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How Does The Property Occupations Act 2014 (QLD) (“POA”) Affect The Contract?

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  Application of Property Occupations Act (POA) Property Occupations Act 2014 (QLD) contains provisions relating to the sale of  residential property . Those provisions apply to contracts for the sale of property that is used, or is intended to be used,  for residential purposes but will not apply to a contract: for the sale of property where it is used primarily for industry, commerce, or primary production; formed on a sale by auction (directly on the fall of the hammer by outcry or directly at the end of another similar type of competition for purchase); entered into, no later than 5.00 pm on the second clear business day after the Property was passed in at auction with a registered bidder for the auction; formed because of the exercise of an option granted under an earlier agreement if the parties to the Contract are the same parties as in the earlier agreement; where the Buyer is: a publicly listed corporation; or a subsidiary of a publicly listed corporation; or the...

No Further Stay Waiver Request Is This For Me?

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Does your visa have a “No Further Stay” condition attached to it, and if so, what does it actually mean? Below we attempt to clarify this and how it is dealt with: No further stay There are many temporary visa holders in Australia who have got their visa conditioned as “no further stay.” The conditions include 8503, 8534, and 8535. This means unless there are specific circumstances such as protection visa consideration, the holder upon expiry of his/her visa must leave Australia and will not able to apply for another visa. My visa is attached with 8503 conditions, how can I avoid leaving Australia? You can request the Department of Home Affairs to waive the condition attached to your visa but it must fall under either of the following categories; (a) If you are unable to leave Australia due to medical reason; (b) If there is a natural disaster in your home country; (c) If there is a death or serious illness within your close family; (d) There is a war or civil unrest in your home count...

Is Your Student Visa At Peril? Australian Student Visa Holders To Read

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This article briefly highlights a few important points that any Australian student visa holder must observe and be vigilant of so not to put one’s student visa at risk. The list is not meant to be exhaustive and every case turns on its own fact. What is condition 8202? Put simply, condition 8202 requires a student visa holder to adhere to certain course enrolment, attendance, and academic requirements. As an example,  condition 8202(2)(a)  requires the visa holder to be enrolled in a full-time registered course. What happens when the condition is breached? When condition 8202(2)(a) is breached, the Minister is able to cancel the student’s visa in question in accordance with section 116(1)(b) of the  Migration Act 1958  (Cth). What happens if I receive a Notice of Cancellation from the Department of Home Affairs? The first step is to seek our legal advice to see whether an appeal to the  Administrative Appeals Tribunal  is in order and that the appeal, if fo...

When is Child Support Applicable and What Does It Cover?

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Child Support Cover:  The financial well-being of the children is always of the highest consideration when couples  separate or divorce . If one parent has custody of the children, for the most part, that doesn’t mean the other parent is no longer obligated to offer financial assistance for the expenses of the children. So what things does child support typically cover? The general and the rather broad list includes: Schooling Medical costs Food Housing Clothing Extracurricular activities Generally,  child support  is paid by the partner with more income, but less time with the children.  The amount is typically negotiated depending on the state of the relationship after the breakdown of the marriage or  de facto partnership . To have an idea of how many children support you might likely be required to pay,  you can visit the  Child Support Agency  (CSA) website and make use of their  child support calculator ,  which takes into acc...

Professional Reputation and the Google Review What if the Review is False or Defamatory?

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This article aims to analyze the recent decision of the Federal Court of Australia in  Musicki v Google LCC  [2021] FCA 1393 in which the Court ordered that Google LCC give discovery to the Prospective Applicant of all documents that are or have been in the Google LLC’s possession. (defamatory) Who is who? According to the facts of the case, the Applicant (Dr. Korana Musicki) is a specialist vascular and endovascular surgeon with considerable international experience.  Her referral basis in Australia is largely greater Melbourne and Victoria regions. She also treats patients from interstate and her market is Australia-wide. Further, the Applicant’s petition to Court deposes that an anonymous reviewer, described as “Dave Cross”, has posted a number of false and defamatory criticism of Dr. Musicki in Google Reviews. She contended in the Court document that David Cross was not a patient of hers. She complained in her Application that the name was a “made up pseudonym” and th...

Proof Of Purchase: Should I Obtain Receipt For My Purchase?

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This article aims to briefly discuss some of your consumer rights when purchasing a product from any retailer or wholesaler. Why should I care to obtain a receipt for my purchase? You always want to make sure that you obtain a receipt for your purchase. Think of a scenario where you purchase a product from a supermarket and as soon as you reach home you find that the product is faulty and that you need to replace it.  Some retailers are relaxed when you wish to exchange the product in the prescribed return period if you paid using your credit card.  But, the issue about the proof of purchase becomes bumpy when you paid cash to the retailer. You also need to obtain and keep your receipt in case you need to repair,  replace or refund the product to the retailer or the wholesaler.  It is always prudent to find out the repair, replacement, and refund policies for every item that you purchase whether using a credit card or cash. My purchase was only $2, is the seller obli...