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Granny Flat Disaster

It has been said that the road to hell is paved with good intentions.  The same could be said for the road to the courts, when families come into dispute over property arrangements.  Recently, the Queensland Supreme Court considered an appropriate outcome for the failure of a “granny flat” arrangement – where Bonnie C came […]

Clawback of leasing incentives

Back in 2014, QBM Lawyers successfully applied to dismiss proceedings claiming the clawback (repayment) of over $1M in leasing incentives which were claimed to be repayable because of the termination of the lease.  This was in the matter of GWC Property Group Pty Ltd v Higginson [2014] QSC 264 (“the GWC Decision”).  Common kinds of […]

Seller forced to pay $1,650,000 commission on failed sale

In an earlier news article, we discussed the risks of sellers blindly signing agent’s appointments which often incorporate provisions requiring the seller to pay commission on sales which have not settled.  The REIQ standard terms for agent’s appointments contain that quite hazardous obligation, together with other provisions which might excite the interest of the seller’s […]

Queensland Enduring Powers of Attorney

The usefulness of Enduring Powers of Attorney cannot be underestimated, and should be considered as part of any estate or business planning exercise. But what is an enduring power of attorney, how are they made, and should you agree to be an attorney?  This article sets out the basic framework for the instrument.  In a […]