Articles

The different definitions of a community

One of the ‘joys’ of the management rights industry is that there are no two identical management rights businesses. Each business has its own idiosyncrasies, whether they relate to the income streams, types of units, forms of management agreements and the like. More importantly though are the individual personalities that form...

Insolvent trading trusts – a note of caution for creditors

In a decision delivered on 16 February 2010, the Supreme Court of Queensland had to consider the position of a corporate trustee of a trading trust (which had been through a deed of company arrangement) and whether a creditor who would ordinarily be unsecured was in fact secured. The decision is Adams v Zen 28 & Ors (2010) QSC 36. Hynes...

Settling BCIPA claims – fraught with peril

In a recent newsletter, we highlighted the technicality surrounding the operation of the provisions of the Building and Construction Industry Payments Act 1994 (‘the Act’). In a recent decision under the Act between National Vegetation Management Solution v Shekar Plant Hire Pty Ltd (2010) QSC 3, a builder found that their attempt...

Acting on building defects

We are all aware that these days people who are injured are very quick to blame someone else for their injuries, and this is translating into an increasing number of legal claims being made against bodies corporate. The first step to avoid the claims is to make sure that the premises are in good condition, and that regular reports are sought...

Knowing your management rights agreement

Welcome to the new decade! A recent supreme court decision in New South Wales has cast more legal light on the issues surrounding options in management rights agreements and what constitutes a default. While this decision is not formally binding in Queensland, it will be very persuasive. The situation was that a resident manager had an...

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