CCL Blog: Take the Law........

An appeal court has overturned a ruling that a labourer “not very interested in obtaining employment” was responsible for his own injury and that

Google and Facebook are right to think the News Media and Digital Platforms Mandatory Bargaining Code (MBC) is a hit-job.
The stated purpose of the l

Despite its reputation as a problem suburb, Inala is set to emerge as Brisbane’s next property hotspot.
Property analyst Terry Ryder fro

No one wants to get injured at work. But sometimes accidents happen – especially if you’re working in a high-risk industry. So what should you do

Personal injury claims are one of the most common types of civil lawsuits brought by individuals. Before lodging a claim, it is important you understa

Gable Tostee is suing the state for $300K in damages, claiming he was assaulted and wrongfully arrested by police.
The accused ‘tinder k

On Friday December 8, CCL staff, partners and clients celebrated the end of a massive year of wins. 

The festivities took place at Les

A 36-year-old Brisbane woman is suing doctors for a delay in diagnosing her cancer, despite multiple complaints and visits for her symptoms.

Jodie

Accident related emotional trauma can have a devastating impact on a person’s quality of life and is a key factor in many personal injury claims. If

WorkCover’s appeal against the Continue reading

Neil Balnaves, the skipper of the Bayliner cruiser returning from Couran Cove that collided head-on with a speedboat on a narrow bend in the Coomera R

The quaintly named Property Occupations Bill is finally in the public domain with Attorney-General Jarrod Bleijie already receiving subm

A late-night reveller was the victim of her own ill-judgment when she accepted a ride on the back of a motor-cycle from Brisbane’s Sofitel lobby bar b

Routine job interviews have been lined with booby traps to kill off the chances of workers desperate to re-gain a job. And many applicants should now

The long-overdue wind back of the spectacularly counter-productive PAMD Act has been set in train with the introduction to Queensland Parliament of en

Before even arriving at the Robina Tavern for the birthday party, Terry Miles had been drinking at the Broadbeach Hotel.
By the time he ha

The mobile phone and an affordable family car are some of the greatest of human achievements. A moving car is also a dangerous object. Our mounting ro

Injuries are the leading cause of travel-related deaths worldwide accounting for up to 25 times more deaths than disease say travel medicine researche

“Never again in Australia will we have a situation in which a person may be tak­en to court for expressing a political opinion,” Senator Brandis

New laws that deny employment rights to workers who give incomplete information about their medical history in job applications, will lead to “emplo

In an indicator of a heating property market, Redcliffe peninsula buyers have taken Supreme Court proceedings to hold a seller to their November 2013

At 8,848m (29,029 ft) above sea level – close to the common cruising altitude for international airliners –the summit of Mt Everest is the world’s

February 1 marked the launch of Carter Capner Law’s custom tool to give online shoppers greater insight – in seconds – into the actual results t

It’s routine in the USA even at the finest establishments. Diners box up their leftovers, or – to encourage a generous tip – their waiter doe

Queensland’s Taxi Council warns passengers risk their own safety through “unlawful, unsafe and uninsured” ridesharing and advertises as much

CCL cycling leader Bartholomew Lee was in March part of a group of four riders in one of the top 10 toughest one-day cycling events on earth, 3 Peaks

With more than 48 members on CCL Cycling (Strava.com/clubs/cclcycling), our memberships benefits are

As she emerged from Woolloongabba’s Nile Street to enter into Wellington Road, Diana Girle’s Renault collided with a Mitsubishi driven by 19-year-

A night-filler who injured his back from continuous awkward motions required of his role over the entire period of employment has succeeded in strikin

The Property Agents and Motor Dealers Act (PAMDA) specifies that the form 30c warning statement must be attached to the contract as its first or top s

Frequently sellers will require a potential buyer to waive or shorten the cooling off period because for example, an auction is pending within the 5 d

There is a hidden trap in the Fire and Rescue Service Act 1990 (Qld) (‘the Act’). The effect of it is that under the standard REIQ Contra

Version 6 of the REIQ house/land sale contract specifies the “initial deposit” must be paid “when the buyer signs this contract”. Version 2 of the com

The short answer to this question is “Immediately and always”. The standard REIQ residential contract provides in condition 8.1 that: “The Property is

There has been a groundswell of protest from the real estate industry. The new sustainability declaration requirements impose a needless extra cost on

On the 22 June s 212 of the Body Corporate and Community Management Act 1997 (“BCCMA”), dealing with cancellation by buyers of off-the-plan c

What can a buyer do after a house contract is signed if they discover through solicitors’ searches that there is no council building approval for pa

The standard REIQ finance condition in residential contracts states the buyer must give notice to the seller:

• that finance approval has n
  

In April, the Supreme Court* ruled on another contract termination argument about apartment balconies and whether they measured up to contract terms.

In a radical alteration to the rights and obligations of parties to leases, the Retail Shop Leases Act (“RSLA”) requires landlords to give to tenants

The Integrated Planning Act 1997 (“IPA”) mandates council approval in respect of some leases as if the lease were a subdivision of a lot.

When the Retail Shop Leases Act (“RSLA”) was amended in 2006, combination and capped rent review provisions that were in common use but of qu

Section 22 of the Retail Shop Leases Act 1994 (RSLA) requires a draft lease and disclosure statement to be given to the prospective tenant “a

At lease review time, what should come first – the review of market rent or the exercise of the option?

Tenants would obviously prefer to know the

Tenant-in-default procedures for rental recovery and re-entry into possession are subject to specific statutory requirements. But forward-thinking com

A recent Court of Appeal decision* has clarified the validity of retail rent review provisos that allow for CPI or market review increases but specify

As a recent Supreme Court decision* illustrates, a change in the identity of the occupier of commercial premises does not necessarily constitute an un

Every lease has a “permitted use” clause which specifies the nature of the operations that a tenant is entitled to conduct on the premises. Typically,

The Queensland Premier today announced some relief to investors and commercial landlords from the worst aspects of changes to the basis upon which val

In the past water licences were “attached” to land and accordingly were transferred automatically on sale. The Department of Natural Resources and

The Workplace Health and Safety (WH&S) Regulation 1997 is often overlooked when contracts for commercial properties are prepared. If a commercial

This issue was clarified recently by the Supreme Court of Queensland*. M sent an offer on letterhead dated 8 April 2008 to Acme Real Estate offering t

The provisions of the Legal Profession Act 2007 that restrict what agents may do in relation to preparation of real estate contracts have been relaxed

In a recent development, some solicitors are requesting agents to sign an acknowledgement to confirm that PAMDA requirements have been observed in rel

A facsimile transmission or e-mail is an “Electronic Communication” as defined in the Electronic Transactions (Queensland) Act 2001 (“ETA”).

The purchase of Australian residential real estate by foreign persons is governed by the Foreign Acquisitions and Takeovers Act 1975. The For

In September 2003 two Chinese buyers signed an off-the-plan contract for an apartment in an inner-city development. When the plan was finally register

The High Court of Australia recently ruled* that GST applies to forfeited deposits if:-

• The vendor is registered for GST (or required to
  

Stamp duty changes that came into force today and trumpeted in the recent Queensland budget as a big gain for home buyers will put most buyers in the

In this article we would like to remind agents who manage residential tenancies of the importance of the time limits for recovery of rental arrears un

As we all know, the landlord or agent must give tenants a written condition report before the date of commencement of a residential tenancy – s 42 <

On 1 July the Residential Tenancies Act 1994 (“RTA”) was repealed and replaced with the Residential Tenancies and Rooming Accommodation A