News & Insights

News & Insights

2022
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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2020
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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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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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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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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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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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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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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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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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…

More
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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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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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
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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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
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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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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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…

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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
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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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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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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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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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…

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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…

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