Retaining Wall Disputes in Queensland
A retaining wall is a building structure erected to support an excavated or filled embankment. Under the Building Code of Australia, a retaining wall is classified as a ‘class 10b’ (non-habitable) building structure. This means that the construction of a retaining wall (save for limited circumstances) may need to comply with certain building and design
Tender Contract Disputes
What are your legal rights or options if you wish to dispute the integrity of the tender process?
In Australia, it is not uncommon for Government departments or larger private organisations to procure goods and/or services utilising the tender process. This is because the tender process, when conducted properly, can produce the best
What is an Encroachment
Recent Supreme Court of Queensland Decision – A Timely Reminder about What Is, and What Is Not, an ‘Encroachment’ or ‘Building’ for the purposes of the Property Law Act 1974 (Qld)
In the recent decision of Bartholomeusz & Anor v Body Corporate for 211 Ron Penhaligon Way Offices Community Titles Scheme 25277
Court Affidavits
What is an affidavit?
A Court affidavit is an intricate, highly regulated and immensely important statutory document. This is because an affidavit is a written statement containing the actual evidence of the person swearing, or affirming, the affidavit, given in the first person (as if the person was giving the evidence orally during
Retaining Walls and Encroachments in Queensland
In the recent decision of Paridaen & Anor v Mahasisde Pty Ltd [2022] QSC 109 (delivered on 2 June 2022), the Supreme Court of Queensland had to decide whether the discretion conferred by section 185 of the Property Law Act 1974 (Qld) ought to be exercised in favour of ordering removal
ASIC Reference Checking and Information Sharing Protocol – A Mandatory Screening Process Targeting Financial Advisors and Mortgage Brokers
As a consequence of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, from 1 October 2021, licensees must comply, as an obligation under their licence, with the ASIC Corporations and Credit (Reference Checking and Information Sharing Protocol) Instrument 2021/429 (the “ASIC Reference Checking Protocol“).
