to the Australian…

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05
Apr

Mahoneys welcomes 2 new lawyers

By: Mahoneys

Mahoneys recently welcomed Simon Watson and Jem Golaw to the firm. Recruited as part of the firm’s growth strategy: Simon…

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31
Mar

By-Law Series – Part 3 – By-law limitations continued

By: Mahoneys

In part 1 of our by-law series, we discussed what by-laws are legislated to provide for. In part 2 of…

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25
Mar

Don’t let your agreements or appointments let you down!

By: Amy ODonnell

It is rare that a week goes by that we are not asked to check an agreement, or review an…

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25
Mar

Are property prices affecting your letting pool?

By: Amy Mckee

A booming property market has seen Queensland property prices reach record highs. That is great news for sellers but perhaps…

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23
Mar

Land Access and Activity Notices (LAANs) – Your Rights

By: Mahoneys

Mahoneys dedicated Body Corporate team was featured in LookUpStrata’s magazine – where on pages 14 & 15 we discuss a…

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22
Mar

Employer or contractor? Recent guidance from the High Court and what medical practitioners should know

By: Rhys Williamson

Background In February 2022, the High Court handed down two significant rulings in relation to the distinction between contractors and…

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22
Mar

Contractor or employee? Your contract should spell it out

By: Sabrina Austin

Background In February this year, the High Court handed down two significant rulings in relation to both contractors and employees.…

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21
Mar

Mandatory Director Identification Number – approaching deadlines

By: Nicola Whalley

If you are a company director, or thinking of becoming one, you must now obtain a director identification number (or DIN). The…

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11
Mar

Importance of a good legal due diligence

By: Mahoneys

Mahoneys’ Partner Amy McKee was featured in Resort News’ most recent magazine for the accommodation industry – where she discussed the…

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08
Mar

By-Law Series – Part 2 – Limitations

By: Mahoneys

In part 1 of our by-law series, we discussed what by-laws are legislated to provide for. Sections 180 and 181…

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08
Mar

Virtual meetings and electronic execution now permanent

By: Sabrina Austin

Back in August 2021, Mahoneys brought you an article on the impending amendments to the Corporations Act 2001 (Cth) (Act),[1]which…

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16
Feb

By-Law Series – Part 1 – What by-laws are legislated to provide for

By: Mahoneys

By-laws are an integral part of the administration of a body corporate. In an earlier article we discussed the importance…

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01
Feb

Celebrating 20 years in business

By: Mahoneys

Today marks a significant milestone in the firm’s history – it is 20 years since Mahoney Lawyers commenced trading.   …

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01
Feb

Motel legislation

By: Amy ODonnell

We often hear the phrase that people are too busy working in their business to work on their business. This…

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19
Jan

OCBCCM Decision – Smoking in Bodies Corporate

By: Todd Garsden

Smoking in a community title scheme Nuisances (of all types) in community title schemes are one of the most motivating…

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12
Jan

Mahoneys featured in Resort News

By: Mahoneys

Mahoneys’ Partners John Mahoney and Amy McKee  were featured in Resort News’ most recent magazine for the accommodation industry professional.…

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2021
17
Dec

Can management rights agreements be “topped-up” more than once?

By: John Mahoney

John Mahoney was recently featured in Resort News where he discussed an article claiming that, contrary to current industry practice,…

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17
Dec

Statutory Remuneration Review Process

By: Ben Seccombe

We are constantly surprised by how few people are aware that the Body Corporate and Community Management Act (BCCMA) contains…

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17
Dec

What’s new in 2022? Residential Tenancy Amendments!

By: Amy ODonnell

The new residential tenancy laws were hot news when debated in parliament and eventually passed in October 2021, but not…

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13
Dec

New COVID restrictions for bodies corporate

By: Todd Garsden

On 17 December 2021 new covid-19 restrictions, linked to vaccination status, come into effect. Some of the restrictions will apply…

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10
Dec

Legal disputes in Strata – Part B

By: Mahoneys

In Part B of the two-part series, Mahoneys Partner Todd Garsden and Tyrone Shandiman (Strata Insurance Solutions) continue to discuss…

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10
Dec

Mahoneys featured in Resort News spotlight series

By: Mahoneys

Mahoneys Partner John Mahoney was featured in Resort News’ spotlight on the Brisbane managements rights sector. Having being involved in…

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08
Dec

Defective building work in the news again

By: Mahoneys

As reported in the Courier Mail over the weekend, defective building work continues to be a significant issue for bodies…

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07
Dec

Strategies for boosting financial wealth

By: Mahoneys

Mahoneys Partner Antony Harrison recently joined Paul Copeland (William Buck Accountants), Scott Montefiore (William Buck Qld) and Chris Mariani (Medical…

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03
Dec

Legal disputes in Strata – Part A

By: Mahoneys

In Part A of a two-part series, Mahoneys Partner Todd Garsden discusses legal disputes with Tyrone Shandiman (Strata Insurance Solutions)…

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01
Nov

Is it better to bestow gifts while you’re alive or in your Will?

By: Cath Champion

We often are asked about making gifts during your lifetime (called inter vivos gifts[1]) or whether to deal with them…

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25
Oct

Important Medical Practice Payroll Tax Decision

By: Antony Harrison

Thomas and Naaz – the latest court case and what medical practices need to know. Authors: Antony Harrison and Sabrina…

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22
Oct

Increased protections against unfair contract terms

By: Sabrina Austin

In early September, the government released the proposed amendments to the unfair contract terms regime under the Australian Consumer Law…

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19
Oct

Is your buyer made of the right stuff?

By: Amy ODonnell

We are seeing plenty of transactions at the moment. But now, more than ever, you need to think about who…

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19
Oct

A valuable lesson for caretakers

By: William Kenny

A recent decision of the District Court in Queensland has demonstrated the serious consequences of an under-performing manager. The decision…

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19
Oct

Mandatory Director Identification Numbers

By: Nicola Whalley

Company directors should be aware of new laws coming into effect relating to the introduction of Director Identification Numbers (DIN).…

More
06
Oct

Can management rights agreements be “topped-up” more than once?

By: Mahoneys

An article was recently published claiming that, contrary to current industry practice, management rights agreements cannot be “topped-up” more than…

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06
Oct

Article – Can management rights agreements be “topped-up” more than once?

By: Mahoneys

By Holly Dunne, lawyer at Mahoneys Can management rights agreements be “topped-up” more than once? It is current industry practice…

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01
Oct

BCsystems manager forum

By: Mahoneys

Last night Mahoneys partners John Mahoney and Todd Garsden  joined Trudy Crooks (Resort Brokers), Matthew Savage (BCsystems) and approximately 100…

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27
Sep

Don’t let your letting appointments let you down!

By: John Mahoney

It is rare that a week goes by that I am not asked to look at a letting appointment –…

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27
Sep

Mahoneys featured in Resort News

By: Mahoneys

Mahoneys was featured in the latest edition of Resort News, where John Mahoney discussed: whether body corporate by-laws could be…

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27
Sep

Starting a private practice

By: Mahoneys

Mahoneys partner Antony Harrison recently presented on The Royal Australasian College of Physicians (RACP) webinar focusing on the benefits, challenges and…

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23
Sep

Mahoneys supports open letter to governments

By: Mahoneys

Mahoneys has recently joined the growing number of Australian businesses supporting the Business Council’s Australia open letter to governments. The…

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02
Sep

Bodies corporate and Airbnb

By: Mahoneys

Author: John Mahoney & Todd Garsden A number of body corporate lawyers have recently published articles claiming that bodies corporate…

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02
Sep

By-laws cannot prevent holiday letting

By: Mahoneys

By Mitchell Downes, a former Mahoneys partner now practising as a barrister. This paper has been prepared in response to…

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01
Sep

Starting a private practice

By: Mahoneys

Mahoneys partner Antony Harrison recently presented to a room full of specialists at the Gold Coast Private Hospital (GCPH) on the…

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30
Aug

What makes a successful resident manager

By: John Mahoney

Almost 30 years ago at the first management rights information seminar at which I presented, one of the first speakers…

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27
Aug

Mahoneys featured in Resort News magazine

By: Mahoneys

Mahoneys’ partners John Mahoney and Amy McKee  were featured in Resort News magazine: John provided an update on the significant…

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25
Aug

Victoria – Update on off-the-plan term limits

By: John Mahoney

As we reported in early 2020 the Victorian Government introduced legislation which sought to limit the term of management rights…

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18
Aug

Mahoneys welcomes 3 new lawyers

By: Mahoneys

Mahoneys recently welcomed lawyers Nicola Whalley, Sabrina Austin and Holly Dunne to the firm. Recruited as part of the firm’s…

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13
Aug

Technology and the Corporations Act: recent amendments and what they mean for you

By: Sabrina Austin

The Australian Government is in the process of amending the Corporations Act so that companies can use technology to hold…

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11
Aug

What to do if you receive a LAAN notice

By: Todd Garsden

We have seen a significant increase in telecommunication providers seeking to access a body corporate scheme via a land access…

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11
Aug

Starting a Private Practice

By: Mahoneys

Mahoneys partner  Antony Harrison presented as part of The Royal Australasian College of Physicians (RACP) webinar focusing on the benefits, challenges…

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06
Aug

Service Provider of the Year

By: Mahoneys

Mahoneys has been awarded Australian Resident Accommodation Managers Association (ARAMA) Service Provider of the Year for the third year in…

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28
Jul

Mahoneys Promotes 3 Lawyers

By: Mahoneys

Mahoneys Partners are pleased to announce the following promotions, which will take effect from 1 August: Cath Champion, a lawyer…

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23
Jul

Approving major maintenance and improvement projects

By: Todd Garsden

Bodies corporate are no strangers to carrying out large or expensive projects. These projects can include: scheduled body corporate maintenance…

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08
Jul

Change to casual employment arrangements

By: Cath Champion

Recent amendments to the Federal Fair Work Act 2009 have changed the workplace entitlements and obligations for casual employees. The…

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01
Jul

Managing Building Defects

By: Ben Seccombe

Resident managers in new or near new complexes will be aware of the difficulties that can arise when dealing with…

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01
Jul

Change to Casual Employment Arrangements

By: Amy Mckee

Recent amendments to the Federal Fair Work Act 2009 have changed the workplace entitlements and obligations for casual employees. The…

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26
Jun

Application dismissed in Kirribilli Heights adjudication

By: Mahoneys

Mahoneys successfully acted for the Kirribilli Heights Body Corporate in having an application brought against it dismissed. This decision considered…

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24
Jun

Mahoneys presents to RACP members

By: Mahoneys

Mahoneys Partner Antony Harrison recently joined Paul Copeland (William Buck), Scott Montefiore (Hillross Montefiore & Co) and Chris Mariani (Medical…

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16
Jun

Amendments to the Franchising Code: what it means for you

By: Sabrina Austin

From 1 July 2021, changes to the Franchising Code of Conduct (Code) [1] will be rolled out to address the…

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15
Jun

Franchising Code changes: what it means for you

By: Mahoneys

From 1 July 2021, changes to the Franchising Code of Conduct will be rolled out to address the perceived power…

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15
Jun

Management Rights, Leasebacks & Covid-19

By: John Mahoney

As readers of previous articles I have written will be aware, I have never been a great fan of leasebacks.…

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08
Jun

Mahoneys gets application dismissed in Watermark Residences adjudication

By: Mahoneys

Mahoneys successfully acted for the Watermark Residences body corporate in having an application brought against it, by two lot owners,…

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08
Jun

Watermark Residences – When not to make and adjudication application

By: Mahoneys

In Watermark Residences two lot owners sought to invalidate an annual general meeting that had been called in a way…

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31
May

Mahoneys featured in Resort News magazine

By: John Mahoney

Mahoneys Partner John Mahoney was featured in this month’s Resort News magazine  click here for Resort News Article  where he…

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24
May

Mahoneys featured in LookUpStrata magazine

By: Mahoneys

Mahoneys dedicated Body Corporate team was featured in – Lookup Strata Magazine where on pages 4 & 5 we discuss…

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01
May

Lease obligations

By: Amy ODonnell

What are you lease obligations? When you are in the trenches and focused on running your motel it is easy…

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30
Apr

Mahoneys enhances its litigation capability

By: Mahoneys

Mahoneys recently welcomed experienced litigators Felicity Dore and Francesca Barnes to the firm. Recruited as part of the firm’s growth…

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27
Apr

Guide To Body Corporate Building Defects

By: Mahoneys

Earlier today Mahoneys Partner Ben Seccombe joined Lynda Kypriadakis ([Diverse Group]) and Dr. Nicole Johnston ([Deakin University]) – at Australian…

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06
Apr

Mahoneys 的贡献得到了小区经理的认可

By: Mahoneys

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…

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24
Mar

Webinar – New Body Corporate Regulations

By: Mahoneys

Mahoneys Partner Todd Garsden joined Nikki Jovicic today for LookUpStrata’s New Regulation Modules webinar – where approx. 120 people tuned…

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22
Mar

How to gift your wealth

By: Mahoneys

Last week Mahoneys Partner Antony Harrison sat down with the Professional Medical Practice to discuss the options that a person…

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19
Mar

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

By: Cath Champion

Why have an EPOA An EPOA allows you (the Principal) to appoint person/s (the Attorney/s) to make decisions about personal…

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19
Mar

Mahoneys featured in Resort News March 2021

By: Mahoneys

Mahoneys Partner Amy McKee, was featured in this month’s Resort News magazine (Resort News March 2021)– where she discusses what…

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09
Mar

Setting up a private medical practice

By: Mahoneys

Last week Mahoneys Partner Antony Harrison joined Paul Copeland (from William Buck) and Scott Montefiore (from Hillross Montefiore & Co)…

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25
Feb

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

By: Amy ODonnell

We have all heard these terms, and we all know that we need to be aware of the key dates…

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25
Feb

New Body Corporate Regulations

By: John Mahoney

As some of you may have heard, a raft of new body corporate laws will commence 1 March 2021. Whilst most…

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24
Feb

Preparing for the new regulations

By: Mahoneys

Over the last month or so Mahoneys Partner Todd Garsden has been helping the body corporate industry prepare for the…

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12
Feb

High Court Success for Dr Ridd

By: Mahoneys

As reported in the media yesterday, Mahoneys were Dr Ridd’s instructing solicitors for his successful application for special leave to…

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01
Feb

Preparing for Sale

By: Amy ODonnell

Are you ready when the right buyer knocks? Ignoring the recent lockdown in Brisbane, the end of 2020 was starting…

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28
Jan

Discrimination in Bodies Corporate

By: Jarrod Clarke

In addition to specific body corporate legislation and regulations, bodies corporate are bound by other acts. An area that is…

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25
Jan

Mahoneys featured in Resort News

By: Mahoneys

Mahoneys Special Counsel, Nicole Cleary, was featured in this month’s Resort News – where she discusses what impact COVID-19 might…

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20
Jan

Are you ready for the new regulation modules?

By: Todd Garsden

This article summarises the changes and what body corporate managers need to do (in addition to communicating the changes to…

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2020
22
Dec

超过 100 名小区经理参MAHONEYS 圣诞活动

By: Mahoneys

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…

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22
Dec

Understanding your caretaking duties

By: William Kenny

There is no doubt that there are today many more disputes about caretaking duties. Most of these are a consequence…

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22
Dec

Is your buyer up to scratch?

By: Michelle Lim

In previous articles, we covered taking steps to prepare for your sale well in advance. To recap: Letting appointments –…

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17
Dec

Over 100 managers attend Mahoneys event

By: John Mahoney

In a year of limited face to face events, we were pleased to have over 100 management rights caretakers attend…

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17
Dec

Unfair contract term laws: important changes and IP agreements

By: Rhys Williamson

Upcoming changes to the unfair contract term laws mean any business that requires customers or small business commercial partners to…

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09
Dec

Leasing or licencing common property

By: Todd Garsden

If the common property is going to be used in a way which is substantial, permanent or could interfere with…

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30
Nov

Presumption of Regularity in Bodies Corporate

By: Jarrod Clarke

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

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23
Nov

Mahoneys secures a victory for its clients in the Supreme Court

By: Anders Mahoney

Mahoneys acted for the successful applicants in Hilas & Anor v GGPG Developments (No 133) Pty Ltd & Anor [2020]…

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19
Nov

Selling common property

By: Todd Garsden

Our previous article discussed a number of ways in which car parks in a scheme can be created and swapped.…

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19
Nov

Business interruption insurance and COVID-19

By: Mahoneys

Yesterday, a full bench of the New South Wales Court of Appeal unanimously held that that an exclusion in a…

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12
Nov

Car park reconfiguration

By: Todd Garsden

Parking, one of the four “Ps” for bodies corporate, is a common problem area that body corporate committees have to…

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10
Nov

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

By: Cath Champion

Over the last couple of years various states have introduced a duty and land tax surcharge on residential property owned by…

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05
Nov

Payroll Tax Alert

By: Antony Harrison

The AMA (NSW) has reportedly recently been in touch with its members to warn of payroll tax audits and the…

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04
Nov

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

By: Mahoneys

Mahoneys Commercial Partner, Antony Harrison, was delighted to be invited to take part in ‘Starting in Private Practice’ – a…

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04
Nov

A duty exemption for small business restructures – at last!

By: Antony Harrison

Initially published 4 November 2020. Updated following OSR expansion issued on 21 July 2021. One of the biggest problems with…

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23
Oct

Removing an elected Body Corporate Committee Member

By: Jarrod Clarke

Body corporate committees are comprised of lot owners or individuals authorised to represent lot owners. But for restricted matters, committees…

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23
Oct

Marina berths in bodies corporate

By: Todd Garsden

A marina berth can be a selling point for a community title scheme – if the body corporate is on…

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12
Oct

Protecting your trade mark

By: Rhys Williamson

Your business is making some serious cash – or it’s about to. Customers are raving about what you do –…

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09
Oct

Temporary relief for bodies corporate

By: Todd Garsden

For a second week in a row, we have a second round of new body corporate legislation. This time it’s…

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07
Oct

Caretaking agreements and negative inflation

By: Todd Garsden

As a general rule, the remuneration under a caretaking agreement increases every year. However with a negative annual inflation rate…

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01
Oct

Senior Appointments

By: Mahoneys

Despite the challenges that 2020 has visited upon us all, Mahoneys remains focused on the long term success of the…

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30
Sep

New Body Corporate Laws

By: Todd Garsden

The new regulation modules pursuant to the Body Corporate and Community Management Act 1997 (Qld) have now been finalised and…

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15
Sep

Defamation in bodies corporate

By: Ben Sandford

It’s an all too common occurrence – tempers can flare when people are forced to come into contact with others…

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15
Sep

Development offences in bodies corporate

By: Ben Sandford

In Queensland the Planning Act (2016) provides the framework under which all residential development work is performed. When a new…

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15
Sep

Recovering body corporate costs from owners

By: Todd Garsden

Aside from the recovery of levies, the Body Corporate and Community Management Act 1997 (Qld) (BCCMA) gives bodies corporate a…

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10
Sep

Changing the body corporate’s financial year

By: Todd Garsden

The body corporate’s financial year is different to the financial year most people are familiar with – it does not…

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11
Aug

Educating new entrants and making assignments easier

By: Will Kenny

For some time now, there has been discussion amongst industry stakeholders about the need to simplify the assignment process. There…

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07
Aug

Management rights assignments for bodies corporate

By: Todd Garsden

Despite the body corporate being a party to the management rights agreements (Agreements), they are usually only involved toward the…

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17
Jul

Maintenance obligations

By: Mahoneys

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

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17
Jul

Dealing with Body Corporate disputes

By: Mahoneys

In bodies corporate it is inevitable that, from time to time, disputes will occur. Fortunately, in Queensland there are numerous…

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16
Jul

ARAMA Award

By: Mahoneys

Mahoneys has been awarded Australian Resident Accommodation Managers Association (ARAMA) Service Provider of the Year for the second year running.…

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03
Jul

Update to social distancing requirements applying to bodies corporate

By: Todd Garsden

New social distancing requirements that affect bodies corporate come into effect from midday on 3 July 2020. The changes from…

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03
Jul

Maintenance obligations

By: Todd Garsden

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

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03
Jul

Dealing with Body Corporate Disputes

By: Ben Seccombe

In bodies corporate it is inevitable that, from time to time, disputes will occur. Fortunately, in Queensland there are numerous…

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19
Jun

Social distancing requirements for bodies corporate?

By: Todd Garsden

There have been over 60 public health directives issued by the Queensland Health Department since the start of COVID –…

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19
Jun

Managers Must Not Project Manage

By: John Mahoney

In Queensland individuals and companies must hold a QBCC licence to carry out building work valued at over $3,300. Most…

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19
Jun

Short Term Letting Businesses – Are You Good To Go?

By: Amy Mckee

Each day is looking better than the last.  The phones are ringing more in the last week than they have…

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19
Jun

Mahoneys fighting for managers

By: John Mahoney

Many readers will have seen in the press that Mahoneys recently launched legal action in the High Court on behalf…

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10
Jun

The first virtual general meeting has been challenged

By: Todd Garsden

The interim orders in Watermark Residences [2020] QBCCMCmr 306 provides some relief for bodies corporate that held virtual general meetings…

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05
Jun

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

By: Rhys Williamson

The Full Court of the Federal Court in Commissioner of Patents v Rokt Pte Ltd [2020] FCAFC 86  (Rokt Appeal) …

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05
Jun

Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020

By: Amy ODonnell

It has been almost 2 months since the National Cabinet announced the Code of Conduct and finally, the Retail Shop…

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29
May

Making sure your by-laws are correct

By: Todd Garsden

Given the recent lockdowns that have forced many occupiers to spend more time within their lots, interferences between occupiers have…

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29
May

Statutory reviews – a process to change your caretaking agreement

By: Ben Seccombe

When a new community title scheme is established the developer has an obligation – to both the body corporate and…

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19
May

Urgent changes to the Body Corporate and Community Management Act

By: Todd Garsden

On 19 May 2020 the Queensland Parliament has introduced the Justice and Other Legislation (COVID-19 Emergency Response) Amendment Bill 2020…

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15
May

Reopening pools in a body corporate because of COVID-19

By: Todd Garsden

Pools can now be reopened after 15 May 2020. The Queensland Government has released its roadmap to easing restrictions. As…

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14
May

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

By: Rhys Williamson

A recent Australian Patent Office decision of Facebook, Inc. [2020] APO 19 may signal a relaxation of its view on…

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05
May

Management rights options and variations during COVID-19

By: Todd Garsden

Many things have changed for bodies corporate and resident managers and how they manage their affairs in light of the…

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01
May

Liability for Building Defects

By: Ben Seccombe

An issue that arises frequently in strata title buildings is building defects. Despite many laws being passed to help consumers…

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29
Apr

Body corporate spending limits

By: Todd Garsden

It is important that bodies corporate and body corporate managers ensure costs are properly managed. That includes complying with body…

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27
Apr

Covid-19 – Residential Tenancies

By: Amy ODonnell

We finally have some certainty in relation to the amended legislation for residential tenancies. Late on Wednesday night (22nd April…

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23
Apr

Body corporate cost cutting during COVID-19

By: Todd Garsden

Body corporate levies are one of the first items of expenditure owners don’t pay in tough times. Committees need to…

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17
Apr

Levy recovery during COVID-19

By: Todd Garsden

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

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14
Apr

Closing facilities in a body corporate

By: Todd Garsden

It has been well publicised that bodies corporate must close their swimming pools. However, how that is to take place…

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08
Apr

Non-contact estate planning during COVID-19

By: Cath Champion

In these uncertain times, more and more people are starting to think about drawing up a Will. But what does…

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07
Apr

How to manage work orders during COVID-19

By: Todd Garsden

This guidance for bodies corporate and body corporate managers is to provide a way to manage risks in carrying out…

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06
Apr

UPDATE – Fair Work Commission amends 99 awards during COVID -19 outbreak

By: Mahoneys

On 8 April 2020, the Fair Work Commission varied 99 awards during the coronavirus pandemic to include the following: An…

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31
Mar

COVID-19 guidance for bodies corporate

By: Todd Garsden

Guide to coronavirus isolation or lockdown in a body corporate This document is intended to provide body corporate managers and…

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25
Mar

Management Rights and the Coronavirus – some guidance amongst the uncertainty

By: John Mahoney

You will be unsurprised to learn that over the past few days we have fielded many questions from resident managers…

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24
Mar

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

By: Antony Harrison

At Mahoneys, our Commercial Lawyers are seeing a growing number of clients coming to us for help after being told…

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18
Mar

Bankruptcy: Equitable interests in the matrimonial home

By: Mahoneys

Practitioners in bankruptcy often encounter estates where the matrimonial home is owned by the non-bankrupt spouse. There are circumstances in…

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18
Mar

Mahoneys supports SCA conference

By: Mahoneys

Last week Ben Seccombe and Todd Garsden] (pictured) contributed to another successful Strata Community Association (Qld) conference. Ben took part…

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10
Mar

The limits of committee powers

By: Todd Garsden

The committee will make the majority of the decisions for the body corporate. This is because the committee has the…

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10
Mar

Rights over common property

By: Todd Garsden

There are a number of ways rights over the common property can be obtained. This can relate to spare car…

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09
Mar

Supporting the medical industry

By: Mahoneys

Last weekend Mahoneys Partner Antony Harrison presented at The Royal Australasian College of Physician (Qld) “Understanding your Finances” workshop where…

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04
Mar

Mahoneys acts on sale of a cyber security and ICT business

By: Mahoneys

Mahoneys recently acted on the sale of a cyber security and ICT infrastructure business to a large private equity fund.…

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04
Mar

What health care practices should consider when engaging practitioners

By: Rhys Williamson

There are a number of ways health care practices can structure their business and engage health care practitioners to work…

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03
Mar

New risks for body corporate managers who carry out secretary duties

By: Todd Garsden

A recent adjudicator’s order has wide-ranging implications for body corporate managers who have been engaged to take on some or…

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28
Feb

Section 73 composition set aside by the Federal Court

By: Mahoneys

Deputy Commissioner of Taxation v Zappia [2019] FCA 2152. A pithy judgment of Jagot J provides helpful guidance on the…

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20
Feb

Statutory Remuneration Review Process

By: Ben Seccombe

We are constantly surprised by how few people are aware that the Body Corporate and Community Management Act (BCCMA) contains…

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20
Feb

You Cannot Be Serious!

By: John Mahoney

In the many years in which I have been practising in the area of management rights I have heard some…

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19
Feb

Todd Garsden joins Mahoneys

By: Todd Garsden

We are pleased to announce that Todd Garsden formerly a partner at a specialist body corporate firm, has joined Mahoneys.…

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18
Feb

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

By: Rhys Williamson

Transfer pricing laws and why it’s time to review your profits With the Australian Tax Office (ATO) continuing to target…

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18
Feb

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

By: Mitchell Downes

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

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17
Feb

Amy O’Donnell joins Mahoneys

By: Mahoneys

We are pleased to announce that Amy O’Donnell (pictured with John Mahoney) has joined Mahoneys. Amy is an experienced property…

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13
Feb

Supporting the Management Rights Industry

By: Mahoneys

Mahoneys has been a long-time supporter of the Australian Resident Accommodation Managers Association (ARAMA). Formed in 1991, ARAMA is the…

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15
Jan

Victoria to limit term of management rights agreements

By: John Mahoney

In a move which has caught the industry by surprise the Victorian Government has introduced legislation which seeks to limit…

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2019
12
Dec

Mahoneys appoints new Management Rights Partner

By: Mahoneys

  Mahoneys is pleased to announce the appointment of Amy McKee as a Partner of the firm’s Gold Coast office…

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11
Dec

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

By: Rhys Williamson

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

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29
Nov

Mahoneys helps sell Aegean Management Rights to consortium of investors

By: Mahoneys

  Mahoneys recently acted on the sale of the Aegean Apartments management rights to a consortium of management rights investors.…

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26
Nov

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

By: Antony Harrison

A recent court decision in Victoria is a timely reminder for medical and allied health practices operating under a shared…

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21
Nov

Over 130 caretakers attend Mahoneys compliance event

By: Mahoneys

We had over 130 management rights caretakers at our final event of the year to hear from industry leaders –…

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12
Nov

Mahoneys secures $220,000 compensation for wrongful termination

By: Mahoneys

Mahoneys has successfully acted for the manager of the Sands Holiday Apartments (Gold Coast) over the wrongful termination of the…

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06
Nov

The crucial difference between exercising options and top-ups

By: Amy Mckee

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

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31
Oct

Avoiding disputes

By: John Mahoney

As I began to gather my thoughts before writing this article, I thought back to the night of the ARAMA…

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31
Oct

Stop reading this article

By: John Mahoney

Instead, go and check the option exercise dates in your management rights agreements and deeds of variation where you or…

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23
Oct

Mahoneys awarded Service Provider of the Year

By: Mahoneys

Our firm was awarded Service Provider of the Year at the inaugural Australian Resident Accommodation Managers Association (ARAMA) awards in…

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18
Oct

Guide to Health Privacy

By: Rhys Williamson

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

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09
Sep

Mahoneys’ $1.2 million victory in Ridd case

By: Mahoneys

Mahoneys has successfully acted for Dr Peter Ridd in his high-profile case against James Cook University (JCU). Last Friday, the…

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06
Sep

Commissioner’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

By: Cath Champion

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

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01
Aug

What the end of NRAS Means for Management Rights

By: Will Kenny

There has been recent conjecture amongst industry stakeholders about the impact on management rights businesses once the incentive period under…

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01
Aug

Assignments made difficult

By: John Mahoney

A few short years ago I wrote an article “Let’s not kill the goose” where I expressed concern that the…

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12
Jul

Medicare shared debt “claw back” scheme

By: Antony Harrison

The way that medical rooms are managed, and in particular – how Medicare benefits have been claimed – has changed…

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15
May

Trade mark intra-group licensing – control your trade marks

By: Rhys Williamson

An entity that owns a trade mark but does not use it (for example, when the registered owner licenses the…

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13
Mar

Published Australian Patent Office decisions – February 2019 Review

By: Mahoneys

The following review of published Australian Patent Office decisions in February 2019 may be useful for IP practitioners, patent attorneys,…

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13
Mar

Everything managers need to know about voting

By: Will Kenny

When a general meeting is coming up, resident managers often ask Mahoneys how to best approach owners for their support…

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07
Mar

Published Australian Patent Office decisions – January 2019 Review

By: Rhys Williamson

1.  The following review of published Australian Patent Office decisions in January 2019 may be useful for IP practitioners, patent…

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07
Mar

Anti-competition laws will soon apply to IP arrangements

By: Rhys Williamson

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

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01
Mar

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

By: Rhys Williamson

If you registered security interests on the PPSR when it launched seven years ago, you would be wise to check…

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11
Feb

The compliance challenge

By: John Mahoney

In this modern world of extreme regulatory control it should perhaps come as no surprise to most readers that there…

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25
Jan

Mahoneys secures costs for resident manager in landmark QCAT victory

By: Mitchell Downes

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

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25
Jan

Why a lot owner deed is so important

By: John Mahoney

A recent decision of the Office of the Commissioner for Body Corporate and Community Management (OCBCCM) has highlighted the importance…

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2018
18
Dec

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

By: Rhys Williamson

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

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13
Dec

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

By: Cath Champion

This article explores the role of the enduring power of attorney to effectively make a binding death benefit nomination after…

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22
Nov

Unpacking recent changes to Australia’s IP legislation

By: Rhys Williamson

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

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22
Nov

Medical practice structuring and home ownership

By: Antony Harrison

Structuring your medical practice to protect the family home Are you a medical practitioner? Trading as a trust may be…

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12
Nov

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

By: Mahoneys

We are pleased to announce a further victory for one of our resident manager clients in the Queensland Civil and…

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02
Nov

War, what is it good for?

By: Will Kenny

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

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31
Oct

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

By: Mahoneys

An exploration of how body corporate committee members have a legal responsibility to carry out their duties judiciously – particularly…

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08
Oct

Mahoneys 又一次为小区经理取得胜利

By: Mahoneys

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…

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19
Sep

Mahoneys wins again for resident managers

By: Mahoneys

Mahoneys has secured yet another win for resident managers in the Queensland Civil and Administrative Tribunal. The trial was hard…

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22
Aug

行业快讯: 小区经理遭到Committee欺压怎么办?

By: Ben Seccombe

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…

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08
Aug

Industry update: Caretaker bullying by bodies corporate

By: Ben Seccombe

Back in 2015, Mahoneys acted for the first caretaker recognised by the Fair Work Commission as a ‘worker’ for the…

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26
Jul

Franchise agreements, trade marks and Australian consumer law

By: Mahoneys

A franchise is a business arrangement that allows a person to operate under the name of an already established business.…

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29
Jun

The goose, the golden egg and the assignment

By: John Mahoney

In an article I wrote some 5 years ago I expressed concern at a trend in management rights of inexperienced…

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27
Jun

Uncertainty around short term letting

By: John Mahoney

For a variety of reasons we have in recent months fielded many enquiries about short term lettings. Some clients have…

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22
Jun

Queensland caretakers win again

By: Ben Sandford

Mahoneys secured another victory for caretakers in Queensland recently when the Queensland Civil and Administrative Tribunal handed down its decision…

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16
May

The lesson of Lululemon – exchanges, returns and consumer guarantees

By: Mahoneys

Luxury athletic apparel company Lululemon Athletica Australia Pty Ltd (Lululemon) found out the hard way that global businesses who apply…

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17
Apr

The power of appointment of trusts

By: Wesley Hill

A recent case involving a prominent South Australian wine-making family highlighted the importance of making sure that control of a…

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23
Mar

Development Approval – enforcement orders

By: Mahoneys

In Pike v Tighe [2018] HCA 9 (14 March 2018) the High Court held that the Development Approval condition attaches to the land…

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30
Jan

Vicarious liability

By: Mahoneys

A common problem faced by employers is vicarious liability and their duty of care. A recent Supreme Court of Queensland…

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17
Jan

Recent victories for managers

By: Ben Seccombe

Towards the end of 2017 we secured a number of victories for our clients in various situations and in various…

More
17
Jan

Sellers beware

By: John Mahoney

At a recent forum held on the Gold Coast and attended by most of the leading management rights lawyers, accountants,…

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17
Jan

Forget It!

By: John Mahoney

Over the course of 2017 we have seen multiple cases of managers forgetting to exercise their options or failing to…

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2017
22
Dec

Mahoneys secures important – business saving – Christmas victory for caretaker

By: Mahoneys

Mahoneys is currently acting for a caretaker in a termination dispute with a body corporate. Earlier in the dispute, Mahoneys…

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08
Nov

Get that top up right!

By: John Mahoney

Extending the terms of management and letting agreements is something dear to the hearts of most resident managers. The way in…

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01
Nov

What an affidavit is and how is one taken?

By: Mahoneys

An affidavit is the evidence of a witness in written form. It is a document that is sworn on oath…

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23
Oct

Exciting changes to bankruptcy to promote entrepreneurial activity

By: Mahoneys

Readers may remember the Commonwealth government previously announcing a plan to reduce the term of an ordinary bankruptcy from three…

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12
Sep

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

By: Mahoneys

Late last night (11 September 2017), the Senate passed into law the Treasury Laws Amendment (2017 Enterprises Incentives No 2)…

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24
Aug

When a judgment isn’t the end

By: Mahoneys

On 17 August 2017 in the matter of Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28, the…

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24
Aug

Off the plan – off the boil?

By: John Mahoney

With the huge number of new unit projects coming on line in the past couple of years, and more following,…

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24
Aug

Multiple versions of POA Form 6 causing unnecessary concern

By: Nicole Cleary

Most of our readers will be aware of the multiple versions of the POA form 6 that have been released…

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24
Aug

Lessons from The Rocks

By: John Mahoney

Following the successful Court of Appeal decision relating to the resident manager at The Rocks Resort at Currumbin, it is…

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20
Jul

Body Corporate Debt Recovery Changes: Good or Bad?

By: Ben Seccombe

In February 2017, the Commercial and Property Law Research Centre issued its Final Report on a myriad of proposed changes…

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12
Jul

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

By: John Mahoney

The District Court recently had to consider if a deposit payable under a house sale contract was paid on the…

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14
Jun

Bodies corporate may now have a tougher time recovering costs

By: Mahoneys

Recently, Mahoneys appeared for the appellant before Judge Butler SC of the District Court of Queensland in the matter of…

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24
May

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

By: Will Kenny

From 30 June 2017, an accommodation scheme which has received an official accreditation from Star Ratings Australia will no longer…

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22
May

Mahoneys secure massive win for managements rights industry

By: Mahoneys

A recent decision by the Queensland Court of Appeal has clarified the way in which management rights operators can charge…

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19
May

What is accessorial liability?

By: Mahoneys

Accessorial liability in the civil context goes back (at least) as far as Selbourne LC’s speech in Barnes v Addy…

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15
May

Budget news

By: Mahoneys

New residential premises – purchasers to pay GST The budget presented on 9th May proposed changes to the way GST…

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05
May

Why you need expertise up front

By: John Mahoney

Perhaps unsurprisingly many new entrants to the management rights industry look to save money on legal and other fees when…

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05
May

Dealing with breach notices

By: Mahoneys

Breach notices and remedial action notices should be taken seriously and acted on immediately. Whilst this may sound obvious our…

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05
May

Exercising options

By: Mahoneys

We have written various articles over the years about the importance of diarising the dates by which your option/s must…

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03
May

Another big management rights win for Mahoneys

By: Mahoneys

Trojan Resorts v Body Corporate for the Reserve CTS Mahoneys has reaffirmed its position as the leader in management rights…

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29
Mar

PPSA Guide

By: Mahoneys

The Personal Property Securities Act 2009 (more commonly known as the PPSA) came into effect on 30 January 2012. Since…

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23
Mar

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

By: Antony Harrison

You may have heard that some states in Australia have introduced a duty and/or land tax surcharge for foreign persons…

More
19
Jan

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

By: Mahoneys

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

More
2016
19
Dec

What have I bought?

By: John Mahoney

I was recently asked to speak at a function where the attendees were predominantly resident managers who had purchased their…

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19
Dec

The importance of letting appointments

By: Mahoneys

A letting appointment is a manager’s contract with an owner. That contract authorises a manager to let an owner’s lot.…

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19
Dec

I want my top up

By: John Mahoney

Top ups, the process by which the term of management rights agreements are extended, is an essential component of the…

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13
Oct

Bodies Corporate and the obligation to act reasonably

By: Ben Seccombe

by Ben Seccombe – Partner & co written by Max Walker The concept of ‘reasonableness’ and what amounts to acting ‘reasonably’…

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29
Sep

Unfair contract terms outlawed when dealing with small business

By: Mahoneys

On Saturday 12 November 2016, a new law will come into effect. One that prohibits unfair contract terms in standard…

More
12
Sep

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

By: Mahoneys

The potential for bankruptcy to affect a beneficiary under a deceased estate poses significant problems for inter-generational wealth planning. When…

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25
Aug

Kleenmaid director sentenced to 9 years jail

By: Mahoneys

The Kleenmaid group of companies suffered a high profile collapse in 2009. A former director of one of the Kleenmaid…

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05
Aug

Late payment fees upheld by High Court

By: Mahoneys

On 27 July 2016 the High Court handed down the much anticipated judgment in Paciocco v Australia and New Zealand…

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18
Jul

When all else fails, do you sack the committee?

By: John Mahoney

Experience in the management rights industry gained over more than 25 years tells me that the best run buildings are…

More
18
Jul

High Court to determine unreasonableness test

By: Ben Seccombe

Mahoneys are again at the forefront of judicial decision making in a body corporate dispute soon to be determined by…

More
07
Jul

What you must do before going into business

By: Mahoneys

Caught up in the thrill of the new, parties often neglect to consider what will happen if things go sour…

More
07
Jul

Save yourself a world of pain with a shareholders agreement

By: Antony Harrison

With ventures involving more than one person, lawyers, accountants and financial advisors will usually recommend some form of shareholders agreement.…

More
04
Jul

Internal promotion at Mahoneys

By: Mahoneys

The partners of Mahoneys are pleased to announce that Mitchell Downes has been promoted to Partner effective 1 July 2016.…

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19
May

Compliance deadlines loom for SMSF’s as 30 June approaches

By: Mahoneys

by Marek Reardon – Special Counsel The approach of 30 June heralds an increase in activity in business compliance activity in many…

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27
Apr

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

By: John Mahoney

This issue arose when we were consulted by an onsite manager of a complex originally approved and operated as a…

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08
Apr

Tax law amendment smooths way for small business restructuring

By: Mahoneys

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

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15
Feb

Making the most from POA

By: John Mahoney

By the time this article is published I expect that the ARAMA Roadshow being conducted throughout the State will be…

More
20
Jan

Releases clause – special rules about interpretation

By: Mahoneys

In a recent Supreme Court case (IBM Australia Pty Ltd v State of Queensland [2015] QSC 342), the State sued…

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