The collapse of Brisbane based building company, the Cullen Group, a week short of Christmas sent shockwaves around the construction and building industry both in South East Queensland and further afield. The Cullen Group was a well-known and highly regarded building contractor having been involved in a number of notable developments in the Brisbane and Gold Coast areas, most recently being the principal contractors on the $100m Boheme development in Robina on the Gold Coast.
Our firm’s managing director, Shaun Rose, has achieved the coveted Specialist Accreditation in Commercial Litigation with the Queensland Law Society. There are only thirty- seven accredited specialists in Commercial Litigation within the state, and this further confirms our firm’s expertise in our areas of specialty. Shaun is pictured here with the Chief Justice of the Supreme Court of Queensland, the Honourable Catherine Holmes, who presented the certificate of Specialist Accreditation to Shaun in Brisbane recently. Well done Shaun!
The High Court of Australia was recently asked to consider the age old question of ‘what would a reasonable Body Corporate do?’ The matter of Ainsworth v Albrecht related to a motion proposed by a lot owner to renovate two existing decks at his property at Viridian Noosa Residences, by joining them to create one larger space. This would have required granting the owner exclusive use of the common property airspace between the two existing decks, which under the relevant legislation (the BCCMA) required approval without dissent by special resolution. The owner’s motion was defeated and he applied for dispute resolution under the BCCMA, alleging that opposition by members to the proposal was unreasonable.
As has been widely reported, both in professional publications and indeed in the general media, in mid-August 2016, the Australian Tax Office and the Australian Securities and Investments Commission conducted raids on a number of business premises, including on the Gold Coast, as part of a joint task-force investigation into the, so-called, “pre-insolvency” industry. Read more
As of Monday 5 September 2016, Uber became legal in Queensland.
The controversial ride share app has sparked a war with the Sunshine State’s cabbies, who originally called for its ban in April 2016. During this time, Uber drivers have faced fines of up to $1,413.00 and undercover police officers posing as passengers.
We have been acting for a number of clients who have had the unfortunate experience of being advised by Financial Planners to invest in Agricultural Managed Investment Schemes. These schemes were all the rage of yesteryear, with Financial Planners and Accountants, who were actively and aggressively spruiking the benefits of these schemes and the associated tax benefits. The principal failure when providing advice to investors in respect of these Managed Investment Schemes, was whether it was a good investment having regard to the investor’s individual circumstances. Advising one to sell down $5 million worth of property assets, and put the funds into a speculative investment such as an Agricultural Managed Investment Scheme is a nightmare waiting to happen from a litigation lawyer’s perspective.
Buyers under residential property Contracts need to exercise caution before seeking to terminate under the Finance clause. Clause 3 in the standard REIQ residential Contract has a notorious reputation as a ‘get out of jail free card’ for Buyers. Also known as the Finance Clause, Buyers have historically used the Clause to terminate contracts for other reasons that have nothing to do with finance by obtaining a letter from their broker or bank.