Insights
Stay informed with the latest legal updates, expert commentary and practical advice from the team at Miller Harris Lawyers.
Brangelina no more
The internet has almost broken again this week with the news breaking that on 19 September 2016 Angelina Jolie filed for divorce from Brad Pitt. The couple have been together for 12 years, they married in 2014 and have six children together. Jolie has hired infamous...
Queensland Introduces New Smoke Alarm Laws
Many will remember the 2011 house fire at Slacks Creek in Logan, which claimed the lives of 11 people. As a result of the house fire, a coronial inquest was held between 14 and 25 August 2014, in which the circumstances surrounding the house fire were investigated. As...
The importance of properly drafted special conditions
A recent case before the Supreme Court of Queensland reminds us about the importance of properly drafted special conditions in contracts, particularly those for sale and purchase of land in Queensland. In International Palace Pty Ltd v Novaheat Pty Ltd [2016] QSC 75...
Personal Property Securities Update
Registering your interests – the importance of correct identifiers The importance of correctly registering a security interest on the Personal Property Securities Register (“the Register”) cannot be overstated. Whilst the process for registration is very simple and...
Amendments to Retail Shop Leases Act
The Retail Shop Amendment Act 2016 received royal assent in May 2016. The Queensland Government has now announced that the amendments will come into effect on 25 November 2016. There are a whole suite of changes to the Retail Shop Leases Act that will affect all...
Protecting assets – can you trust in your trust?
A common misconception is that assets held in a trust are protected from family law property settlements. The reality is that trust assets can be taken into account in property settlements as if they were assets of a party. Whether trust assets form part of a family...
Changes to Energy Disclosure Laws for Commercial Buildings
In 2010, the Commonwealth Government implemented the Commercial Building Disclosure Program (“Disclosure Program”). The Disclosure Program mandates the disclosure of energy efficiency for commercial spaces and was introduced to provide incentive for commercial...
Self-managed super funds – What happens when a member dies?
It might seem alarming to some that superannuation is not automatically an asset of your estate and therefore is not (in the usual course) controlled by the provisions in your will. If a member of a super fund does not have a binding death benefit nomination in place...
Johnny Depp & Amber Heard – An uncertain settlement
Johnny Depp and Amber Heard have recently gone through a very public and acrimonious divorce. Depp and Heard were married for just 15 months and did not have a pre-nuptial agreement. Depp is said to be worth over US$400 million and Heard US$9 million. They have...
Don’t be caught out with hidden costs when looking at purchasing property
Are you looking at purchasing property and are you aware of all the costs involved? Stamp/Transfer duty, registration fees, building and pest inspection costs. They all add up. Did you know that you can obtain a stamp duty estimate online instantly? Click on the...
I want a divorce – but not from your family’s money
Recently the Federal Circuit Court found that a husband’s wealthy family did not have to support his ex-wife’s lavish lifestyle to which she had become accustomed. The husband had historically received an income of $100,000 per annum in addition to a $50,000 gift from...
Supreme Court decision highlights importance of land contracts
A recent decision of the Supreme Court has highlighted the need for parties to land contracts to have their contracts carefully drafted by a lawyer, and to comply strictly with time limits in the contract. A commercial property was sold pursuant to a contract with a...
Additional Foreign Acquirer Duty
As part of the Queensland Government's 2015/2016 budget measures, it will be introducing a 3% Additional Foreign Acquirer Duty ("AFAD"). This duty will be payable by foreign residents or entities who are purchasing residential land or property in Queensland and will...
Celebrating equity and diversity
This month’s Proctor magazine has analysed trends for women entering into and staying in the legal profession. Some of the figures are staggering, particularly the finding that whilst more females are entering the profession (about 65% to 35% males) by their 40th...
Round-up of recent insolvency decisions
Liquidator’s remuneration trends in the New South Wales Supreme Court - In the matter of Independent Contractor Services (Aust) Pty Ltd (in liquidation) (no 2) [2016] NSWSC 106 The applicant was appointed administrator of Independent Contractor Services (“ICS”) on 4...