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Mandatory Community Service For Obstructing Police Whilst Intoxicated In Public Place
Changes made by the Safe Night Out Legislation Amendment Bill 2014 (Qld) now provide for mandatory community service orders to be made by Courts in certain instances. The most common of these instances is when a person is charged with obstructing or assaulting Police...
Commercial Leases & The Obligation To Insure
A commercial lease is typically entered into by a person or company (“the tenant“) with the owner of the building or premises (“the landlord“) for the purpose of receiving exclusive possession of said premises from which the tenant may conduct or manage his, her or...
Protecting Against Unlawful Termination Of A Building Contract
Our client was a frail, 67 year old lady for whom English was her second language. She had entered into a standard form of contract with a builder for the construction of a house. Our client contacted us after the builder had issued her with a notice to remedy alleged...
Removing & Replacing An Executor
We often see clients who are frustrated by the way an executor is dealing with the estate of a deceased person. (To keep things simple, this article will use the word “executor,” but the same principles apply to administrators and trustees). It is rare, but it does...
Overseas Travel For Children Of Separated Parents
I am often faced with questions from parents about the issue of overseas travel for their children. Some parents have reservations about allowing their child to travel overseas. These reservations can stem from concern about the safety of the particular country. The...
The Role Of An Executor
When a person makes their will it is necessary for them to appoint at least one executor to carry out their instructions in the will. It is possible to appoint multiple executors but the court will not give a grant of probate to more than four executors at any 1 time....
Issues That May Arise When Buying Units & Townhouses Off-the-Plan
Buyers who wish to buy brand new units and townhouses will most likely buy off-the-plan.The concept of buying off-the-plan involves a buyer entering into a contract to purchase a property that has yet to be built.This article highlights some of the issues that buyers...
What To Do If the Contract For the Sale of Your House ‘Falls Over’
Our clients are sometimes faced with the dilemma of what to do when the contract for the sale of their house “falls over”. For the purposes of this commentary, we will assume that the buyer is in default to settle and has therefore failed to comply with an essential...
Post Separation Spending
A common misconception that I see regularly amongst family law clients is that once you have separated, you don’t have to explain or account for your post separation finances. Many clients mistakenly believe that only the assets which existed at separation are taken...