Posts by Danielle Clarke

Battle of the Balconies

turned_in_notBody Corporate

In the recent case of Ainsworth v Albrecht [2016] HCA 40 (termed “the Viridian Decision”), the High Court of Australia has allowed an appeal against a decision of the Queensland Court of Appeal relating to the rights of lot owners within a community titles scheme. The Viridian Decision demonstrates that a lot owner is well within their rights to oppose a motion or a proposal to create exclusive use by-laws where the opposition is considered reasonable.

Changes to Retail Leasing

turned_in_notLandlord, Leasing, Retail Shop Lease, Tenant

On 10 May 2016, the Retail Shop Leases Amendment Bill 2015 (Qld) was passed and the amendments will commence on a date to be fixed by proclamation. The changes to the Act will change the manner in which Landlords and Tenants deal with certain issues under Retail Shop Leases.

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