Articles

Can a body corporate regulate length of a tenancy?

With the annual schoolies ‘festival’ there has been a lot of press and other comment about the ability of a body corporate to restrict schoolies style tenancies. In addition, from an internal industry perspective there has been an increasing comment and concern about the mixing of short and long term tenancies (the usual owner...

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Recent decision confirming strict requirements for setting aside statutory demands

On 19 November 2009, the Supreme Court in Western Australia examined the strict requirements of section 459G of the Corporations Act 2001. Accommodation West Pty Ltd v Innis [2009] WASC 337 looked at the requirements under the section and whether or not an error of the registry staff and a filing clerk were fatal to an application to set aside...

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Hynes Lawyers engaged to undertake review of the Aged Care Act 1997

Developing the reform agenda Aged Care Association Australia (ACAA) is pleased to announce it has engaged Julie McStay of Hynes Lawyers to undertake a long awaited review of the Aged Care Act 1997 (Cth) (Act). This marks a very important first step forward in the reform of community and residential aged care in Australia. It also demonstrates...

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Can final certificates ‘over-ride’ adjudication decisions...

Can final certificates ‘over-ride’ adjudication decisions made under the Building and Construction Industry Payments Act 2004? The recent Supreme Court case of Martinek Holdings Pty Ltd v Reed Construction (Qld) Pty Ltd [2009] QSC 328 dealt with an application by a principal to a construction contract to prevent a contractor...

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Amalgamations of bodies corporate

We are seeing an increasing number of bodies corporate which are considering amalgamating with an adjacent body corporate which was part of the same development. The setting up The interest in amalgamations is derived from a wish to reduce: administration expenses (two or more AGM’s, two sets of committee minutes etc); the...

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