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.
News
Unfair Contracts And Retail Shop Leases
With the current mining downturn in the local economy many small business owners are feeling the pressure and close over weekends or reduce the hours of trade to lower expenses and increase profit margin. However, it is not uncommon that retail Lessees in large shopping centres are forced to open their doors due to an obligation under their lease that if the shopping centre or complex is trading they must be as well. From 12 November 2016 the unfair contract legislation will be extended to small businesses that have entered into standard form contracts.
Community Accommodation & Support Agency
Community Accommodation & Support Agency Inc (‘CASA’) has been serving the local community since 1983. CASA offers a variety of services and programs to the local community including Community Housing Program, Crisis Housing Program, No Interest Loans Scheme, HomeStay Service, Community Care Program and Emergency Relief.
Lyons v Queensland – High Court Rules on Deaf Juror
On 5 October 2016, the High Court handed down its decision in relation to whether or not a deaf person could serve on a jury panel. The question which the High Court was required to answer was whether the Deputy Registrar of the Ipswich District Court, unlawfully discriminated against the appellant, Gaye Lyons by excluding her from a jury panel because she, a profoundly deaf person, required the services of an Australian Sign Language interpreter.
Manufacturers Liability
The Australian Consumer Law (‘ACL’) provides for certain statutory guarantees in respect to the supply of goods to consumers which extends not only to the immediate supplier, but also the manufacturer of the goods.
Mackay Ring Road Land is now “Taken”.
The Department of Transport and Main Roads have now resumed the land by publishing the relevant Taking of Land Notice in the Queensland Government Gazette on 12 August 2016 with respect to the Mackay Ring Road. Notices of Intention to Resume land required for the Mackay Ring Road were issued to owners in September 2015. If your land (or a part of it) was taken on that date you no longer own the resumed land.
Migration Law…We can help!
Macrossan & Amiet is pleased to announce that we have recently partnered with Hunt Migration to provide our clients with a range of migration law related services which include Business Visas, Family Visas, Skilled Visas and Employer Sponsored Visas.
What is a Statutory Health Attorney?
Statutory health attorneys’ can make decision in regards to most health care matters, these may range from the consent to surgical treatment to the cessation of life support. However, a statutory health attorney cannot make decisions that would be classed as special health care decisions. A statutory health attorney’s power to act will only begin when the person lacks capacity.
RPS Charity Golf Day
Over the years Macrossan & Amiet have worked alongside RPS in a range of services to achieve mutual client needs. Whether it be project development, surveying, town planning or any other task, Macrossan & Amiet would like to thank RPS for their community support.







