Sunshine Coast Conveyancing and Property Law 

BODY CORPORATE LAW

 

If you are either a unit owner, occupier, member of a body corporate or reside in a property run by one, then it is likely that body corporate law will ultimately be an issue that will confront you.

We can assist you with:

  • Management of a Body Corporate;
  • Administration of a Body Corporate;
  • Repair and maintenance of the common property of a body corporate;
  • Insurance issues;
  • Compliance with regulations and rules affecting a Body Corporate;
  • Dealing with Body Corporate disputes 

BUILDING AND CONSTRUCTION LAW

 

We can provide you with assistance in formulating and drafting building or construction contracts as well as dispute resolution and litigation in the unfortunate event of problems arising out of such contracts.  We can assist you in enforcing your rights and defending claims.

We ensure that we remain up to date in relation to all aspects of the relevant legislation including the Queensland Building Services Authority Act, Domestic Building Contracts Act, Subcontractors Charges Act and the Building and Construction Industry Payments Act.  As a result we can provide you with comprehensive advice in relation to both residential and commercial construction issues.

CONVEYANCING

 

The term “conveyancing” refers to the buying and selling of property. 

Home ownership is one of the most important financial decisions in one’s lifetime.  We provide legal assistance and advice in all facets of conveyancing in order to reduce unnecessary worry.  We attend to all conveyancing matters including:

  • House, Unit and Land purchase and sales;
  • Commercial Property transfers;
  • Farms;
  • Businesses;
  • Transfer of shares in companies and unit trusts.

We recommend that you consult us prior to signing any documents.

We act on your behalf from start to finish including drafting of contracts and associated documents, conducting searches, completion of necessary transfers and other documents, liaising with other parties, banks, mortgagees and brokers, attending settlements and registering of all dealings.

LEASING

 

We assist clients in all forms of leasing and have many landlord and tenant clients.  We advise on all forms of leasing including:

  • Retail Shop Leases;

  • Commercial Leases;

  • Residential Tenancies for Houses and Units;

  • Farm and Rural Leases.

MORTGAGES

 

A mortgage is a registered security over your property.  Before you allow a mortgage to be registered on your property it is essential that you fully understand your rights and obligations under the mortgage.  We can provide independent legal advice in relation to mortgage documents as required by many financial institutions.

If you are loaning money or are owed money you may want to think about obtaining security for that debt by registering a mortgage to protect yourself to ensure that you are repaid.  We can prepare all necessary documents and attend to registration on your behalf.

If there is a default under a mortgage then we can tell you what your rights are to ensure that a mortgagee discharges its obligations in relation to a forced sale of your property if that eventuates.
 

PLANNING AND ENVIRONMENT

 

Whether you are a developer, resident or interested member of the community we can advise in relation to many aspects of development applications to Council including:

  • Legal aspects of Development Applications;

  • Making submissions (objections) against Development Applications;

  • Appeals to the Planning & Environment Court against a decision of Council;

Strict time limits apply in relation to the lodgment of submissions and appeals.  It is important that you speak to us at an early opportunity to ensure that we can protect your interests, which may involve the engagement of expert consultants to advise in specialised areas.

RESUMPTIONS

 

There are circumstances in which governmental authorities can resume (compulsorily acquire) part or all of your property.  We can tell you what rights you have to object to resumption.

If a resumption is to proceed then you may be entitled to compensation. It is important to receive proper advice in relation to the calculation of you compensation entitlements, your rights to negotiate and appeal if you disagree with what is being offered by the governmental authority.
We regularly:

  • Prepare objections to resumptions;
  • Prepare submissions in support of claims for compensation;
  • Negotiate settlement of claims for compensation;
  • Prepare applications to the Land Court in respect of the determination of compensation entitlements.

RETIREMENT VILLAGES

 

Retirement should be a stress free period of life.  Before entering a Retirement Village you should consult us so we can review you residence contract and make sure there are no hidden traps.

We can advise you of the implications of the Retirement Villages Act insofar as it relates to and regulate your relationship with your scheme operator. It is important that you understand that you do have rights to challenge decisions that are made and the legislation encourages the participation of residents in the operation of their village. Open communication with your scheme operator should be expected and in the event of disputes, a process of dispute notification and mediation is prescribed.

We have assisted many residents to fight to ensure they maintain their rights in a fair and equitable way.
We can also assist in:

  • Implications of entering into a residence contract in relation to stamp duty and GST;

  • Matters relating to service fees and levies and the proper methods of calculation thereof;

  • Refurbishment and Capital Replacement costs;

  • Termination of residence contracts and vacation of retirement village premises.