Bank Guarantees v Security Deposits: Which is Better for Landlords?

August 24th, 2018|0 Comments

The choice of security under a lease is an important decision for a landlord. If a tenant defaults or breaches its obligations under the lease then the landlord can call upon the security (being either a security deposit or bank guarantee depending on the terms of the Lease). Which security [...]

5 Reasons to Think About Your Estate Planning Yesterday

July 3rd, 2018|0 Comments

Estate planning means something different for everyone.  In the simplest of terms, it can mean having a valid Will and Enduring Power of Attorney.  In the most complex of terms, it can be mean trusts, companies, binding death benefit superannuation nominations, crafted powers of attorney, end-of-life care and a myriad [...]

Welcome Michele Davis as Head of Succession & Elder Law

May 23rd, 2018|0 Comments

Wilson Lawyers is very excited to welcome Michele Davis as  Head of Succession & Elder Law practice group. Michele is an expert in succession law and one of the most passionate and enthusiastic lawyers you will find. Michele has a Masters of Law specialising in Wills and Estates and is a Fellow [...]

REIQ v ADL Contracts – Which should I sign?

May 17th, 2018|0 Comments

If you are looking to buy or sell residential property in Queensland, one of two forms of contract are likely to be used: “REIQ” or “ADL”. REIQ contracts are more common, however ADL contracts are still utilised by some agents. While both forms of contract are largely similar, their differences [...]

Landlords need to get Notices to Remedy Breach exactly right

June 12th, 2017|0 Comments

When a landlord wants to “get serious” about a tenant’s rental arrears or other breaches, the landlord will often need to prepare and serve a “Notice to Remedy Breach” (NTRB) on the tenant. In the recent case of Tyrrell v Jesbro Enterprise Pty Ltd [2017] QSC 055 the Landlord’s attempt to [...]

Review of Tighe & Anor v Pike & Ors [2016] QCA 353

June 1st, 2017|0 Comments

CASE REVIEW The obligation of a subsequent owner of land to comply with conditions of a development approval (“DA”) was considered by the Queensland Court of Appeal in Tighe & Anor v Pike & Ors [2016] QCA 353 (judgment delivered 23 December 2016). Facts The parties were each of the [...]

New Law About Recovering Land Tax From Tenants!

June 1st, 2017|0 Comments

The Queensland Court of Appeal delivered a decision on 6 September 2016 that will create shock waves for tenants. From 1 January 1992 until 2009, landlords could not recover land tax from tenants even if the lease said a landlord could do so. The law changed in 2009 to allow [...]

Review of JLF Corporation v Matos [2016] QCA 355

June 1st, 2017|0 Comments

Compliance with the requirements of the exercise of an option was considered by the Court of Appeal of the Supreme Court of Queensland in JLF Corporation Pty Ltd v Matos [2016] QCA 355 (judgment delivered 23 December 2016). Facts The appellant and respondent were parties to a Put Option Agreement [...]

Retail Shop Leases Update

May 28th, 2017|0 Comments

A tenant’s liability under the lease doesn’t go away after the business is sold and the buyer has taken over the lease. If the buyer defaults under the lease after settlement, the landlord can sue the buyer and the seller for the rent (and more). Retail shop tenants/sellers can obtain [...]