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Mahoneys aims to keep our clients up-to-date with the latest in legal information.

  • 11-Feb-2019 / Posted by John Mahoney

    The compliance challenge

    In this modern world of extreme regulatory control it should perhaps come as no surprise to most readers that there are many aspects of operating a management rights business which in order to achieve regulatory compliance require a multitude of certificates, reports and records. Whilst litt..
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  • 25-Jan-2019 / Posted by John Mahoney

    Why a lot owner deed is so important

    A recent decision of the Office of the Commissioner for Body Corporate and Community Management (OCBCCM) has highlighted the importance of complying with the ‘lot owner deed provisions’ of the Body Corporate and Community Management Act (Act). In simple terms, section 116 of the Act requires..
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  • 25-Jan-2019 / Posted by Mitchell Downes

    Mahoneys secures costs for resident manager in landmark QCAT victory

    Recently, Mahoneys acted for a resident manager in a termination dispute with the Body Corporate. The trial lasted 10 days. Our client, the resident manager, was successful in defeating the body corporate's attempts to terminate the management rights contract. In a landmark decision, the..
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  • 18-Dec-2018 / Posted by Rhys Williamson

    Implications for business when Australia implements APEC’s Cross Border Privacy Rules System next year

    After consultation with business and stakeholders, the Australian Government recently applied to the Asia-Pacific Economic Cooperation economic forum (APEC) to participate in its Cross Border Privacy Rules system (CBPR System). APEC endorsed the application on 23 November 2018. What is the CBPR ..
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  • 13-Dec-2018 / Posted by Cath Champion

    The role of the Enduring Power of Attorney in relation to binding death benefit nominations

    This article explores the role of the enduring power of attorney to effectively make a binding death benefit nomination after a member of a self-managed superannuation fund (SMSF) loses capacity, and the validity of such a nomination. What is an Enduring Power of Attorney? An enduring powe..
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  • 22-Nov-2018 / Posted by Antony Harrison

    Medical practice structuring and home ownership

    Medical practice structuring and home ownership Structuring your medical practice to protect the family home Are you a medical practitioner? Trading as a trust may be the best way to minimise your personal exposure in the event of bankruptcy. Depending on your priorities and risk profile, ..
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  • 22-Nov-2018 / Posted by Rhys Williamson

    Unpacking recent changes to Australia’s IP legislation

    Recent changes to Australia’s intellectual property legislation reflect some of the recommendations made by the Productivity Commission in 2016. This article explores how these changes will impact parallel importers and plant breeders, as well as addressing trade mark cluttering. We further exam..
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  • 12-Nov-2018 / Posted by John Forde

    Three strikes and you’re out – but only if you play fair

    We are pleased to announce a further victory for one of our resident manager clients in the Queensland Civil and Administrative Appeal Tribunal. In this matter the Body Corporate by its committee had embarked on an endeavour to terminate the Grounds Maintenance Contract (“GMC”) with our clie..
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  • 02-Nov-2018 / Posted by Will Kenny

    War, what is it good for?

    With so much at stake, Mahoneys recommends community title scheme managers work towards an amicable solution before pursuing litigation. In Mahoneys’ recent victory in TLL Investment Pty Ltd v The Body Corporate for the Grange CTS 30993, the member’s judgment opened with a quote from former ..
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  • 31-Oct-2018 / Posted by John Forde

    A matter of trust: the fiduciary duties of body corporate committees

    An exploration of how body corporate committee members have a legal responsibility to carry out their duties judiciously – particularly regarding the use of “information”. The fiduciary duties of a body corporate committee exist at general law and are restated under the Body Corporate and Co..
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