I Am a Lawyer Practising in Commercial and Property Law in Qld, Ask Me Anything

Disclaimer:

You should seek legal or other professional advice before acting or relying on any of the content here or on the internet generally.

Edit: I thought it important to mention there are free legal advice clinics set up in Qld. See link below for locations:

http://communitylegalqld.org.au/

Edit 2: happy for anyone to PM me if they do not wish to air anything out over the internet.

Comments

    • Sounds like you need a plumber, not a lawyer…

      Before spending money on a lawyer, try to see where the leak is coming from. You may need a tradesman to determine this. If it is something your insurance covers, then lodge a claim. If its a body corporate issue, let them know and request they pay for replacement of those floorboards.

      It could be as easy as a worn out seal that needs replacing.

  • +1

    My parents decided to buy my sister a house.. but they won't buy me one what can I do ???

    • +1

      Buy your own one with blackjack and hookers.

      On a serious note, why would they do that? what have you done? Are you a shit child? Are you already successful and they think your sister needs help? Many many variables. Maybe they might help you out later?

      I'm lucky, my dad gave my sister and I the deposit for our first homes.

  • If I want to take a manufacturer to court for breach of consumer rights, what would be the full process to go through?
    what are the costs involved?

    • Hi,

      The ACCC have is a great source of information for consumer complaints. They have a step by step guide for lodging complaints.

      https://www.accc.gov.au/consumers/complaints-problems/make-a…

      • I'm referring to 'Step 3 - Take legal action'

        what is that process?

        i.e. do I just google for a lawyer, what should I be expecting to pay?

  • hi there, using a Will kit is legal enough to do my Will? and do i need to renew it every year?

    • Wills can often times be complex, especially when you have assets to your name and children.

      I would recommend a solicitor draft a will for you.

  • I am owner of the house ( with spouse & children ).Do I need to make a legal will ?

    • Not all people make wills but is definitely a good idea, especially if you have assets and want to nominate who gets what after you pass.

      If youre in Qld, let me know if you would like some information and I can PM you.

  • Hey OP, hope you can please give me some advice here.

    So I recently brought a new phone on eBay for $850+. Paid through Paypal and received my package 3 weeks later. Except what I received isn't what I ordered at all. Instead of the brand new HTC U11 I brought I received 2 plastic models of Samsung Galaxy S6 in an iPhone packaging. I thought I was scammed and immediately contacted the merchant asking for an explanation and a refund. As per eBay's terms and conditions I have given them 4 days to work a resolution out for me and agreed that I will do everything I can to corporate, and all they've given me was that they've reported this to ACORN three days after I received the package and gave me a reference number after I requested for it multiple times. At this stage it seems they're just delaying this as much as they can and even trying to shift the blame on me. I am going to get Paypal and my bank to dispute this for me if they are still unable to provide a proper solution for me, but just wondering what else do you think I should do in this case and what are the chances of me getting my money back?

    TLDR, brought a brand new phone on eBay but received 2 plastic models of Galaxy S6 instead; merchant not giving me any concrete explanation at all and has not confirmed nor denied my request to have a refund; going to dispute it via Paypal and bank and have kept all correspondence and receipt of purchase. What more should I do and am I going to get my money back?

    Thanks for your time!

  • What aspects of practice do you see to be disrupted by AI?

  • Hi,

    Just wanted to ask what is the definition of "First Home Buyer". So if I bought investment properties and obviously never lived in them but later I buy a property to live in am I eligible for First home buyer privileges? as technically that is my "first home". Sorry if this is a stupid question.

    • +1

      Hi,

      Pretty much cannot have previously owned a property.

      If you purchased property under say a company or trust, and have never owned property in your own name, then you would be eligible.

      You may still be entitled to a Home concession though (as opposed from First Home concession) which you could claim.

      See OSR Qld website for details.
      https://firsthomeowners.initiatives.qld.gov.au/eligibility.p…

      • Thanks I am in NSW. The rules are not as straightforward. From the office of state revenue

        All applicants and/or their spouse/de facto have not previously owned a residential property jointly, separately or with some other person in any State or Territory of Australia, and occupied that property for a continuous period of at least six months.

        This statement makes it sound confusing.

  • A friend's father owes $240k to the bank on a property worth around $1m. He wants to clear his debts and have some spending money by selling his property and buying a cheaper one. However, this will incur transaction costs and stamp duty and result in him moving to a lower socio-economic area. The friend wants to lend his father $160k to reduce the bank debt to $100k with $20k spending money, and his father will use his super to pay-off the rest of the mortgage and repay the principal and interest to his son by working part time.

    What does the friend need to do legally to ensure that this loan is like a mortgage, secured on the property, so that if, say, his father passes away, his brother won't try to claim half of the property, without taking into account the father's debt to the friend. What is the cost of this?

    Are there alternatives that are less expensive/free, but provide less security to the friend?

    • Hi,

      This definitely should be looked at by a solicitor due to the size of the loan. There will be costs to prepare formal loan and security documents, would need to do some financial checks on the outstanding loan figures and value the property.

      Highly recommend a lawyer take care of this for your friend.

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