by actionproperty | Dec 3, 2014 | Leases & Rentals | 0 Comments
The dangers of Incentive Deeds separate from a Lease have been highlighted by a recent $1.2M claim against Lease guarantors. A legal firm leased office premises November 2010 at a rental just under $800K pa, but by mid 2013 the premises were abandoned and the firm in... read more
by actionproperty | Aug 6, 2014 | Resumption & Compensation | 0 Comments
A pioneering Appeal Court decision has confirmed that resumption compensation for “Disturbance” cannot be reduced even when the resumption increases the value of the remaining property through “Betterment”. Disturbance refers to consequential costs considered... read more
by actionproperty | May 5, 2014 | Council Rates & Land Tax | 0 Comments
The rampant pillaging by Qld Councils of non-voting ratepayers has been partially checked following a milestone Supreme Court ruling last week. Unlike other States, Qld Councils have few limitations to plunder at will in a blatant political vote-buying strategy of... read more
by actionproperty | Mar 16, 2014 | Valuation Matters | 0 Comments
A high profile Sydney court battle highlights the inherent conflict between the industry adopted meaning of “Market Value” and a Mortgagee’s duty under Section 420A of the Corporations Act when undertaking a “Forced Sale”. The Act requires in exercising a power of... read more
by actionproperty | Dec 6, 2013 | Leases & Rentals | 0 Comments
The High Court has just confirmed that a Liquidator of an insolvent Lessor company has the ability to disclaim a lease agreement thus extinguishing Lessee rights. Tenants in this scenario may have their tenure reduced akin to an unsecured creditor. Implications are... read more
by actionproperty | Aug 1, 2013 | News Trends & Legislation | 0 Comments
From today 01 August 2013, amendments to the Body Corporate and Community Management Act 1997 (BCCM Act) take effect. Buyers will now need to conduct more thorough due diligence because sellers are no longer required to provide: • a copy of the Community Management... read more
by actionproperty | Jun 19, 2013 | News Trends & Legislation | 0 Comments
Despite repeated ‘in your face’ warnings to seek independent valuation, investment & legal advice, there seems a ready supply of ‘suckers’ available for plucking by shoddy spruikers selling overpriced units/ townhouses promising returns that are usually not... read more
by actionproperty | Mar 14, 2013 | Council Rates & Land Tax, Valuation Matters | 0 Comments
The next time you are passing a house on a large block in a built up location or a small farm in the suburbs, chances are that you’re subsidising their Council rates and State land tax … enjoy. Here’s why …. A 2012 token review of the Land Valuation Act... read more
by actionproperty | Jan 23, 2013 | Resumption & Compensation | 0 Comments
A benchmark Appeal Court decision has awarded lease relocation costs after it was refused because the tenant remained in occupation after resumption. Interpretation of Sec 18(3) Acquisition of Land Act was the key issue. The Department of Transport and Main Roads... read more
by actionproperty | Oct 23, 2012 | Council Rates & Land Tax | 0 Comments
The willingness of QLD Local Councils to indiscriminately pillage the very industries that are the lifeblood of their local economies though the discriminatory differential rating regime has achieved to new heights (or lows) in the latest round of 2012-13 Council... read more
by actionproperty | May 30, 2012 | Leases & Rentals | 0 Comments
A dispossessed tenant has been awarded $100K in damages primarily from the obstruction of panoramic waterfront views over the Hervey Bay marina. The restaurant business declined significantly, the rent fell into arrears, and the landlord took possession. The decision... read more
by actionproperty | Feb 8, 2012 | News Trends & Legislation | 0 Comments
QLD has an obsession for a “paper tenure” that can turn as toxic as GFC derivatives. A body corporate investment can mutate into a living hell when disputes between managers and unit owners arise. These property rights emerged in the 1970s as a fledgling cottage... read more
by actionproperty | Jul 16, 2011 | Leases & Rentals | 0 Comments
Surrender or Extension were the key arguments when a large Surfers Paradise centre owner was unsuccessful in pursing a former Lessee owner of a newsagency premises that were assigned to a subsequent purchaser of the business. This matter involved complex legal issues... read more
by actionproperty | Apr 5, 2011 | Property Disputes | 0 Comments
The outcome of a dispute between two canal property owners is a reminder of the “statutory right of user” powers available to acquire tenure over adjoining property. It also sets a nominal compensation precedent potentially applicable to similar scenarios. The... read more
by actionproperty | Jan 1, 2011 | News Trends & Legislation | 0 Comments
The year starts with significant changes impacting all leases falling under the Retail Shop Leases Act, 1) new lessor disclosure requirements and, 2) ratchet clauses to be outlawed again. Lessor Disclosure Requirements QLD, NSW & VIC have got together to... read more
by actionproperty | Sep 9, 2010 | Council Rates & Land Tax | 0 Comments
The new Land Valuation Act (LVA) 2010 is a momentous departure from the previous system. The 66 year old dogma of unimproved land value is now replaced by site value as a basis of calculating Council General Rates and State land Tax for “non-rural” lands in... read more
by actionproperty | May 1, 2010 | Leases & Rentals | 0 Comments
The Qld Supreme Court of Appeal unanimously overturned a lower decision, ruling a Lessee (Aust Post) was in breach of lease conditions concerning sub-letting and works without approval. The matter covers a range of connecting issues including permitted use, related... read more
by actionproperty | Apr 5, 2010 | Council Rates & Land Tax | 0 Comments
Our warning last year about rising property taxes grossly underestimated the now apparent Stalinist determination of the current state government to ride rough shod over 70yrs of established case law and valuation principles. Just before midnight 11 February 2010,... read more
