Nurisvan Investment Limited & Anor v Anyoption Holdings [2017] VSCA 141

By Tim Elliott • In Commercial Law, Dispute Resolution, Law, Litigation, Property LawComments Off on Nurisvan Investment Limited & Anor v Anyoption Holdings [2017] VSCA 141

The abovementioned appeal considered whether an unsigned deed or contact can in fact be binding. This issue is often a factual scenario faced by legal practitioners every day in advising their clients in circumstances where clients have not fully completed their paperwork. At first instance, the Respondent had succeeded and

Read More

Insolvency and Property Sales – Deposit Entitlement after Bankruptcy

By Tim Elliott • In Dispute Resolution, Insolvency Law, Law, Litigation, Property LawComments Off on Insolvency and Property Sales – Deposit Entitlement after Bankruptcy

Majet v Goggin & Miller as Trustees of the Bankrupt Estate of Brett-Hall [2015] QSC 38, considered the impact of a bankruptcy trustee’s disclaimer upon the entitlement of a deposit paid in accordance with a contract for the purchase of a residential property. FACT In early February 2014, Mr Herbert

Read More

Airbnb arrangement found to breach lease

By Tim Elliott • In Litigation, Property LawComments Off on Airbnb arrangement found to breach lease

Introduction: The matter of Catherine Swan v Uecker [2016] VSC 313, discussed, inter alia, whether the Respondents had granted a lease or a licence to third parties by renting out the Applicant’s apartment through the AirBnB platform during her tenancy as a tenant of the apartment.. In this case, the

Read More

Retail Shop Leases Amendments come into effect in November 2016

By Margaret Miller • In Commercial Law, Property LawComments Off on Retail Shop Leases Amendments come into effect in November 2016

Exclusions from the retail shop lease definition The definition of a retail shop lease will specifically exclude leases/licences for: premises with an area greater than 1,000 square metres; premises carrying on a business by a lessee for a lessor as the employee or agent of the lessor; ATMs; vending machines; and premises

Read More

Queensland Court of Appeal decides landlords may recover land tax under leases entered into before 30 June 2009

By Margaret Miller • In Commercial Law, Dispute Resolution, Property LawComments Off on Queensland Court of Appeal decides landlords may recover land tax under leases entered into before 30 June 2009

On 6 September 2016 the Queensland Court of Appeal in Vikpro Pty Ltd v Wyuna Court Pty Ltd [2016] QCA 225 dismissed an appeal and upheld the original decision of the Supreme Court in Wyuna Court Pty Ltd v Vikpro Pty Ltd [2015] QSC 216. A landlord under a commercial lease entered into before

Read More

Foreign resident capital gains withholding payment to the ATO

By Margaret Miller • In Property LawComments Off on Foreign resident capital gains withholding payment to the ATO

The government has introduced a 10% non-final withholding tax on payments made to foreign residents that dispose of certain taxable Australian property which applies to contracts entered into on or after 1 July 2016. Where a foreign resident disposes of certain taxable Australian property, the purchaser must withhold 10% of the purchase

Read More

Is the Party Over for “Party Houses”?

By Margaret Miller • In Property LawComments Off on Is the Party Over for “Party Houses”?

In April 2015 the Queensland Government passed laws giving new planning powers to local councils to ban short-term accommodation used as party houses in their council areas. While legislation was passed about party houses last year, councils did not have the means to enforce the party house ban. The Temporary

Read More

Body Corporates and Termite Infestations – Who takes the blame?

By Margaret Miller • In Dispute Resolution, Litigation, Property LawComments Off on Body Corporates and Termite Infestations – Who takes the blame?

Queensland buildings are known to be regularly at risk of termites, which are a common problem in sub-tropical areas. Who is responsible when the termites move into a body corporate setting? Lot owners in high rise apartment blocks or town houses may believe that termites are the body corporate’s problem.

Read More

The Demise of Paper Certificates of Title and the Future of E-Conveyancing

By Ying Ying Tay • In Property LawComments Off on The Demise of Paper Certificates of Title and the Future of E-Conveyancing

With the introduction of Torrens title system, indefeasibility of title to property is established through the act of registration on the Title Registry (s37 of the Land Title Act 1994 (Qld) (“LTA”)). As such, title is no longer established by tracing the chain of previous title holders. The introduction of an

Read More

The Foreign Investment Review Board and the New Policy Concerning Residential Real Estate

By admin • In Property LawNo Comments

The Foreign Investment and Review Board have released a new policy dealing with the acquisitions of residential real estate and acquisitions of commercial real estate. This article discusses the changes to the policy surrounding the acquisition of residential real estate that may affect the manner in which you conduct your

Read More