Publications - Miller Sockhill Lawyers

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…

Employment Law ·

Mandating the COVID-19 Vaccine – Update

Mandating the COVID-19 Vaccine – Fair Work Ombudsman Update Whether an employer can mandate an employee to receive the COVID-19 vaccine requires considering an array…

Litigation ·

What you need to know about posting defamatory or hateful publications on social media

OVERVIEW With the progression of social media, it is important to understand the consequences that may arise from posting a defamatory or hateful publication…

Employment Law ·

The COVID-19 Vaccine – Employer/Employee Rights and Obligations

The COVID-19 Vaccine – Employer/Employee Rights and Obligations Summary Employers currently cannot expressly require employees to receive the COVID-19 vaccine. An employee must follow an…

Commercial ·

Business Structures – Aligning your Commercial Business Venture with the suitable Business Structure

When it comes to choosing a business structure for your commercial business venture, there is no ‘one size fits all’. This decision will largely turn…

Estate Planning ·

Have you been adequately provided for in your loved one’s Will?

What do I do if I want to contest a Will? The most common reasons people contest Wills in Queensland are: Being left out of…

Commercial ·

The end of the COVID-19 Regulation protection for Commercial Leases

THE END OF THE COVID-19 REGULATION PROTECTION FOR COMMERCIAL LEASES On 28 May 2020, the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation…

Conveyancing ·

Is Commission Payable?

Is Commission Payable? If you are selling a property, are you aware of your obligations to pay the Agent’s commission? It is important to ensure…

Neighbourhood Disputes ·

Neighbourhood Disputes

Neighbourhood Disputes Photo credit: wuestenigel on Visualhunt / CC BY Are you finding yourself in a dispute with your neighbour? Under the Neighbourhood Disputes…

Neighbourhood Disputes ·

Neighbourhood Disputes

Neighbourhood Disputes Photo credit: wuestenigel on Visualhunt / CC BY Are you finding yourself in a dispute with your neighbour? Under the Neighbourhood Disputes…

Commercial ·

Consumer Guarantees

Are you complying with the Consumer Guarantees? If you are a business that provides goods (selling, leasing or hiring) or a service to a consumer…