Understanding Quantum Meruit in Australian Law
Quantum meruit claims hold a unique position in the fusion of legal doctrines which intersect with contract law and equity. In the realm of Australian law, the principle has carved
Regulated Building Contracts
Understanding the Requirements for a Level 2 Regulated Building Contract The Queensland Building and Construction Commission Act (QBCC Act) is a legal framework that regulates the building and construction industry
How to Protect Yourself from Executor Fraud
The role of an executor of a will is a position of trust. It is someone who is responsible for managing and distributing the estate of a deceased person according
Understand your Building Contract before signing it
A written contract for a new home build is a no-brainer. When there’s a significant chunk of change on the table and a number of things that can go wrong
What is Alternative Dispute Resolution?
Alternative Dispute Resolution (ADR) is provided for under the Civil Proceedings Act 2011 and encompasses a variety of methods which can result in a binding or non-binding agreement to resolve
Commercial Leasing Disputes
Sorting out a commercial lease or a commercial lease dispute can be complicated, but with the right advice – it doesn’t need to be. In Queensland, there is no such
Property Disputes Amongst Co-Owners
Should we appoint a Statutory Trustee? With the cost of living ever increasing, it is an increasingly common occurrence for friends, family or business partners to purchase a property together.
Mediation vs. Litigation: Understanding the Advantages and Disadvantages
When it comes to resolving legal disputes, there are different ways this may be done. In this article, we will focus on two (2) primary options to resolve your dispute:
Why to choose Mediation to resolve your dispute
What is Mediation? Mediation is a process in which a neutral third-party mediator helps the parties involved in a dispute come to a mutually agreed-upon solution to their dispute or
Equitable Interest Claims in Real Property
Property Disputes… What is a legal interest? An “interest” in respect to land is defined by the Acts Interpretation Act 1954 (Qld) as a “legal or equitable estate in the
Building Contracts – Is yours compliant?
Whether you’re the building contractor or the building owner, ensuring your building contract is compliant is key in reducing risk, protecting your rights and ensuring it is enforceable. Generally, standard
Contract Termination – How to Avoid Litigation
Terminating a contract A contract is a legally binding agreement between two or more parties which sets out rights and obligations of the parties and the consideration provided by one party in exchange of the
Queensland Rental Law Reform
Queensland Rental Law Reform What is the Residential Tenancies and Rooming Accommodation Act? The Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (the ‘Act’) comprise of various rules applicable to
Capacity
Capacity What is ‘capacity’ in civil litigation? Capacity is a legal term referring to a person’s ability to exercise the decision-making process. An adult person is presumed to have
Will Disputes
Will Disputes… Why challenge the validity of a Will? Circumstances may arise that call into question the validity of the Will. If you are challenging a Will, you are arguing
BIF Act
BIF Act… What is the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (‘BIF Act’)? The BIF Act was primarily enacted to help people working in the building and construction industry in being
Estate Litigation
Estate litigation… This article relates to the law in Queensland. Contesting a Will? By contesting a Will, you are arguing that the distribution of assets among beneficiaries under the Will
Building Disputes
Building disputes… Building and construction disputes The building and construction industry in Queensland can be complicated to navigate as it is highly regulated. As building and construction lawyers who are
QBCC Company Nominee
QBCC Nominee… Nominee of a Company QBCC licensee In Queensland, a company that provides building services in Queensland is required to apply for a Queensland Building and Construction Commission (‘QBCC’)
Opportunity to Rectify and Mitigation of Loss
Opportunity to Rectify… Those working in the building and construction industry will be familiar with the concept of providing an opportunity to rectify defects. Whether you are a principal, homeowner,
Defamation in Queensland
Defamation in Queensland… Defamation Defamation in Queensland is governed by the Defamation Act 2005 (Qld) (the ‘Act’) and common law. The Act does not define what makes material defamatory, so
Practical Completion and Final Payment
Practical Completion and Final Payment… Building and Construction in Queensland What is practical completion? Practical completion can be difficult to navigate. Contracts will generally provide a completion date in
Avoiding Bad Debts
Avoiding Bad Debts… Bad debts Unpaid invoices can have adverse impacts on businesses, particularly those with insufficient or low capital which are more dependent on dynamic cashflow. It does not
Estate Administration
Estate Administration… Responsibilities of Executors / Legal Personal Representatives This article relates to the administration of an estate in Queensland. Administering an Estate If the deceased had a will
Litigation Lawyers
Litigation Lawyers… What is litigation? Litigation is the process of commencing legal action against another party. What is a litigation lawyer? A litigation lawyer (Litigator) is a legal practitioner who
Wills and Estates Litigation
Wills and Estates Litigation… Have You Been Left Out of a Will? In Queensland, if you are a spouse, child or dependent of a deceased but have not been provided
What Makes A Contract Binding
What makes a contract binding? Contracts If you are in business and are in the process of preparing and entering into an agreement or contract with another party, it is
The Importance of a Will
The importance of a will…. What happens if you die without a Will? In Queensland, if you die without a Will it means you have died ‘intestate’. This means intestacy
QBCC Statutory Warranties
QBCC Statutory Warranties… Queensland Residential Building and Construction Statutory Warranties We have all heard about statutory warranties when it comes to a residential building in Queensland, but what are they
QBCC Maximum Revenue – are you complying?
Contractor / builder licensees are required to meet minimum financial requirements to obtain and continue to hold a QBCC license. As a result of minimum financial reporting, the QBCC can
Unpaid Superannuation
Obligation to Pay Super Employers have an obligation to pay super on behalf of their eligible employees, in addition to wages and salaries. All employees are entitled to be paid
Contractor or Employee? Sham Contracting in the Building and Construction Industry
The Fair Work Act 2009 (the FWA’) prohibits a person from misrepresenting ‘employment’ as ‘independent contracting’, commonly known as ‘sham contracting’. Section 357 of the FWA provides that: – ‘…a
Director Penalty Notices
Director Penalty Notices If a company does not meet its PAYG tax or super guarantee charge (SGC) obligations, the ATO may issue a director penalty notice to a company’s directors
Can assets I dispose of in my lifetime be subject of a family provision application against my estate when I pass?
What is a family provision application? The Succession Act 1981 (Qld) (the ‘Act’) entitles eligible persons to make an application to the Court seeking provision or adequate provision from the deceased person’s
Statutory Wills – What Are They?
Does someone you know lack capacity and has no Will? In circumstances where a person lacks mental capacity to make a Will for themselves, the Court has power to make