Legal

Legal articles relating to legislation, disputes and civil suits

Contributed By: By Michael Gapes, Partner, Carter Newell Lawyers and Peter Lynch, Sales Manager, Aon Risk Services Australia Ltd on

The importance of maintenance for Resident Unit Managers For resident unit managers (RUMs), maintaining a site in good order is just one of the tasks you have on hand, and undoubtedly one of the most important ones. A poorly maintained property can lead to dissatisfied clients, and potentially costly litigation. Let’s take a look at what can happen when maintenance is not carried out to an appropriate standard, and what resident unit managers need to keep in mind when appointing contractors.… Tommy* was a resident unit manager looking after a holiday apartment complex in a popular tourist destination. He received an online booking from Lily*,Read More →

Contributed By: By Vanessa Sciortino of Nicholsons on

Every so often we experience things that have a huge impact on our lives. 2015 was a year I won’t forget, for two reasons. Firstly, (and, admittedly, most importantly) it was my introduction to motherhood – no amount of study could have prepared me for that! Secondly, when I enthusiastically returned from maternity leave in January 2016, I found my industry had been turned upside down from a surprising tribunal decision that occurred in 2015. Six years later, after I drop my gorgeous son off to school in the morning, I’m back in the office continuing to deal with the aftermath of that pesky “GalleryRead More →

Contributed By: AON Insurance Services on

5 Things To Keep In Mind When Working Remotely Over the years, experts have highlighted numerous benefits of working from home – from improved work/life balance; reducing traffic congestion and even helping reduce the cost of office rent. Whatever your reasons are for working from home, or allowing your staff to do so, there are a few boxes you’ll want to make sure you’re ticking to ensure your employees have the best experience, and prepare your business for some additional complexities having a mobile workforce can bring. 1. You’re still responsible for the health & safety of your employees. Your employees may not be inRead More →

Contributed By: VANESSA SCIORTINO of Nicholsons Solicitors on

Managers of management rights businesses have had a lot on their minds lately. From keeping people safe during the global pandemic to getting the tourism industry back on track, it’s easy to see how managers could overlook something so important as the key dates in their agreements. It’s time to set an epic reminder. Annual remuneration reviews Some body corporate managers will automatically review a caretaker’s remuneration at the time stated in the agreement. Other body corporate managers will not. Managers seeking to ensure their remuneration is properly increased in accordance with their agreement should diarise the review date and ensure the review occurs asRead More →

Contributed By: Vanessa Sciortino - Nicholsons on

All caretaking agreements will provide for an annual review of the caretaker’s remuneration. Unless there has been a specific change that review will normally be on the anniversary of the commencement date of the agreement.  Remuneration reviews in agreements can be specified to occur by the greater (or lesser) of two methods.  They are most commonly reviewed by a fixed percentage, CPI or market review.  Care should be taken when considering the drafting of the review clauses to ensure they, firstly, work correctly and secondly, that there is sufficient detail included in the review clause  (particularly for a market review clause) which sets out theRead More →

Contributed By: Michael Kleinschmidt Stratum Legal on

Forward bookings belong to the lot owner. Trying to hang on to them can cost more than you think When you lose a Lot from your Letting Pool don’t be tempted to try to hang on to the forward bookings – you have to act in the best interests of your, soon to be former, client (the lot owner). At the very least, you must ensure that the guests with the forward bookings are aware of the change over in management, so that they can keep their forward booking if they wish. A Noosa Real Estate Agent who failed to do this was recently finedRead More →

Contributed By: Kristine Lehmann of Lehmann Rights on

Kristine Lehmann, the principal of Lehmann Rights has kindly provided us with a series of really great industry discussions between herself and a number of industry leading experts. These are great, easily digestible 5 minute chats that offer some wonderful and current insight for those in and looking to enter this market. We’ll be bringing you a new one of these with each issue for the next couple of months.Read More →

Contributed By: Archer Gowland Redshaw and Vanessa Sciortino on

For our latest episode focusing on the Management Rights industry, Chris Lewis and Smiljan Jankovic (Management Rights Specialist, Archer Gowland Redshaw) host Vanessa Sciortino – Special Counsel, Nicholsons Solicitors. Throughout the episode, Vanessa & Smiljan provide the latest best-practice insights from a legal and accounting perspective involving Management Rights complexes. Across the discussion, each highlight the common issues associated with top-ups & exercising options (and the differences between the two), renewal strategies where a manager may find themselves in a dispute with their Body Corporate, the purchase process including the Body Corporate consent process, whether or not claw-back clauses continue to be relevant, and how best to support new entrants in theRead More →

The interim orders in Watermark Residences [2020] QBCCMCmr 306 provides some relief for bodies corporate that held virtual general meetings during the COVID-19 restrictions. In summary: The body corporate called an extraordinary general meeting (EGM) to agree on the matters that needed to be decided at a general meeting. To meet COVID-19 social distancing restrictions the committee decided to conduct the EGM without physical attendance. There were some other minor deficiencies with how the EGM was called, and was to be held, that did not strictly comply with the legislative requirements of holding meetings. A group of owners sought to invalidate the EGM based on the failureRead More →

Contributed By: Hynes Legal on

I want to give people some insight as to my reasons for joining Hynes Legal and in particular, why I strongly believe the strata industry needs a mediation offering to help reduce the instance of strata disputes in the Commissioner’s Office and QCAT. I’ll begin with a question I’ve been asked a few times since starting with Hynes in February 2020: why would someone pay you to do something that you previously did for free? It’s because of cases like this one. In summary, it’s a dispute heard in the Queensland Civil and Administrative Tribunal about management rights. In total, both sides – the bodyRead More →