Publications - Miller Sockhill Lawyers

Trusts ·

Terminating Trusts

What is a Trust? A trust is a legal instrument whereby property and/or assets are held by a third-party, the trustee, on behalf of beneficiaries.…

Conveyancing ·

Purchasing Property – Joint Ownership

Purchasing Property – Joint Ownership If you are considering purchasing property with one or more others, it is important to think about what portion of…

Litigation ·

Abandonment of a Contract

Abandonment of a contract occurs where it is apparent from the conduct of the parties to a contract, that neither intends on continuing to perform…

Family Law ·

Family Law: Before Court – Pre-Action Procedures

Under Schedule 1 of the Family Law Rules 2021 (Cth) (the ‘Rules’) before a party can commence parenting or financial proceedings in Court there is…

Conveyancing ·

Sunset dates when buying off-the-plan property

When buying land or a property in a community titles scheme that is not yet registered, it is important to be aware of and understand…

Employment Law ·

Non-Solicitation Clauses

A non-solicitation clause is generally contained within an employment contract to protect an employer’s business and clientele after an employee leaves their business. The purpose…

Family Law ·

What is a Binding Financial Agreement?

What are Binding Financial Agreements? Under the Family Law Act 1975 (the Act) a Binding Financial Agreement can be made between two spouses (whether they…

Commercial ·

Severe Weather, Flooding and Leases

Overview With severe flooding and weather events ravaging most of the Eastern coast of Australia in recent times, it is important for tenants to understand…

Conveyancing ·

Extreme Weather Events and the Purchase of Property

With the recent extreme weather Queensland has been experiencing, many people purchasing houses and property have been affected. Events such as flooding can come without…

Litigation ·

Neighbourhood Dispute – Storm Damage

With the recent severe weather events battering the South-East Queensland, it is imperative you understand your obligations as a neighbour and a tree keeper to…

Commercial ·

A brief Overview of Copyright in Australia

Copyright in Australia is governed by the Copyright Act 1968 (Cth) (“the Act”). Copyright is defined in the Act as the exclusive right to copy,…

Conveyancing ·

New REIQ Contracts

New Editions of REIQ Contracts On 20 January 2022, new editions of the Contract for Houses and Residential Land and Contract for Residential Lots in…

Family Law ·

COVID 19 Vaccinations & Children 2022

Covid-19 has been a contentious issue from the very beginning of this pandemic, and it does not appear to be slowing anytime soon. With the…

Litigation ·

Building Defects – Limitation of Actions

When building a property, generally, any defects become apparent prior to or shortly after practical completion has occurred, allowing you to seek rectification of the…

Commercial ·

Certificate of Occupancy – Implications for Landlords and Tenants

A Certificate of Occupancy (formerly known as a Certificate of Classification) is a certificate over a building or structure that shows its classification under the…

Litigation ·

Caveats

What happens when you lodge a caveat? Where parties are in dispute regarding property matters, a caveat is often used to allow time for the…

Uncategorised ·

Understanding Your Legal Costs

The thought of engaging a lawyer to act on your behalf in any type of legal matter can be quite daunting and overwhelming especially when…

Commercial ·

Is my Trade Mark Registerable?

Registration of a mark in Australia provides the owner with proprietary rights in the country and entitles it to restrict the use of the trade…

Employment Law ·

Procedural Fairness

It is important for employers to be careful when managing, disciplining and dismissing their employees. While monitoring the performance and conduct of employees is always…

Litigation ·

Obligation of a Body Corporate to Maintain Common Property

Overview The Body Corporate has a strict statutory obligation to maintain the common property in a good condition. Legal Principles Section 152 of the Body…

Family Law ·

Spousal Maintenance

Spousal Maintenance, who is entitled to it? Under the Family Law Act 1975, both spouses have a duty to maintain and support the other, even…

Commercial ·

Trade Mark Due Diligence in Establishing New Businesses

When starting a new business, a key consideration is branding and the use of a mark. This is not to be confused with a business…

Commercial ·

Corporations Amendment (Meetings and Documents) Bill 2021

On 20 October 2021, the Corporations Amendment (Meetings and Documents) Bill 2021 (the Bill) was introduced into parliament with the objective of modernising the use…

Commercial ·

Registration of Commercial Leases

When entering into a commercial lease, a common consideration for tenants is the question of whether they require the lease to be registered. To “register…