Queensland Vendor Finance Lawyer

Introduction to Caveats In Queensland title (ownership) in land (including where applicable, improvements – e.g a house) is determined by registration of your interest with the Land Titles Office, headed by the Registrar of Land Titles. Given the importance of registration, if you have an interest in land that for some reason is not registered there is a risk that another person may register their interest before yours with the other person’s interest ranking above or having a higher priority than your interest. In such circumstances we  may  recommend you consider lodging a “caveat” on the title to that land to protect your interest. The word caveat means ‘beware’ and lodging a caveat warns anyone dealing with the land that someone has a priority interest in that land. However, it is important to understand that a caveat does not provide all of the benefits of registration of your interest and should never be seen as an alternative to registering your interest on the title to...

UNFAIR DISMISSAL? A term slung around very often. But what do employers need to know, and probably don’t? A useful statement from a senior Judge of the employment court in a mediation conference was where he told both lawyers that “ it is all about conducting a proper assessment of the risks and making sure your clients understand them ”. When considering  dismissing an employee , it is probably timely to ask yourself the question –  As an employer have you considered any and all risks that termination of an employee may bring upon you ? As an employer why should you avoid unfair dismissal claims and how? An unlawful dismissal can cost an employer in terms of time, money, and reputation.  Claims can be multiple so are the remedy(s).  To properly dismiss and to minimize your penalty risks,  simply ask these questions from yourself, although the list is not exhaustive: Is termination the only way to address the employee’s conduct? Is this in accordance with the te...

In simple terms, a power of attorney is a legal document where a person is nominated to act on your behalf (known as the agent) regarding your affairs. The document gives the nominated party the legal capacity to make decisions for you on things like financial matters and other duties. The person given attorney does not have to be a lawyer, although in many cases a law firm is enlisted to act as power of attorney. Some common tasks of those entrusted with power of attorney can include, but are not limited to: The buying and selling of property Operating bank accounts Organising the paying of bills and debts The power to vote in meetings And lots more… The tasks involved will depend on particular circumstances and what the principal (the person delegating the power of lawyer) requires and stipulates. When Might You Need To Delegate Power of Attorney? Many people only assume power of attorney is entrusted to someone when the principal no longer possesses the mental capacity to make sound...

If you have been hiding under a piece of paper, then you may not know that the way in which the Titles Registry deals with paper certificates of title (aka paper CTs or Title Deeds) is changing(Property Conveyancing act). A bill was passed in Parliament on 26 March 2019 amending the Land Title Act 1994 so that paper CTs will no longer have any legal effect. Accordingly, from 1st October 2019, a paper CT will become a piece of history with its only value being that of sentiment. Once upon a time, every property in Queensland was issued with a paper certificate of title. The certificate was always required as evidence of your indefeasible title over your  property . Consequently, lost or stolen certificates raised huge issues for a homeowner. If you are part of the 11% of homeowners, who do hold a CT, as of 1st October 2019, the burden to protect this piece of paper will be for nothing. It is not all bad news, just think; you will no longer have the pressure of storing this very impo...

Most adults, at one point or another, are faced with a form of an employment contract. For some, it is presenting an employment agreement to a potential staff member, and for others, it is receiving an employment agreement as an employee. There are many interests at stake for both sides, and typically it involves some type of negotiation.  In harsh financial conditions, this process becomes even more critical. But what is at stake here is not only complying with the statute when drafting an agreement but believing in the idea that any agreement to be drafted must be fair and clear. Assuming that we have a neatly crafted employment agreement before us, should we look for what I call employment golden catches.  The short answer is, yes. Cover yourself The first step  before inking anything is to never rush it up. Take that draft with you home, read it and understand it. Once, you are certain the terms satisfy your objectives then finalize it with your employer.  Always...