Do you need to know more about sentencing? Are you about to be sentenced for a criminal offence in Queensland? This article explains what sentencing is in Queensland for criminal charges, the process and factors considered.
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Easements in Queensland will either benefit or burden property. An easement will grant a right to the benefited land to use or access the burdened land for one reason or another, most commonly for access or for infrastructure services to run through. All easements should be registered and will appear on a title search of both the benefited and burdened land.
Mediation is built into the court process and is required first step before filing proceedings for parenting orders. Section 60I(1) the Family Law Act 1975 requires an applicant to firstly make a genuine effort to resolve their arrangements regarding parenting orders by way of attending mediation.
In Queensland, under section 41 of the Succession Act 1981, a spouse, child or dependant of a deceased person has 6 months from the date of death to give notice of an intention to bring a claim against an estate if they believe they have been left without adequate provision. This type of claim is called a Family Provision Application (“FPA”). The FPA documents must then be filed in the court and notified to the executor within 9 months after the date of death. Although the court has a discretion to extend the 9-month time frame, it is unwise to miss the deadline as the court may not extend the time or the estate may already have been distributed.
‘It’s not personal. It’s just business’. When a company can no longer pay its debts when they are due, it is deemed to be insolvent and must stop trading. Liquidators are appointed to break up the liquidated company’s structure and review its prior conduct. The liquidator may conclude that the payment (or payments) should not have been made, and may make an Unfair Preference Claim.
Quinn & Scattini Lawyers’ quarterly publication, QSLAW Quarterly, latest edition, Issue 23, has been released.
Quinn & Scattini take this opportunity to advise you of our position in regard to coronavirus (COVID-19). Like the rest of the world we are monitoring the situation hourly. The health, safety, and well-being of our staff, clients, and community, including extended family (in particular the aged) and minimising the risk of the virus spreading by providing safe environment is our top priority. At this point all 5 of our branches are operating as normal, welcoming clients and ensuring they receive the very best legal representation.
Quinn & Scattini Lawyers’ Senior Conveyancing Paralegal, Rose McIlvride, was invited to attend PEXA’s 7th Member Open Day in Melbourne.
Quinn & Scattini Lawyers are excited to welcome back Taryn Hokin.
Quinn & Scattini Lawyers are delighted to announce Giorgia Lee has joined the team.
In the excitement of purchasing a unit in a community title scheme, the allocation of car parking spaces within the community title scheme can be overlooked.
Quinn & Scattini Lawyers are hiring. We are looking for a lawyer who has a passion for litigation, with at least 2+ years experience in the full range of commercial litigation areas of practice in Queensland. A generous salary and bonus package is offered. This position is immediately available at our Beenleigh office. Travel required to other branch offices from time to time.
Quinn & Scattini Lawyers are delighted to welcome Senior Associate, Tanya Dower, to the team. Tanya leads our Criminal & Traffic Law Team.
Quinn & Scattini Lawyers are proud to support National Wear Red Day. Check out the Quinn & Scattini Team below.
Quinn & Scattini Lawyers are delighted to announce Renee Smith has joined our Criminal & Traffic Law Team.
Quinn & Scattini Lawyers congratulate Kathleen Dare, Senior Associate and expert family lawyer, on her 30 year anniversary of providing expert legal services.
Quinn & Scattini Lawyers are delighted to announce Robert Kendrick has joined our Criminal & Traffic Law Team.
When you engage a lawyer to prepare your will, it is fair to say you expect the will to be error-free.
Property legislation contains various requirements for a seller to provide a buyer with a disclosure statement before a contract for the sale and purchase of property is entered into. Quinn & Scattini Lawyers' Director, Duncan Murdoch, sets out the requirements and what will occur if you fail to comply with the requirements.
Congratulations are in order for Special Counsel, Roly O’Regan. Roly has been appointed to Team Leader of Quinn & Scattini Lawyers’ Criminal & Traffic Law Team.
With all of the fire devastation in Australia and the estimated animal life loss of 800 million Quinn & Scattini Lawyers have taken the opportunity to show our love for Australia’s animal life by adopting 5 koalas that are now in the care of wildlife experts for rehabilitation.
We are looking for a property/commercial lawyer to be part of our Property & Business Team, dealing with commercial property transactions, land development (both broad acre and strata title) business transactions, commercial agreements, securities, leases, franchising and companies & trusts to be located at our Brisbane office (position also open in either Beenleigh or Cleveland office if suitable applicant is local to those offices).
Quinn & Scattini Lawyers are open for business.
Bernard and Judy are busy getting the sleigh packed but Bernard found some time to unwind before the long night…
An issue that comes up on a regular basis is the treatment of GST in property contracts. Essentially, unless you are dealing with second hand residential property then you need to consider GST. Find out what needs to be considered with this short article by Director and expert property lawyer, Duncan Murdoch.
Quinn & Scattini Lawyers thank you for your support and loyalty during 2019. We look forward to serving you in 2020.
After a busy year serving the local Queensland community, Quinn & Scattini Lawyers celebrated the festive season with a Christmas Party at Fridays!
It was meant to be a relaxing weekend away for Bernard and Judy…
Bernard and Judy are assisting the Commercial Litigation Team with research on the other party.
Bernard and Judy are practicing for the Quinn & Scattini horse ride in 2020!
As a trustee of a Self-managed Superannuation Fund ("SMSF") it is critical that you exercise your discretion appropriately. Quinn & Scattini Lawyers' Senior Associate and expert estate lawyer, Kylie Shaw, has provided a summary of the recent court case of Re Marsella; Marsella v Wareham (No 2)  VSC 65. In this case the court was called upon to make a determination as to whether the trustee has exercised its discretion appropriately and, if not, whether it should then be removed as trustee.
Has your visa been refused or cancelled? Then you need to read this article by Quinn & Scattini Lawyers' expert Migration Law Team. The article outlines reasons as to why your visa may be refused or cancelled and what the decision maker will consider.
As society changes, so do the laws. When the law changes, the relevant authorities publish announcements, usually with the assistance of media outlets, but not everyone views these announcements and many may be out-of-date with current laws. Quinn & Scattini Lawyers' expert Traffic Law Team have prepared a short article that provides you with clarity regarding some common myths that are out there in the public sphere.
Stay up-to-date on the latest legal issues with Quinn & Scattini Lawyers' quarterly publication, QSLAW Quarterly.
Bernard and Judy were told they had an important meeting at "three".
Bernard & Judy are ready to meet and greet clients.
Bernard & Judy have returned to Quinn & Scattini Lawyers
If you don’t have any time in between work, home and Christmas shopping to resolve your legal issues at one of our five local offices you can schedule a Skype or video-conference with Quinn & Scattini Lawyers.
Quinn & Scattini Lawyers are excited to welcome Tracy Hayes to the team.
Quinn & Scattini Lawyers are excited to welcome Corbin Reid to the team.
Quinn & Scattini Lawyers are excited to announce Shelley Johnson has been promoted to Associate. Congratulations Shelley.
When buyers inspect properties at open days or prior to auction, they will generally focus on the house itself. Rarely will they inspect the boundaries of the property. Quinn & Scattini Lawyers' Director and expert property lawyer, Duncan Murdoch, outlines the importance of conducting a survey to avoid costly boundary disputes.
Quinn & Scattini Lawyers are excited to welcome Kathleen Dare. Kathleen is a Senior Associate in our Family & De Facto Law Team.
Quinn & Scattini Lawyers are excited to announce Caroline Dunkley, our expert conveyancer, is formally PEXA accredited.
Quinn & Scattini Lawyers are excited to welcome Caroline Dunkley. Caroline is a Conveyancing Paralegal in our Conveyancing Team.
The need for a statutory will or codicil arises in circumstances where a person does not have capacity to make a will or codicil themselves.
At one point in life you will be required to borrow money or be advanced credit in some shape or form. Whether it be for the purchase of residential property, commercial property, a business or a simple loan between relatives, most monetary advances will be secured in one way or another.
No matter which way you put it, being dismissed from a job can be an incredibly stressful situation to find yourself in.
Nothing causes your stomach to drop quite like hearing that the local police wish to speak to you.
Skilled visas enable applicants with certain specified qualifications to live and work in Australia.
Quinn & Scattini Lawyers' QSLAW Quarterly - Issue 21 is out now.
Quinn & Scattini Lawyers are excited to welcome Vicky Vasudevan. Vicky is a Lawyer in our Conveyancing Team.
We are all familiar with the Nigerian email scams which even today occasionally rear their head. More pertinent to the property industry are cases of identity fraud and cyber attacks in relation to the sale and purchase of properties which seem to be becoming more and more prevalent.
Losing a parent, or step-parent, is a difficult and an emotional time in your life. What if you were not included in the will of your parent or step-parent? Contesting a will is not as simple as sending a letter. There are a range of considerations and issues that must be attended to do when contesting a will.
We often come across situations where the owner of a property has died and the property is being sold. In such circumstances it is important to ensure that the correct seller is identified and appropriate special conditions are included in the contract.
Quinn & Scattini Lawyers are excited to welcome Kylie Shaw. Kylie is a Senior Associate in our Wills & Estates Team.
Our expert traffic lawyers answer drink driving frequently asked questions.
Most of us have heard stories about attorneys who have taken funds or gained some advantage from an elderly person who gave them their Enduring Power of Attorney.
The popularity and accessibility of social media has advantages but there are also disadvantages. One disadvantage is the increase in “keyboard warriors” and “online trolls”. So what can you do if you have been targeted by a keyboard warrior or internet troll?
Once final family court orders have been made they are intended by the court to be final, and to bring an end to all and any litigation. Often, after orders have been made, people question “How can I change these orders?”.
Before agreeing to become a guarantor for another person, it should be understood what this entails and the risks that come with it.
We often see contracts where the buyer’s details have been incorrectly stated. This article will assist to ensure details are correct.
Quinn & Scattini Lawyers are excited to welcome Stacey Steer to the team.
Quinn & Scattini Lawyers expert Conveyancing Team are celebrating! The Conveyancing Team, led by Duncan Murdoch, are now formally accredited by PEXA.
Shelley is a Lawyer in Quinn & Scattini Lawyers’ Family and De Facto Law Team. Shelley has taken the time to answer some frequently-asked questions and provides a concise summary of what is required to resolve the issue at hand.
We often see in movies and televisions shows a plot device involving a recorded conversation. Perhaps it’s used as a means of blackmail or to prove the innocence of the good guys. We only condone the latter.
A person making a will in Queensland can give instructions to their lawyer about who they want to leave their estate to and also who they do not want to leave their estate to. The will-maker can also name a person who they are making a reduced gift to, and the reasons why they are doing that.
Electronic conveyancing offers conveyancers, lawyers and financial institutions an alternative way of settling conveyancing transactions by settling electronically through a central, electronic/online platform.
In dealing with leases I am regularly asked the question ‘Why do I need to register my lease?’ Whether or not you should register a lease depends on a number of factors and is dependent on the term of the lease and whether there is a mortgage over the property subject to the lease.
There are many motivations for wanting to move to Australia. Common reasons include family reunion, work, study, business, marriage, quality of life and sense of adventure. Australian immigration law is complex and subject to change and there is a lot of red tape that needs to be attended to.
If you have been charged with an offence, you may be fearful of having a criminal conviction recorded against your name. It is a common concern when clients are proceeding through the criminal justice system, particularly for reasons such as employment and travel.
Retentions are often used where an issue arises before settlement that was not within the contemplation of the parties when they entered into the contract.
A covenant is a voluntary agreement that imposes restrictions on what a person can do or cannot do on a parcel of land. A covenant is usually imposed to preserve the amenity of the land either for the benefit of the person selling the land or for neighbouring properties.
The issue of asset protection is often considered when people purchase a business or commercial property but it is not always considered when purchasing residential property.
Most of us will be aware of the horrific Grenfell Tower fire in the UK in 2017 following which the building’s cladding came under the microscope. The Queensland Government has now introduced legislation to tackle the risk of combustible cladding which the legislation refers to as non-conforming cladding.
In 2012, the Queensland Government ceased operation of the Queensland Drug Court, a specialist jurisdiction that had been operating for over a decade. Earlier this year, the sentencing regime was re-introduced in the form of the Queensland Drug and Alcohol Court ("QDAC").
You and your partner have recently decided to go your separate ways. Your partner has a child from a previous relationship and you have developed a strong relationship with this child that you want to maintain. Maybe you are the biological parent of a child and want to know how the logistics work with any separation that occurs between your child and their step-parent.
A verbal gift made by a person in anticipation of death is known as a donatio mortis causa ('gift in contemplation of death'). However, such gifts will frequently be the subject of careful scrutiny as they carry a substantial risk for both the intended recipient of the gift and the legal personal representative of the donor’s estate.
Part X of the Bankruptcy Act allows a debtor to enter into an arrangement with their creditors to satisfy their debts without being made bankrupt. This arrangement is called a 'Personal Insolvency Agreement'.
Click here to view the latest issue of QSLAW Quarterly.
Click here to view the latest issue of QSLAW Quarterly.
When you hear about making a will you might be guilty of leaving it to the last of your to-do list. Despite the many distractions in day-to-day life, establishing how you would like your estate to be distributed should be something you consider, particularly when a significant life event occurs. One convenient way to get this done is through Skype.
Equal shareholders face similar difficulties to partners in a failing marriage when the corporate relationship faces an irreconcilable breakdown. This usually occurs where the parties fail to, or refuse to, share the love instilled in an initially entrusted business venture.
I recently came to ponder my enjoyment of practicing family law, after I introduced myself to a new colleague (let’s call her Jane). On that occasion I (rather proudly) indicated that I practiced in family law. Jane, unhesitatingly, made some rather harsh, disparaging remarks about the area of law.
Thinking About Assigning Your Retail Shop Lease? Are You Aware Of Your Disclosure Obligations As The Assignor?
The Retail Shop Leases Act 1994 ("RSLA") imposes strict disclosure processes and obligations that an assignor is required to comply with prior to assigning a retail shop lease.
Queensland legislation currently provides for two types of drug driving - driving while under the influence of a drug and driving while a relevant drug is present.
Quinn & Scattini Lawyers are delighted to introduce Mandy Kennedy, senior conveyancing paralegal. Mandy has worked as a conveyancer for many years and has considerable experience in providing first class conveyancing services. Mandy has successfully settled 100’s of matters.
Quinn & Scattini Lawyers are excited to welcome Stephanie Clutterbuck to the team. Stephanie joins Q&S as a lawyer in Quinn & Scattini Lawyers’ Family Law Team.
Quinn & Scattini Lawyers are delighted to announce the promotion of expert Family Lawyer Taryn Hokin to Senior Associate. Taryn is a key member of Quinn & Scattini and continues to achieve best results for our clients.
Quinn & Scattini Lawyers are delighted to welcome Jane Fox to the team. Jane has considerable experience working in legal accounting roles and will provide high-end accounts management support and service to our teams as senior accounts manager.
A new system for withholding GST in property transactions will commence from 1 July 2018. This has been brought in to counter significant loss of revenue by the ATO where GST on property transactions has not been submitted to the ATO.
The process of administering someone’s estate after they die can be a complex undertaking. However, with the right legal advice the process can be streamlined. Many people do not realise that when they engage a lawyer to help them to administer their loved one’s estate, the lawyer is actually acting for the executor and has a duty to ensure that the executor is protected from any claim that may later be made by a disgruntled beneficiary.
The Youth Justice and other legislation (Inclusion of 17-year-old Persons) Amendment Act 2016 (Qld) come into force commencing on 12 February 2018. The main purpose of the amendment act was to change the way in which 17-year-olds were dealt with in the criminal justice system.
Ever wondered at what point your relationship might transition from long term dating to a legally recognised de facto relationship? The answer is not as simple as you may think.
Click here to view the latest issue of QSLAW Quarterly.
Quinn & Scattini Lawyers are excited to welcome Amanda Kennewell to the team. Amanda is a paralegal in Quinn & Scattini Lawyers’ Wills & Estates Team and has over fifteen years combined experience working in the legal profession.
It is not uncommon common with some purchasers (particularly high wealth individuals) to assume that they have the appropriate finance in place when purchasing a property. While this may be true in part, the reality is that there is often a discrepancy between having the money and being able to access the money.
Setting up a franchise is a serious investment for any business owner. But what are your options when the franchise does not perform well? In particular, what if it sounded like a dream investment but is now only causing tears?
Quinn & Scattini Lawyers are delighted to welcome Peter Wrigley to the team. Passionate about ensuring clients’ rights and interests are protected, Peter works hard to negotiate the best conditions and arrangements for each client’s individual situation.
Quinn & Scattini Lawyers’ Wills & Estates Team regularly represent clients who want to contest what they are receiving under a will, or who want to contest the share of the estate they are receiving under the rules of intestacy when the deceased person has not made a will.
Often requests are received to prepare a will while the client is suffering from some sort of life-threatening illness. When these circumstances arise, there are many factors to consider and it is easy for loved ones to get caught up in the moment.
“One unavoidable aspect of commercial litigation is the fast and furious nature of negotiations. Regardless of whether negotiations are face-to-face or over the phone, the importance of following strict procedures and officially recording all information when negotiating outside of the courtroom was highlighted in the case of Gailey Projects Pty Ltd v McCartney.
In 2016, the Government introduced the Foreign Resident Capital Gains Withholding Scheme ("the FRCGW Scheme") which requires a foreign person or entity who sells certain property which they own in Australia to pay tax on the sale.
As a family lawyer, people often ask me whether 'pre-nuptial agreements' or 'binding financial agreements'(as they are known in Australia) are worth the paper they are written on.
Click here to view the latest issue of QSLAW Quarterly.
A common question clients ask the first time they speak to a criminal lawyer is “What can I do to help my sentence?”. The answer to that question of course depends upon a number of things, including the nature of the charges and seriousness of the offence.
Buying or selling a business and thinking you can save money by making the sale by yourself? There are numerous problems that can arise in the maze of contracts, leases and trading without sufficient legal involvement.
Quinn & Scattini Lawyers are excited to welcome Cody Niezgoda, our new Business & Property Team lawyer. Cody brings a wealth of experience across a range of business and property matters and is passionate about supporting business owners achieve their objectives.
It’s no secret that domestic violence has been a prominent topic in recent years. Likewise, grants of bail for alleged perpetrators are often controversial matters subject to scrutiny by the media. On 30 March 2017, the Bail (Domestic Violence) and Another Act Amendment Act 2017 (Qld) ("the Amendment Act") came into force.
Tradition has it that the New Year is an opportunity to begin again and to reinvigorate. It is common knowledge amongst family lawyers that life changing decisions are made at this time.
Click here to view the latest issue of QSLAW Quarterly.
The ability to enter a surrogacy arrangement is a complex area; however became just that little bit easier on the 1st of June 2010 when the Surrogacy Act 2010 ("the Act") commenced. The Act means that Queenslanders can now enter into not-for-profit surrogacy arrangements.
It is now a matter of law, subject to certain transitional arrangements, that the majority of Australians will only be able to access their superannuation entitlements when they reach 65 years of age or become permanently incapacitated or die.
Changes under the personal property securities regime that came into effect on 20 May 2017 significantly amend the definition of a Personal Property Securities Lease ("PPS Lease").
We come across the ® and “TM” symbol behind brand names almost every day and most people can identify that these are trademark symbols. Apart from that, how much more do people know about trademarks? How do you acquire a trademark, why do businesses use trademarks, what is the process involved?
International travel with children is a fairly straight forward thing to do these days, however when it comes to separated parents it can become very complex.
So, your child has now reached 18 years of age and there’s no more support liability right? Not so quick. Child support, as the financial support of children is known in Australia, is a legal responsibility to the age of 18 years.
It is compounded when one parent unilaterally decides to move away, or expresses a desire to move away, against the remaining parents’ wishes. Neither party has an automatic 'right' to move away and potentially compromise the child’s relationship with the other parent.
At Quinn & Scattini Lawyers, we have seen many unique and interesting situations take place in the courtroom. These situations often occur while we are waiting for one of our clients’ cases to be heard.
A failure to respond to a statutory demand can have very serious consequences for a company. In particular, it may result in the company being placed in liquidation and control of the company passing to the liquidator of the company.
There has recently been a review of the Queensland parole legislation. Specifically, the Corrective Services Act 2006 has been amended to reflect a 'no body, no parole' policy, which has previously been adopted in other Australian jurisdictions including Victoria, Northern Territory and South Australia.
In an age where many single career focused individuals are opting to become parents at later stages in life, many are turning to IVF and asking for the help of a close friend to assist as sperm donor or egg donor.
Everybody has heard of a will. A lot of people would have had to deal with a will when somebody close to them has died. But, not everybody has a will. Why?
It is thought of as a ‘rite of passage’ for parents to evolve into grandparents and get the chance to commune with children without the responsibilities of parenthood. It’s an opportunity to play with a child and be their friend and support without consequences.
A buyer who buys a property to live in as his/her principal place of residence is eligible to apply for concession on the stamp duty. In some circumstance, such as a first time buyer, the concession may result in nil stamp duty assessment if the purchase price is less than $500,000.
Understanding the considerations of how a just and equitable property settlement is determined, what circumstances provide for maintenance of a party, and what time limitations exist are of critical importance. Parties can agree upon the division of their property or, in the event they are unable to agree, the Family Court or Federal Circuit Court can determine the division of assets.
Click here to view the latest edition of QSLAW Quarterly.
The case of Kelly & Landridge  FCCA 1737 provides an outline of the considerations to be made for the death of a parent, when a loving mother suddenly dies, leaving three children of three different fathers and a maternal grandmother to work out the arrangements for the care of the children.
Online bullying has gone viral and many experience defamation, but few know their legal position or ways to effectively manage it. If a photo or statement has been published, whether in print or online, or a nasty email about you has been sent out to your work colleagues, you may feel as though there is nothing you can do.
Quinn & Scattini Lawyers are pleased to welcome back Taryn Hokin. Having worked tirelessly since graduating as a lawyer, Taryn took the opportunity to have a career break and returns to the office on Monday, 4 September 2017, after spending the past 12 months travelling around the world. Taryn will be based at Q&S’s Mermaid Beach office.
A topic that always comes up in the press – since the rise of social media – is the ease, ability and overall willingness by people to publish whatever they are feeling. Social media sites are a forum that people can share their lives and thoughts, and in some cases make comments that they might not make in other circumstances that amount to defamation.
hold a current practising certificate which is issued annually by the Queensland Law Society, maintain insurance with a monopoly insurer owned by the QLS and pay an annual levy to the QLS to maintain a fund known as the Fidelity Fund.
There may be a number of reasons why a seller is asked by a buyer for permission for the buyer to take occupation of a property before settlement has taken place. Whatever the reason, the seller must give careful consideration before agreeing to give the buyer early occupation.
This is both a cautionary tale for anyone who is contemplating acting as guarantor of someone else’s liability, and a David-and-Goliath story of a battle with a major bank.
If you have recently separated from your partner, you may be entitled to spousal maintenance. Spousal maintenance is the right for one party to a relationship to maintain the other party upon the parties’ separation.
Often we see buyers enter into contracts to purchase property and later discover the lack of council approval for the building and/or any improvement done on the property. What does this mean for the buyer?
There has been a long standing problem with the Queensland criminal justice system, and that is our inclusion of 17-years-olds in the adult justice system. It has been a problem unique to Queensland, being the only state in Australia to treat 17-years-olds as adults and send them to adult prisons.
Click here to view the latest issue of QSLAW Quarterly.
Quinn & Scattini Lawyers today welcomes Ebony Reid to the Team as an Administration Assistant.
Protecting the goodwill and brand of the business and creating income and profit are the main objectives of all businesses. In an attempt to achieve these objectives business owners will often include restraint of trade (“ROT”) clauses in employment agreements, partnership agreements and in business sale agreements.
Formal finalisation can take the format of a Binding Financial Agreement which requires each party to obtain independent legal advice, or Consent Orders which are registered with the court and reviewed by a registrar. Each option requires disclosure to be undertaken and each party needs to be satisfied that all property, debts and superannuation have been disclosed with proper values attributed to each item.
Click here to view the latest issue of QSLAW Quarterly.
The issue sometimes arises that a clerical error made in a will has a significant impact on the interpretation of the will and on whether the will is valid.
Another Lesson To Protect Your Interest In Leased Equipment – Personal Property Securities Act 2009 (Cth)
The recent decision of the New South Wales Supreme Court in Forge Group Power Pty Limited (in liquidation) (receivers and managers appointed) v General Electric International Inc.  NSWSC 52 is a reminder of the importance of registering (or perfecting in another way) your interest in personal property.
As the silly season draws to a close quite a lot of people may be regretting having said something at the Christmas party or committing some other indiscretion as a result of imbibing the spirits of Christmas. Quite a few driver’s will be left with a more serious problem; a drink driving charge.
It’s silly season again and as many of us over-indulge at office parties or family barbies it might be wise to reflect upon the potential perils of a drinking and driving.
We are excited to welcome Leewyn today as our Marketing Coordinator. Leewyn has many years experience in legal marketing, and we are looking forward to working together.
Click here to view the latest issue of QSLAW Quarterly.
A clause in a homemade will can appear crystal clear to the person writing the will, yet it can be very ambiguous to another person reading it after the will-maker has died. The proliferation of homemade wills has caused a substantial increase in the number of applications to the Supreme Court of Queensland to construe (interpret) unclear will clauses.
With the recent surge in apartment building and the increasing the demand for mature-age lifestyle communities, more and more land in Queensland is being held and managed by community management schemes.
One of the things we ask clients at the first meeting is whether they have a current Enduring Power of Attorney ("EPA"). We talk about the change that might need to be made to that document, or that one should be put into place, and then we proceed to deal with the family law issue. At the other end of the matter, we find it is also a good time to review the estate planning documentation that a client has in place because now they may have divorced, undertaken a property settlement and/or secured orders regarding the care of children.
In recent times the Queensland parliament has taken a strict stance and vowed to crack down on organised crime. This approached was essentially triggered after public outrage regarding the infamous Broadbeach bikie brawl that occurred on 27 September 2013.
In many states of Australia granny flats are being erected as separate dwellings on a property and can be used as a secondary source of income. This is not the case in Queensland. Unlike building a home from scratch, granny flats can have a fast-tracked government approval process which can reduce the bureaucracy and paperwork required for a new dwelling from six – eight months to 10 or so weeks.
Quinn & Scattini Lawyers had the opportunity to assist a client with the enforcement of her spousal maintenance obligations against her non- compliant former husband. In discussing the case with colleagues, it became apparent that many clients are often unaware that the Child Support Agency ("CSA") is able to assist a party to collect the maintenance, at no cost to that party.
Retirement villages are a popular choice for many Australians looking to downsize however buying a retirement village is a major financial decision which needs careful consideration and is more complicated then buying other types of residential properties.
Are You A Driver Charged With A Traffic Offence? Are You Facing A Period of Licence Disqualification or Suspension?
The traffic laws recognise that loss of licence can impact on a person’s ability to earn an income. As such, the law tries to balance the need for road safety with the needs of a driver convicted to provide financially for themselves and their family.
When assisting clients who are being sued, we consider and advise on a range of options and strategies and we work with our clients to achieve the best possible result for them in the most cost-effective manner.
Changes made by the Safe Night Out Legislation Amendment Bill 2014 (Qld) now provide for mandatory community service orders to be made by courts in certain instances.
I am often faced with questions from parents about the issue of overseas travel for their children. Some parents have reservations about allowing their child to travel overseas. These reservations can stem from concern about the safety of the particular country. The 'other' parent may have concerns that the child/children will be kept in that country and not returned.
We often see clients who are frustrated by the way an executor is dealing with the estate of a deceased person. It is rare, but it does happen, that an executor may deal fraudulently with an estate, such as by taking estate funds for their own benefit.
Our client was a frail, 67 year old lady for whom English was her second language. She had entered into a standard form of contract with a builder for the construction of a house. Our client contacted us after the builder had issued her with a notice to remedy alleged 'substantial breaches' of the contract for the most petty of complaints.
A commercial lease is typically entered into by a person or company ("tenant") with the owner of the building or premises ("landlord") for the purpose of receiving exclusive possession of said premises from which the tenant may conduct or manage his, her or its business.
Buyers who wish to buy brand new units and townhouses will most likely buy off-the-plan. The concept of buying off-the-plan involves a buyer entering into a contract to purchase a property that has yet to be built. This article highlights some of the issues that buyers should consider when buying off-the-plan.
Recently, the Queensland Government enacted new legislation resulting in some significant changes to the domestic violence laws in Queensland. The Criminal Law (Domestic Violence) Amendment Act 2015 was passed on 15 October 2015.
Our clients are sometimes faced with the dilemma of what to do when the contract for the sale of their house 'falls over'. For the purposes of this commentary, we will assume that the buyer is in default to settle and has therefore failed to comply with an essential term or is in a fundamental breach of an intermediate term of the contract.
common misconception that I see regularly amongst family law clients is that once you have separated, you don’t have to explain or account for your post separation finances. Many clients mistakenly believe that only the assets which existed at separation are taken into account and that an examination of what occurred after separation is irrelevant. If only it was that simple.
A great deal of my work as a criminal defence lawyer is dedicated to representing my client’s best interests on sentence proceedings following a plea of guilty. My role is to prepare and present the case to achieve the best possible outcome for each client.
The last twenty years has seen a significant increase in the prices and value of residential real estate. Consequently, a situation sometimes arises whereby elderly parents have built up significant equity in their home, while their adult children are unable to purchase a house without a contribution of a significant deposit and/or having the loan guaranteed.
Generally speaking, superannuation is an asset that does not fall into your estate. This can have significant benefits and can be an essential aspect of your estate planning, especially for those who are in business or in financial distress. When you pass away, your estate then has to pay out all of your liabilities before any gifts can be made to beneficiaries.
Under the Family Law Act 1975 (Cth) ("the Act"), same sex couples and heterosexual de facto couples are granted the same rights as married couples with respect to their property rights, provided that they meet the definition of a ‘de facto’ couple
In the past few months our Criminal Law Team has noticed a significant increase in drug related matters and enquiries.
One of the most contentious areas of finance law is that of guarantees. This typically involves the guarantee by one person of a loan made by a financial institution to another person who is often in a family relationship with the guarantor (for example, the borrower’s parent or spouse).
You may think that if a will is lost, that it no longer exists and cannot be used to distribute the estate of a loved one who has died. This is not correct.
In 2014 we reported that proposed amendments to the Queensland Building and Construction Commission Act 1991 ("QBCC Act") represented a dramatic shift in the powers of the Queensland Building and Construction Commission ("QBCC") against building licence holders.
One of our staff members saw the following posted in an online forum: “Wills. How do they work?? is it magnets? Apparently the post office Will Kits are no good. And I hear “Get a proper one with a lawyer.”
In recent years, Queensland parliament has introduced numerous new mandatory sentencing regimes which effectively limit the discretion of the judiciary to impose a sentence that is fair and just in the circumstances.
So, you have obtained formal Parenting Orders ("Orders") but you want to make a change to them. Easy right? Not so fast.
The information contained in the article was written specifically for those retailers, discusses general principles only and shouldn’t be relied on as being relevant to you.
When a person makes their will it is necessary for them to appoint at least one executor to carry out their instructions in the will.
Quinn & Scattini Lawyers’ Criminal Law Team is currently involved in a high profile case.
You may not have heard of Redkite yet, but after viewing their newly released awareness campaign – you won’t just want to know who they are, you will want to know how you can help them.
On 26 August 2014, the Safe Night Out Legislation Amendment Bill 2014 ("the Bill") was passed by the Queensland Parliament which is part of the Queensland Government’s 'Safe Night Out' strategy, with the objective to reduce alcohol and drug-related violence in Queensland’s nightlife.
Loose blinds, curtain cords and chains (particularly those with loops) have been the subject of extensive investigations, inquiries and consultations with industry associations, companies, people and health and advocacy groups in recent years, conducted by the Australian Competition and Consumer Commission ("ACCC") due to the number of deaths it has caused amongst young children.
Picture this: a man is dying in hospital and suddenly decides to change his will. A lawyer is called to attend the hospital to take instructions for the man’s will. The man, close to the end of his life, labouring to breathe, just barely able to summon enough energy to speak, gives his final will instructions.
Given the importance of administering a will according to law, if you have any questions, then you really should ensure you get appropriate legal advice so that you are not ultimately liable for any errors or omissions in the estate administration.
The world was graced with pictures and film footage of one of Australia’s richest men and a multimillionaire media mogul trading blows in a two-sided brawl. It was in public, in the middle of the day and can be classified as ‘affray’, a crime against public order, disturbing the peace and most importantly with the possibility of causing a bystander to be afraid.
The Queensland State Parliament is currently in the final stages of bringing about the Queensland Property Occupations Bill 2013 ("the Bill"). The Bill (once passed) will replace the Property Agents and Motor Dealers Act 2000 ("PAMDA"). The objective of the change is to reduce the complexity and level of technical regulatory requirements found in residential and rural property transactions.
In Queensland the Domestic Violence and Family Protection Act 1989 (Qld) ("the Act") was created to provide protection for victims of abusive or violent relationships. The Act is designed to protect both victims who reside with the other person and victims who seek an order which prohibits the other person from contacting the victim or going to their house or place of work.
The VLAD laws have received considerable attention by the media and have been widely discussed in the community. Following the introduction of these laws, the Premier of Queensland, Campbell Newman, last week made the extraordinary claims that any lawyer who represents bikies is “part of the criminal gang machine”.
An increase in the prevalence of alcohol-fuelled violence and ‘glassing’ has prompted authorities to crackdown on this phenomenon, particularly throughout the holiday periods.
Due to the increase in people driving under the influence of alcohol, Queensland Courts are taking a disapproving and serious view of this type of offending. As a result drivers are being punished with lengthy disqualification periods and high fines.
With the holiday season for most either having ended or about to end, you might be one of the recent people detected and charged with drink driving, speeding or other traffic offences on Queensland roads. For some drivers this will mean facing the New Year without a driver’s licence and may result in the loss of employment.
Prior to travelling interstate/overseas over the holiday period many people are deciding to prepare a will, as a just-in-case measure, to look after the interests of their loved ones in the event of an accident. However, unfortunately some people are either using a do-it-yourself will kit or inadvertently engaging a lawyer who does not properly draft the document.
A article published by The Courier-Mail writes about a remarkable set of circumstances where the Supreme Court of Queensland ruled that an electronic typed document made by a deceased person on a ‘notes’ app on his smartphone constituted a valid will.
With the spotlight on intoxication and violence in Queensland nightclubs and bars police are more likely than ever to be enforcing laws against drunk and unruly behaviour over this festive season.
An article in The Courier-Mail highlights an increasing trend in estate litigation where alleged lovers of a deceased make claims against the estate for provision. The article suggests the need for adult children hiring their own investigators in an attempt to fight off estate claims from alleged lovers.
Howard J of the Brisbane Registry of the Federal Circuit Court of Australia considered the plight of 'X' who was born in 1992 and suffers from significant disabilities, such that he requires 24 hour care. This young adult is unable to function on his own or without a high level of support. He suffers from cerebral palsy spastic quadriplegia, cortical vision impairment, coeliac disease, a heart murmur and gross oesophageal reflux.
The Queensland State Government has passed the Vicious Lawless Association Disestablishment Act 2013 ("the Act") which has the potential to have far reaching consequences on every individual and group, not just bikies. Under the Act harsh penalties are applied to any person deemed a 'Vicious Lawless Associate'.
Balancing between freedoms, rights and safety for all people is the dilemma encountered in any good government. Sometimes though, there are instances that shock people and sometimes cause a government to react quickly in the belief that they know what is best to preserve freedoms, rights and safety.
TThe Federal Circuit Court ("FCC") deals with a variety of family law issues. This article focusses on the situation where the FCC had reason to consider the circumstances of separation, the date of separation and how they both related to property settlement.
Queensland Attorney-General Jarrod Bleijie announced new laws to be introduced into Parliament as early as next year, allowing child offenders aged 10 to 16 to be given one chance before being named and shamed.
In a short period of time the Family Court of Australia had a number of 'special medical procedure' applications to consider. They concerned a condition known as gender dysphoria – where a child is born as one sex but assimilates identities and associates as being of the opposite sex.
Quinn & Scattini Lawyers are participating in ‘Breast Ever Brunch’, fundraising to support women with breast cancer.
On 27 August 2013, Judge Burchardt sitting in the Federal Circuit Court of Australia, Melbourne, handed down judgment following an extraordinary situation where a litigant in person refused to acknowledge the jurisdiction of the court or to answer questions from the bench based on his religion.
The G20 (Safety and Security) Bill 2013 is before the State Parliament. Josh Bavas from ABC News wrote in his article how anyone deemed a ‘threat’ can be detained without bail for at least the week of the summit. Also contained within the bill are powers for police to search any person on the spot for prohibited items and the ability to publicly broadcast names and photos of people 'prohibited' from the city.
Estate planning for blended families requires accurate advice and detailed consideration. In our experience estate planning for couples was simplified to the mere preparation of a will. While this is appropriate in many situations, it may not actually guarantee that your wishes are fulfilled.
Continuing from our earlier criminal law articles, concerning loss of privacy and attempts to strip away judicial responsibilities, is the new disturbing announcement of a trial where Queensland Police will now be tracking drivers through number plate recognition technology.
A topic that has continued to receive considerable attention, both in online commentary and in what our lawyers have been hearing from people raising it at social gatherings, has been the proposal by Government to strip away powers from the Queensland judiciary.
A critical balance must be struck by government, in the modern democracy, to ensure the right to privacy of its citizens against the ability to protect and preserve their safety.
By clicking the link provided below it will take you to an external website, the video clip should not be construed as legal advice and any comments seen on the page do not necessarily reflect the opinions of Quinn & Scattini Lawyers
On 25 June 2013, Russell Leneham, Accredited Specialist in Wills and Estates, appeared in the District Court at Brisbane on behalf of a client to oppose an application by the other party to dismiss our client’s court action. The following is Mr Leneham’s description of the hearing.
Read what Russell Leneham, a Director at Quinn & Scattini Lawyers had to say in in the Albert and Logan News.
Russell Leneham, a Director at Quinn & Scattini Lawyers, was today quoted in the Albert & Logan News supporting the establishment of a second Queensland Costco in Beenleigh, Logan.