Publications - Miller Sockhill Lawyers

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…

Commercial ·

Indicators of Insolvency

Overview As a director of a company, it is essential that you are aware of the key indicators that your company may be insolvent or…

Family Law ·

Child Support Agreements – what are they and who can get one?

Part of the process when finalising your affairs after the breakdown of a relationship involving children is to decide what the care arrangements for the…

Property Development ·

Property Zoning

Your Sunshine Coast Property Zoning and the proposed new Planning Scheme Overview The council implements planning schemes that are focused on the land (slope, bush…

Construction Law ·

Scheduling Compliance – Payment Obligations in the Construction Industry

Scheduling Compliance – Payment Obligations in the Construction Industry Timely payments in the construction industry are essential. Whether you’re completing the works and require payment…

Conveyancing ·

An Overview of GST – Sale of Property

An Overview of GST – Sale of Property When selling real property, Goods and Services Tax (GST) can often be overlooked or forgotten. This can…

Litigation ·

Unconscionable Conduct

Overview Unconscionable conduct deals with transactions between a dominant and a weaker party. Unconscionable conduct is prohibited by equity and by statue. It is…

Estate Planning ·

What happens if I die without a will?

Why having a Will is important? You may be surprised to learn that almost half of Australians die without a valid will. When you die…

Commercial ·

Turnover Rent Considerations in Leasing

Turnover Rent Considerations in Leasing Commercial Leases, whether retail or otherwise, can be overwhelming for even seasoned tenants due to the quantity and complexity of…

Planning & Environment ·

Protecting Views

Protecting Views For many people, the view from a property is an important aspect of both purchasing and owning a home. Views can add to…