McCarthy Durie Lawyers in Brisbane, Queensland, Australia | Lawyer & law firm

McCarthy Durie Lawyers

Locality: Brisbane, Queensland, Australia

Phone: +61 7 3370 5100

Address: 239 George St Level 9 4000 Brisbane, QLD, Australia

Website: http://www.mdl.com.au

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25.01.2022 What is a Testamentary Discretionary Trust (TDT)? A TDT is a trust which is set up under your will on your death. A TDT allows your estate assets to be held in trust (or trusts) for your nominated beneficiary/ies. It provides a structure to manage and distribute your estate assets. There are many benefits, including control and flexibility to distribute income and capital from your estate, it can be used to protect assets for vulnerable or at-risk beneficiaries and also to mi...nimise tax implications for your beneficiaries. You can learn more about it here: https://mdl.com.au//what-is-a-testamentary-discretion-tru/

25.01.2022 Pandemic or no pandemic, people still need to buy and sell their properties, despite matter the economic climate. Accredited Property Specialist Stephen Gibson shares his insights on the matter https://mdl.com.au//buying-selling-amidst-the-pandemic-ge/

25.01.2022 How far can you stretch the truth when advertising? Learn from one Aussie business who took things too far.

24.01.2022 Business owners who made application for the Queensland Governments $500 million COVID-19 Jobs Support Loans scheme, have this week begun to receive loan documentation from the Governments lawyers. MDL have now assisted many clients to work through and understand the loan documents provided for those loans. If you would like to register for the scheme, MDL are available to review and provide advice on your COVID-19 Jobs Support Loan with a 2-business day turnaround.... We can do all of this for a competitive fixed fee. Click through for more information https://mdl.com.au//covid-19-job-support-loans-begin-to-r/

24.01.2022 Do you find IP and trademark intriguing? Our Director Andrew Taylor and his team do - click through to read the booking.com TM case summary. To trademark booking.com or not to trademark booking.com? That is now the decided question. Case Summary... The United States Supreme Court has handed down its ruling in the case of UNITED STATES PATENT AND TRADEMARK OFFICE ET AL. v. BOOKING.COM B. V. and the outcome is a little remarkable because it upheld the junior’s court decision which said that US Patent and Trademark Office [USPTO] had erred in not allowing ‘BOOKING.COM’ to be registered a registered trademark... CLICK THROUGH TO READ MORE

24.01.2022 Jasmine Evans has been named as a finalist in the Lawyers Weekly 30 Under 30 for Family Law! The Lawyers Weekly 30 Under 30 recognises and rewards the young rising stars within the legal industry aged 30 and under who excel in their chosen field, displaying key leadership qualities such as dedication, professionalism and eagerness to grow both themselves and their firm. Congratulations Jasmine!

24.01.2022 Personal Injury expertise, now offered by MDL. With an increasing number of our team expert in personal injury claims, MDL are pleased to now offer this service to our clients. Click through to learn more about personal injury and our offering.

24.01.2022 Are your casual employees really casual? Read about the importance of correctly defining casual employment in your workforce and the potential consequence of getting it wrong! https://mdl.com.au//are-your-casual-employees-really-casu/

23.01.2022 Building and Construction | Tips for Getting Paid 3. Use the security of payments legislation. Under the Building Industry Fairness (Security of Payment) Act, if a subcontractor serves a valid invoice on contractor who engaged them, and that contractor doesnt provide a Payment Schedule disputing the claim within the required time (usually 15 business days), then the subcontractor can apply to an adjudicator or a court for an order that the amount claimed be paid.... Significantly, if the contractor who is liable to pay doesnt deliver a Payment Schedule disputing the invoice within the required time (usually 15 business days), then they are unable to dispute the claim in any adjudication process or court proceedings. Savvy subcontractors can use this to their advantage. Even if the builder does deliver a Payment Schedule disputing the invoice, you can ask the QBCC to appoint an independent adjudicator to determine how much is payable. The adjudication process is quicker and usually much cheaper that court or QCAT proceedings. An adjudicators decision can be registered in court and enforced as a court order.

22.01.2022 Last week MDL, Bennet and Bennett and Macquarie Group had the pleasure of hosting Martin Lakos, economic and market commentator, for a light breakfast and post-covid recovery insights. A great event with excellent observations, conversation and company - thank you to all who joined us and special thanks to Martin for sharing thoughts, intuition and vision for the year ahead.

22.01.2022 At MDL, we understand that Buying or Selling a property whether it is your home or investment property, or a future development site is one of the largest financial transactions that you may make. As such we always strive to ensuring your legal needs are met more cost effectively, faster, safer as well as more efficiently. Whilst electronic conveyancing (commonly referred to as PEXA due to the completion of matters on the platform of Property Exchange Australia) is not as yet mandatory in Queensland, MDL has ensure that our clients receive the benefits of being able to complete, verify and lodge documents on behalf of buyers and sellers online and complete financial settlements electronically. Click through to read more.

22.01.2022 Want to update your Will but concerned about social distancing? No problem. MDL have low to zero contact options for your peace of mind. Send us a message if you would like to learn more. Click through to read the latest on the recent spike in Wills and Estate Planning https://mdl.com.au//estate-planning-why-is-it-important-d/

21.01.2022 Building and Construction | Tips for Getting Paid 2. Ensure there is clear written agreement on variations. Variations are a frequent source of disputes. Before starting work on a variation, make sure you have a clear written agreement on what extra work is to be performed, and what the additional cost will be.

20.01.2022 We often see Court proceedings being conducted in the name of the development consultant, either as the Appellant or Co-Respondent, instead of the client. In our opinion, this isnt a good situation for either the development consultant or the client because of the adverse consequences that might follow. Click through to read more on how to avoid complications and party identity issues in an article written by Ian Neil.

19.01.2022 Building and Construction | Tips for Getting Paid 5. Suspend work If you have not been paid, suspending work may be an option. The threat of work being suspended is often enough to ensure you are next in line for payment.... Both the Building Industry Fairness (Security of Payment) Act and the QBCC Act contain provisions which entitle subcontractors to suspend work in certain circumstances if they have not been paid. Your contract might also give you the right to suspend work. But before suspending work you must give a notice which complies with the legislation warning of your intention to do so. If you suspend work when you are not legally entitled to do so, you are actually breaching your contract. That breach can give the builder the right to terminate your contract which they may then be able to use as an excuse not to pay you. Consequently we recommend you only suspend work after obtaining legal advice.

19.01.2022 Exciting career opportunity. Do you know an experience litigation lawyer seeking a new opportunity? Are you ready for your next challenge? Click through to find out more https://www.linkedin.com/jobs/view/1995014554/

19.01.2022 Did you know that if you wrongly lodge a caveat you can be liable for damages? In this article John Warlow breaks down what a Caveat is, when you can lodge one, and whether you should be concerned by the prospect of a Caveat.

18.01.2022 Welcome to the June issue of Legal Insider. Catch up on the latest announcements including: 1. Are your casuals really casual? 2. Covid rental relief laws passed in Queensland... 3. The perils of overstating your advertising 4. Land Tax recovery and EOFY 5. How to deal with commercial tenants goods left behind https://mailchi.mp/mdl.com.au/mdl-wsl-enews-issue-699861

18.01.2022 Building and Construction | Tips for Getting Paid 1. Have clear written agreement on the scope of work and price (a) Ensure there is a clear scope of work... We frequently see disputes about what work is included (and what is excluded) from the quoted price. Before work starts, make sure you have a written contract which clearly sets out what work you are to perform, and what is outside your scope of work. (b) Ensure the price and/or rate are clear Make sure you have clear written agreement before work starts on what the price is, or how the price will be calculated. We often see disputes arising from a lack of clarity about how the amount payable is to be calculated.

17.01.2022 This morning Director Andrew Taylor appeared as an expert speaker on the RCCC Facebook Live Series. Following a discussion on how business can and have pivoted during the COVID-19 crisis, Andrew comes in at the 29 minute mark to discuss Intellectual Property and how / why he has seen changes within business and his own clients. MDL are proud to be a part of the Redlands Coast Chamber of Commerce and look forward to the next Facebook Live session.

17.01.2022 We are pleased to present an exciting opportunity for an experienced Family Lawyer to join one of our Brisbane based offices. If you are looking to join a law firm who values strong client and employee relationships, good communication and a balanced work ethic, then talk to the team at MDL. #joinourteam For more information, please contact our HR Manager Anna Funnell on 07 33705100 or [email protected]

15.01.2022 In recent weeks MDL had sneeze guards and floor decals installed in each reception for the health and safety of our clients and team. We understand that some people still prefer to remain in isolation, and we have video and phone options available for those who find it hard to travel at this time, or fall into an at-risk category. Special thanks Redlands local Steve and the team at Xtreme Digital for their prompt and professional service - we think our reception areas look great.

14.01.2022 Join us for a free information session if your property has been added to the RCC Local Heritage list. Thursday 29 October 2020 5pm for a 5.15pm start (allow one hour) McCarthy Durie Lawyers Corner of Queen and Waterloo Streets Cleveland... RSVP [email protected] by Tuesday 27/10 Light refreshments provided See more

14.01.2022 Have you ever been left with a mess (or goods) from a commercial tenant? Read more about how to deal with such a situation.

14.01.2022 Weekend is that time to dare yourself to have fun. Read a book, see a friend, go on a day trip, explore our beautiful city, enjoy yourself. Happy weekend.

14.01.2022 Almost twelve months to the day since the first lockdown, we find ourselves again adapting to changing conditions, this time however, we are all prepared, equiped and more resiliant. In compliance with the Greater Brisbane lockdown, MDL offices will remain fully operational, however, we will only be seeing clients in person by appointment. Our receptions will not be open for walk-ins, and strict social distancing, wearing of masks and other restrictions will continue to be e...nforced. If you have a question about an upcoming appointment please contact your legal team to discuss. Thank you for your understanding.

13.01.2022 With physical distance and boarder closures still in place across the country, the need to continue business remotely is more important than ever. Read about legislation passed which allows documents to be temporarily witnessed by a Special Witness (being an Australian Legal Practitioner) to witness documents such as Affidavits, Declarations and Deeds etc by Audio Visual link. https://mdl.com.au//virtual-agms_and_electronic_execution/

10.01.2022 This week MDL Director Stephen Gibson was featured in the Courier Mail as a part of Sheldon College, Brisbanes Outstanding Alumni series. What an honour to be recognised. Congratulations Steve.

10.01.2022 We look forward to supporting our local businesses this weekend, in keeping with the Step 1 of the Roadmap to a COVIDsafe Australia. Remember to respect social distancing while you are out to help progress Queensland through to the other side.

09.01.2022 Be prepared for Land Tax Recovery this EOFY.

08.01.2022 Read the latest issue of the MDL Legal Insider. https://mailchi.mp/mdl.com.au/mdl-wsl-enews-issue-674713 We wish all our valued clients and referrers the best of health and prosperity in these unprecedented times. Remain positive, keep up the social distancing, and remember that after rain there is always sunshine.... IN THIS ISSUE: Job support loans being to roll out Debt recovery during a pandemic Electronic conveyancing What is a testamentary direcretionary trust "TDT"? Tips to ensure you are paid (building and construction)

08.01.2022 We hope you are having a great long weekend.

08.01.2022 Wishing all the mums and grandmums of the MDL community a very happy Mothers Day.

07.01.2022 Many Queenslanders have taken the opportunity to look at some home renovations during this time, but what if things arent going to plan? Sometimes (particularly when you are not an experienced renovator or builder) unexpected situations can arise, leaving you stressed and confused. Here are some steps to consider if you find yourself in a dispute situation https://mdl.com.au/n/help-i-have-a-dispute-with-my-builder/

07.01.2022 The July issue of the Legal Insider is now available.

07.01.2022 Building and Construction | Tips for Getting Paid 4. Use the Subcontractors Charges legislation. If you are a subcontractor who is concerned that the owner or principal is going to pay the builder, but the builder wont pay you, you can serve a Notice on the owner or principal claiming a charge over the money payable to the builder.... The Notice claiming the charge obliges the owner or principal to deduct from the amount which they must pay the builder, the amount which the builder is liable to pay you, and pay that amout direct to you or into court instead of paying it to the builder. This process can be used to ensure that you are paid ahead of most other subcontractors if it appears the builder is in financial difficulty and is unable to pay everyone.

06.01.2022 Building and Construction | Tips for Getting Paid 7. Know you rights regarding Retentions In this short article it is not possible to go into detail about retentions. But some key points to remember are:... (a) The maximum retention that can be held once the subcontractor reaches practical completion of their works is 2.5%. (b) At least 10 business days before the end of the defects liability period the party holding the Retention must give the subcontractor a notice in the approved form which essentially states when the retention is to be released and in what amount. A failure to comply with this requirement can leave the party holding the retention liable to a fine of up to 100 penalty units (currently $13,345). (c) A Retention can only be held after the defects liability period expires (which cannot exceed 12 months) if the party holding the Retention has a legitimate claim to the monies. Keeping the retention beyond the defects liability period without have a legitimate reason is an offence which is punishable by up to 200 penalty units (currently $26,690) or one year imprisonment. (d) Retention monies can only be used to cover particular costs such as rectifying defects or paying costs incurred as a result of delays or a breach of contract by the subcontractor. (a) If the party holding the Retention plans to use the Retention, they must give written notice of their intention to do so within 28 days of becoming aware that the recourse to the Retention may be needed. That notice must set how much of the Retention they propose to use and for what purpose;

05.01.2022 Did you know the Redland City Council have made support available to local business who have been impacted by COVID-19? If you are in need of professional services (including legal work) you can apply for funding of up to $1000 to be used within a Redlands based firm. There are other grants also available, click through here to learn more or apply.

05.01.2022 If you have a commercial lease, click through for the low down on what do expect as a landlord or tenant. https://mdl.com.au//commercial-leasing-covid-policy-annou/

04.01.2022 Building and Construction | Tips for Getting Paid 8. Statutory Demand A Statutory Demand is a formal demand for payment under the Corporations Act which requires a company to do one of three things either pay the debt referred to in the Demand, show that there is a genuine dispute about the debt, or provide reasonable security for payment of the debt.... Ordinarily the debtor company has 21 days to either pay, show there is a dispute or provide security, failing which you can apply to court to have the company placed into liquidation. The threat of being placed into liquidation is powerful leverage to force a builder to pay you ahead of other subcontractors. However, during the COVID-19 pandemic, the Government has temporarily changed the period to comply with the Statutory Demand from 21 days to 6 months. Consequently, at this time (mid 2020) a Statutory Demand isnt a worthwhile option. However in late 2020, when the 6 month period for compliance changes back to 21 days, Statutory Demands will return to being a good option to recover payment. For more information, or if you are having difficulty getting paid, contact John Warlow on 07 3002 7419 or [email protected]. Johns vast experience in building and construction law, and has assisted many builders and subcontractors to ensure they receive payment.

04.01.2022 Building and Construction | Tips for Getting Paid 6. Complaint to QBCC If the company liable to pay you holds a QBCC licence, then a Monies Owed complaint can be made to the QBCC. The QBCC often takes an active interest in such complaints as the failure to pay subcontractors can indicate a builder doesnt meet the minimum financial requirements to hold a building licence.... The QBCC form to make a monies owed complaint can be found here. It is usually best to make a complaint to the QBCC before taking other enforcement action. In our experience, once you have taken other steps to enforce payment, the QBCC can be less inclined to take action.

03.01.2022 Must read for any landlords or tenants - new laws passed.

01.01.2022 It has to be acknowledged that all professionals in the Planning Law jurisdiction earn their money, particularly when one considers the 360-degree rotation of the Planning Law regime in just two years. Read more about the changes that have occurred since 2018 with Ian Neil.