Danielle Fitzgerald

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.

New Capital Gains Tax (CGT) withholding regime from 1 July 2016

turned_in_notBuying, Conveyancing, Investing, Property, Selling

From 1 July 2016, purchasers who enter into a Contract for the sale of an interest in Australian land with a market value of $2 million or more will be required to withhold and pay 10% of the purchase price to the Australian Taxation Office (ATO) on account of the seller’s potential CGT liability unless the seller obtains a clearance certificate from the ATO and provides it to the purchaser on or before settlement.

Call (07) 4944 2000