The Property Occupations Act 2014 (Qld) (Act) will commence on 1 December 2014 replacing the Property Agents and Motor Dealers Act 2000 (Qld) (PAMDA). Amendments to the Land Sales Act 1984 (Qld) (LSA) and Body Corporate and Community Management Act 1997 (Qld) (BCCMA)...
Property Occupations Act 2014 Replacing PAMDA
As published in CK Momentum Issue 3 (Click here to download) The development and real estate industries have welcomed the passing of the Property Occupations Act 2014 (the Act) by Parliament with amendment on 7 May 2014. The Act will regulate property occupations and...
Reform of QBCC Act
Allana Agnew, an Associate in our Litigation and Insolvency team, attended a Discussion Evening held by the Building Dispute Practitioners Society in August 2014. Presenting at the Discussion Evening was the new Chairman of the Board and Commissioner of the Queensland...
Residential Property Finance Clauses
Property agents and developers would be aware the standard REIQ Contract contains a finance clause which makes the contract conditional upon the buyer obtaining finance. This is for the mutual protection of the parties, in that either party may elect to terminate the...
Risk Allocation Tools: Indemnities
WHAT IS AN INDEMNITY? In its simplest form an indemnity is an agreement between two parties in which one party agrees to cover loss and damage suffered by another. As such indemnities are a very effective tool to allocate risk between transacting parties. The risk we...
Sign on the Dotted Line – Formalities of Signing Contracts
Business owners often ask us about the technical requirements for signing and dating contracts. Litigation & Insolvency Partner Sarah Davies, points out a number of matters you should keep in mind: A company can sign documents by having them signed by two...
Signing Contracts: When the Formalities Can’t Be Followed
In the March edition of CK Momentum, we looked at the formalities of signing contracts. However, in some commercial dealings following the formal rules of, for example, having two directors sign a document or asking for a copy of a board resolution to verify a...
The Art of Deception
As published in CK Momentum Issue 5 (Click here to download) In a case that put the spotlight on the artistic world, the New South Wales Supreme Court has found the auction house Christie’s liable for misleading and deceptive conduct and unconscionable conduct under...
The China-Australia FTA: What Does it Mean For Us?
As published in CK Momentum Issue 5 (Click here to download) It took a decade of negotiations spanning three governments, but in late 2014, Australia and China finally concluded a Free Trade Agreement ("FTA"). Corporate & Commercial Lawyer, Sam Bassingthwaighte,...
Tips & Traps for Adjudication Under BCIPA
As published in CK Momentum Issue 3 (Click here to download) The Building and Construction Industry Payments Act 2004 (“BCIPA”) regime is intended to be an efficient and reasonably low cost method for contractors and subcontractors to ensure payments are made to...
Water, Water, Everywhere…
As published in CK Momentum Issue 5 (Click here to download) The CK Agribusiness group has been watching and receiving reports of much needed rain falling in certain parts of Queensland and New South Wales. While not widespread and more being required, the water has...
Where There’s a Will, There’s a Way (of Avoiding Estate Disputes)
As published in CK Momentum Issue 2 (Click here to download) For most of us, the idea of our family members having a dispute over their entitlements under our Will is distressing. Litigation & Insolvency Partner, Sarah Davies, looks at some of the steps you can...