Author: Tom Wood

10 May 2018

What is an Easement?

An easement is a legal right that attaches to land or a part of land (the Burdened Land) and allows a benefitting party to use the land in a particular manner. An easement may be granted from the Burdened Land in favour of: Another property, such as allowing a neighbouring property to use part of […]

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10 May 2018

What if I need an easement to be registered on somebody else’s property?

From time to time, it happens that you may need to register an easement on someone else’s property. For example – You might have your services (water, sewerage, electricity, telecommunication etc.) running through a neighbouring property to get to your property; or You might not be able to access the road unless you travel over […]

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26 April 2018

New Protections for Farmers against big Banks

From 1 July 2018, the Farm Business Debt Mediation Act 2017 (Qld) “the Act” will bring about restrictions on mortgagees taking enforcement action under a farm mortgage until parties have conducted mediation. The purpose of the legislation is to provide an efficient and equitable way for farmers and mortgagees to resolve matters relating to farm […]

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23 April 2018

Changes to the CGT Main Residence Exemption

Your ‘main residence’ (your home) is generally exempt from Capital Gains Tax (CGT). To be entitled, the property must have a dwelling on it and you must have lived in it. Proposed new legislation affecting foreign owners Currently, if you are a foreign resident, you are entitled to the main residence exemption in the same […]

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18 April 2018

Can I list my unit on Airbnb?

A recent decision in NSW has made it for difficult for body corporates to stop apartment owners from renting out their property on Airbnb. In the case of Estens v Owners Corporation SP 11825 [2017] NSWCATCD 52, the NSW Civil and Administrative Tribunal found that body corporate by-laws which prohibit short term letting breached the […]

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12 April 2018

Paying GST for the Purchase of Commercial Property

Clients often come to me asking me to draft up or review their commercial property purchase or sale contract. The first thing they will tell me is the price, and the first question I ask is ‘plus or including GST?’ Whilst a lot of the time the GST Exemption for a Going Concern applies, it […]

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6 April 2018

Can minors buy property?

Before you are 18 years old, you cannot drink alcohol or vote in public elections. But does the law allow you to buy residential or commercial real estate? Signing a Contract under-aged In Queensland, the Property Law Act 1974 (Qld) provides that a buyer of property in Queensland is presumed to be – At least […]

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8 March 2018

Should the lease be registered with the Land Titles Office?

Parties to a commercial lease often rapidly work towards finalising the terms of the lease, having all relevant documents signed and ensuring bank guarantees and insurance are in place – ; so that the tenant can take possession, do any fit out and start paying rent. It is often an after-thought consideration whether or not […]

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14 August 2017

Absentee land tax – changes from 1 July 2017

As of 1 July 2017, a 1.5% land tax surcharge is being imposed by the Queensland Government on absentee land owners. This is known as the absentee land tax. An ‘absentee’ land owner is not just a foreign owner –  it can include Australian citizens who do not ordinarily live or reside in Australia. If […]

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27 July 2017

Protecting yourself when you provide goods on credit

What is the Personal Property Securities Register (PPSR)? The PPSR is a real time online national register on which secured parties such as financiers and suppliers can register their security interests in personal property. A ‘security interest’ is defined in the Personal Property Securities Act 2009 (PPSA) as an interest in personal property that secures […]

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