Ramsden Lawyers in Bundall | Legal service

Ramsden Lawyers

Locality: Bundall

Phone: +61 7 5592 1921

Address: Levels 5 & 9, Corporate Centre One, 2 Corporate Court 4217 Bundall, QLD, Australia

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25.01.2022 Insurance claim for incomplete construction work denied: Homeowners need to take care when terminating residential building contracts if they want to make an insurance claim under the QBCC Act. Allen & Taylor v QBCC is an instance where an insurance claim for incomplete construction works was denied on the basis that the contract was unlawfully terminated. Follow the link below to read more.... If you are bringing a claim under the QBCC Act in relation to a construction contract, contact our litigation team on 1300 749 709 to discuss your contractual rights and obligations.

24.01.2022 Family Business Disputes: Bringing a Derivative Action It is not uncommon to see cracks start to form in business partnerships; however, it often makes it difficult when dealing with a proprietary run by co-directors who also happen to be family members or friends. Many directors, shareholders and other company officers are often unaware that when a dispute arises between directors and/or shareholders of the same company, they have legal standing to do something about it on... behalf of the company - i.e bringing a derivative action. For further information, follow the link below. If you are having a dispute with a business partner or shareholder and require assistance, contact us on 1300 749 709 to speak with one of our experienced litigation lawyers.

22.01.2022 COVID-19: Building and Construction - Changes to development approvals in Qld Developers and the construction industry are feeling the impact of the COVID-19 crisis. Social distancing measures and disruptions to supply chains means that many project schedules may be disrupted or delayed. New South Wales has recently introduced extended hours across the industry to allow construction work over weekends and public holidays in an effort to ensure the industry can accommodate f...ewer workers on site for social distancing while also minimising the potential for lost productivity during the pandemic. Similarly, the City of Melbourne has stated that it will temporarily accommodate more flexible operating hours on a temporary basis for commercial, large residential and mixed-use development construction work during the COVID-19 pandemic. While Queensland has not introduced an ‘extended operating hours’ regime per se, recent changes to Queensland’s planning laws in response to COVID-19 may allow Queensland developers to mitigate some of the delays caused by social distancing regulations and some risks associated with supply chain disruptions. For more information on these changes follow the below link or call one of our lawyers in the commercial property team on 1300 749 709 to discuss.

22.01.2022 The recent Queensland District Court case of Kocwa v Twitter Inc highlights the strict approach courts take to granting an injunction to remove a defamatory social media post. The Court declined to grant an injunction in favour of Mr Eddie Kocwa against Twitter to remove the publication of certain tweets Mr Kocwa considered were defamatory of him. Despite the Court accepting that the tweets were defamatory in nature, Mr Kocwa’s late application for the order and his lack of e...vidence resulted in his application being declined. Follow the link below to read more. If you have ever been the subject of defamatory comments, contact us on 1300 749 709 to see how one of our experienced litigation lawyers can assist you.

22.01.2022 Safe Haven for Hong Kong Nationals: In light of the current political climate in Hong Kong, the Australian Government has announced visa extensions for some Hong Kong residents. The extensions are expected to impact over 12,000 current visa holders who hold a Student Visa, Temporary Skill Shortage Visa or Temporary Graduate Visa, as well as future applicants from Hong Kong.... If you are a Hong Kong national looking for assistance or more information regarding your options, please follow the link below, or contact our experienced team of immigration lawyers here at Ramsden Lawyers on 1300 749 709 and we would be pleased to help guide you through the process.

20.01.2022 Protections for Queensland residential tenants during COVID-19 crisis: Issues for landlords The Queensland Government has announced that temporary legislative changes will be made to protect residential tenants impacted by COVID-19 from eviction due to rent arrears. Additionally, for those leases that expire during the COVID-19 crisis, a mandatory 6 month extension of the lease must also be granted. Landlords are being urged to consider requests for reduced rent if their ten...ant is experiencing financial hardship due to COVID-19. In light of the moratorium on evictions landlords may have little choice but to negotiate some form of rent relief. However, before agreeing to do so, it is recommended that landlords consider the terms of their insurance policies and any loans to ensure that agreements reached with their tenants do not inadvertently breach their loan or have other unintended consequences. Once implemented the measures will significantly alter the rights between landlords and residential tenants. Before taking any action, it is recommended that landlords carefully consider their own circumstances and seek legal advice to ensure their legal rights are preserved to the fullest extent possible. For further details on the measures to be implemented and potential legal issues associated with these, follow the below link or speak to one of our lawyers on 1300 749 709.

20.01.2022 The Ramsden Lawyers’ Litigation Team, shares their insights on the types of probate disputes which frequently arise in relation to a contested deceased estate, including challenging or contesting a will. #ramsdenlaw #litigation #litigationlawyer #goldcoastlawyers

20.01.2022 Defamation Case: Bad Neighbours and an AVO On 13 July 2020, the Supreme Court of New South Wales delivered their decision in the defamation case of Cosco v Hutley (No 2) NSW 893 after a prolonged four-year dispute. The Court ordered Sydney lawyer Ms Hutley to pay her neighbour $360,000 in damages, including interest, for defaming her neighbour Mr Cosco. In addition to recognising that Ms Hutley bullied Mr Cosco, the Court also held that the comments broadcasted about Mr Cosc...o on Channel Nine’s A Current Affair (‘ACA’) were defamatory. Cosco v Hutley serves as a cautionary warning to be mindful of what is said in the heat of battle as it could lead to a defamation case. To read more, follow the link below. If you are currently dealing with a neighbourhood dispute or have been subject to defamation, contact our experienced litigation team on 1300 749 709 and we would be happy to advise you on your options or assist in commencing an action.

19.01.2022 COVID-19: Effects on Estate Planning The rapid spread of COVID-19 is forcing many clients to consider the ‘what if’ situations that were previously avoided. As a result, we have seen a surge of interest in either the preparation of estate plans from scratch or updating documents currently in place. The current social distancing laws and restrictions on human interaction are problematic for assessing capacity and witnessing requirements both of which are required to ensur...e the validity of wills. Our estate planning team has developed a wills self-execution procedure to assist clients currently in self-isolation or quarantine. Our procedure follows strict compliance requirements to ensure the validity of all wills executed from our clients’ home. We wish to assure clients that are anxious in this time, that we remain open for business and our office hours are unaffected. We are tailoring our delivery of service for clients affected by COVID-19 on different levels. If you require assistance preparing or updating your current estate planning documentation, contact us on 1300 749 709 to see how we may best assist you.

19.01.2022 Agent commission denied: Difficulties with conjunction agreements The recent District Court of Queensland case of Equity 2 Pty Ltd v Best Price Real Estate Pty Ltd [2020] QDC 180 (‘Best Price Real Estate’) highlights that a lack of understanding when it comes to contract terms could cost real estate agents their agent commission. Best Price Real Estate involved a dispute arising from a conjunction agreement made between the two parties. The agreement was in relation to an age...nt’s entitlement to agent commission on the sale of a parcel of land. The Court held that where a buyer, who was not specified in the terms of the contract, purchases the land, the entitlement to commission will not be recognised. Follow the link below to read more. If you are an agent who has entered a conjunction agreement and you are concerned about your entitlement to agent commission, contact us on 1300 749 709 to speak with a lawyer in our experienced litigation team. We would be happy to advise you in relation to enforcing the terms of a contract.

18.01.2022 Update: Changes to will witnessing requirements - QLD law passed Last night, a bill was passed which gives wide regulation making powers to vary legislation during COVID-19 relating to estate planning documents (as well as to implement the new tenancy codes etc.) For estate planning documentation, no regulations have been made yet, however:... The Bill provides that a regulation may be made to provide alternative arrangements for how documents are made, meetings are held and attendances are conducted in order to minimise the need for people to be proximate to other people. Provisions will potentially apply to a wide variety of matters across many Acts, for example, to allow the witnessing of wills, enduring powers of attorney, general powers of attorney and advance health directives using audio visual technology. We continue to wait for the QLD legislature to follow in the steps of the NSW legislature by enacting its similar version of the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020. If you require assistance preparing or updating your current estate planning documentation, contact us on 1300 749 709 to see how we may best assist you. Access the COVID-19 Emergency Response Bill 2020 below:

18.01.2022 New Priority Migration Skilled Occupation List: Update for Skilled Workers As COVID-19 continues to impact Australia, the Acting Minister for Immigration has announced that there are 17 occupations in a new Priority Migration Skilled Occupation List. Health care, IT and construction sectors are high on the priority list. For more information regarding this please follow the link below or contact our team of experienced immigration lawyers on 1300 749 709, and we can organise a consultation.

17.01.2022 We wish to congratulate and recognise Derek Finch, Litigation Partner for establishing and being elected founding president to the newest chapter of Rotary. Anna Morgan, Practice Leader and Special Counsel of our Evolve Legal division was also elected to the board. The Gold Coast Rotary Club (GCRC) has been established with a significant take up of membership, being limited to selected corporates and is the first ever corporate Rotary club to be established in Australia. G...CRC’s purpose is to bring together and connect professionals/corporates in the Gold Coast business community for business networking and to carry out local charitable projects. Ramsden Lawyers and Evolve Legal are excited to embark on this new journey with Rotary to create a positive impact to the Gold Coast and wider community. #ramsdenlawyers #rotary #goldcoastlawyers #litigationlawyer #GCRC #goldcoastrotaryclub

16.01.2022 Property settlement entitlements: Is my spouse, or is my spouse not entitled to an adjustment of my property interests? In the recent case of Grady & Chilcott (2020) the Family Court of Australia considered the question of property settlement entitlements when a de facto wife applied for a share of her de facto husband’s assets at the end of an 8-year relationship. Unfortunately for the de facto wife, the Family Court determined that it was not just and equitable to make any ...order for her to receive a share of the assets held by her husband. This case serves as a timely reminder that the circumstances of every relationship are different, and a longer relationship will not necessarily entitle someone to a share of their partner’s assets. Follow the link below to read more. If you or someone you know has recently separated or is considering separating from their partner, one of our family law specialists at Ramsden Lawyers can assist and provide advice as to their property settlement entitlements to help them make informed decisions at an early stage. Contact us on 1300 749 709 to discuss.

16.01.2022 Update for Student Visa holders: As COVID-19 continues to dictate our immediate future, the Australian Government has taken steps to recognise the disruption faced by international students during this time. In order to maintain Australia's position as a competitive study destination, a number of changes will be made that directly impacts Student (subclass 500) Visa holders.... If you are an international student and are unsure of your position, or need further guidance, please do not hesitate to contact our team of experienced immigration lawyers on 1300 749 709, and we can organise a consultation.

15.01.2022 The recent Queensland Supreme Court case of Hilas & Anor v GGPG Developments (‘Hilas’) highlights the need for certainty when drafting ‘put and call’ style contracts.

15.01.2022 COVID-19: CHANGES AFFECTING TEMPORARY VISA HOLDERS Australia, along with the rest of the world, currently faces extreme uncertainty in light of the COVID-19 crisis, with regulations and policies shifting almost daily to deal with the dynamic nature of the pandemic. Recently, the Australian government, particularly Prime Minister Scott Morrison and acting Immigration Minister Alan Tudge, announced new measures in respect of Australian immigration, particularly with respect to ...temporary visa holders. In difficult times such as these, it can be confusing to navigate the ever changing landscape of rules and regulations. For further information, follow the link below. If you find yourself uncertain of your current status in Australia in light of the COVID-19 pandemic, or if you need assistance in extending your current visa, please do not hesitate to reach out to our experienced team of immigration lawyers at Ramsden Lawyers, who can offer you a reduced-fee consultation to discuss your circumstances and options.

14.01.2022 Geoffrey Rush awarded historical amount in special damages: On 2 July 2020, the Full Court of the Federal Court of Australia awarded the largest sum in a defamation case regarding a single individual in Australian history. The monumental award of damages handed down by the Federal Court of Australia was proportionate to the emotional and reputational harm suffered by Geoffrey Rush. This was assessed based on the loss of employment opportunities in the film industry due to d...efamatory comments made by Nationwide News. For more information, follow the link below. If you have ever been the subject of defamatory comments, contact us on 1300 749 709 to see how one of our experienced litigation lawyers can assist you.

14.01.2022 We are delighted to announce the promotion of two young and bright junior lawyers Maggie Keating and Shea Low to the position of associate lawyer. Maggie has been with Ramsden lawyers for over three and a half years and works as a succession lawyer. Shea has been with us for two and a half years and works in our property team. ... Both Maggie and Shea are deserving recipients of their promotions so congratulations to them both.

14.01.2022 Released from a contract: is COVID-19 an excuse? Happy Lounge Pty Ltd v Choi & Lee Pty Ltd and Anor [2020] QDC 184 will go down as a landmark case, being one of the first COVID-19 related decisions in Queensland testing reliance on frustration as a basis to terminate contracts. The case highlights the reluctance of the courts to recognise the COVID-19 pandemic as a valid ground for releasing parties from their contractual duties where awareness of its foreseeable effects can... be established. Follow the link below to read more. If you are concerned you may have issues enforcing a contract due to the COVID-19 pandemic, contact us on 1300 749 709.

14.01.2022 UPDATE: Commercial Tenancies Code of Conduct

13.01.2022 Update: New South Wales to allow electronic witnessing of estate planning documents Today, the NSW Government has announced regulations to allow the electronic witnessing of wills, enduring powers of attorney and appointment of enduring guardian documents in New South Wales. Follow the link below to read the rules setting out the requirements. While we wait for the remaining states to follow suite (which has not yet been confirmed but is expected to come in the following week...s), Ramsden Lawyers has developed a wills self-execution procedure to assist clients currently in self-isolation or quarantine. Our procedure follows strict compliance requirements to ensure the validity of all wills executed from our clients’ home. We are tailoring our delivery of service for clients affected by COVID-19 on different levels. If you require assistance preparing or updating your current estate planning documentation, contact us on 1300 749 709 to see how we may best assist you.

12.01.2022 We are excited to announce that Alice Drummond (Family Law Partner) was included in the 2021 edition of The Best Lawyers in Australia for Family Law Mediation. Best Lawyers is the oldest and most respected peer review publication in the legal profession. The list covers outstanding lawyers in 78 countries and 146 practice areas. Full List: https://www.bestlawyers.com/current-edition/australia

11.01.2022 The new COVID-19 Pandemic Event Visa (Subclass 408): Am I eligible and should I apply? Due to the COVID-19 pandemic, many temporary visa holders have found themselves confused and apprehensive as to what to do next in terms of their Australian visa options. Visa holders may find themselves nearing the end of their visa and are uncertain about their options. Others may be unable to leave Australia due to flight unavailability to their home country. In response to these concer...ns, the Australian government has introduced the Temporary Activity (subclass 408) Australian Government Endorsed Event (‘AGEE’) stream visa (‘COVID-19 Pandemic event visa’), which is a temporary measure to manage the current circumstances. This option may not be suitable to everyone and, as such, Ramsden Lawyers would like to provide our current clients and the wider community with some information about the new COVID-19 Pandemic event visa to consider further. If you require more information on the COVID-19 Pandemic event visa or want to know what options you may have, please do not hesitate to contact our experienced team of immigration lawyers here at Ramsden Lawyers by calling 1300 749 709, and we would be pleased to help you in these uncertain and difficult times.

11.01.2022 The recent New South Wales Supreme Court of Appeal case of HDI Global Specialty SE v Wonkana No. 3 Pty Ltd (‘HDI Global Speciality’), was a highly anticipated decision as a test case for whether insurance policies covering business interruptions applied in respect of COVID-19. For advice in relation to whether your business may make a claim for loss and damage under its business interruption insurance policy, please contact us on 1300 749 709 to see how one of our experienced litigation lawyers can assist you. #HDIGlobalSpecialty #ramsdenlawyers #goldcoastlawyers

10.01.2022 We welcome Family Law Special Counsel, Stephanie Lee to Ramsden Lawyers Sydney. Stephanie is an Accredited Specialist in Family Law and holds over 16 years of experience working in leading boutique family law practices and award finalist firms. She joins us now after operating her own practice. Stephanie is highly skilled in dealing with all issues in family law, including property disputes, maintenance, parenting issues, relocation, child support, consent orders and finan...cial agreements. As a specifically trained Collaborative Professional, Stephanie is able to assist parties in reaching a family law agreement out of Court. Stephanie can speak conversational Chinese (Mandarin and Cantonese) and regularly looks after clients from the Chinese community with their family law issues. Her network extends to the Chinese business community and she is often asked to assist in providing advice and representation in this context. In addition to her practice, Stephanie is also an Assessor for the College of Law (Practical Legal Training program) in Sydney, Australia and contributes to the development of law graduates and young lawyers.

08.01.2022 Congratulations to our client, Sydney-based hospitality group Tilley and Wills Hotels on their recent acquisition of The Elephant Hotel, Fortitude Valley. It is great to see a pub transaction complete in the current COVID climate and it is certainly encouraging for the industry as a whole. The heritage-listed Elephant Hotel is Tilley and Wills' first foray into the Brisbane pub market and an exciting addition to their extensive portfolio that includes Verandah Bar, Oxford Art... Factory, Clovelly Hotel and Greenwood Hotel. Ramsden Lawyers hotel and hospitality team are experts in the area of large and small project transactions in taverns, hotels and clubs. Other recent transactions of note involving Ramsden Lawyers include the Paradise Resort on the Gold Coast. If you are in the hospitality industry and require our assistance, contact us on 1300 749 709.

07.01.2022 COVID-19: ARE YOU BOUND BY A FAMILY LAW PROPERTY SETTLEMENT BUT CAN’T COMPLY? As of July 2020, unemployment in Australia has now risen to 7.4%, according to the ABS. Although some Australians may have been fortunate to retain their employment, they may be dealing with other serious financial concerns, such as reduced salaries, reduced asset values and other general economic uncertainties. With COVID-19 being one of the main causes, many are faced with the difficult situatio...n of not being able to meet their financial obligations linked to their family law property settlement, spousal maintenance and child support. If you are experiencing some of these concerns, you may have options to renegotiate or set side your property settlement, spousal maintenance or child support payments. Follow the link below to find out more, or contact us on 1300 749 709 to schedule a free consultation with one of our family lawyers.

05.01.2022 On 1 June 2020, the New South Wales Court of Appeal handed down its decision of Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2020] NSWCA 102 (Voller). The Court upheld the finding that the media outlets are ‘publishers’ of defamatory Facebook comments made by the general public. Up until now, businesses have been relatively protected from liability for defamation where comments are made on their social media pages by third pa...rties. However, this decision has the potential to impact any business that administers a Facebook page or even similar platforms such as Twitter and Instagram. Businesses must stay up to date on the developing law in this area and actively take steps to mitigate the risks of exposure to liability. If you run a business social media page and are concerned that you may be at risk of liability and require further advice on how to mitigate those risks, contact us on 1300 749 709 to see how one of our experienced litigation lawyers can assist you.

05.01.2022 Mandatory code of conduct for commercial and retail leases during the COVID-19 crisis: On 7 April 2020, the Prime Minister announced the creation of a mandatory Code of Conduct (the Code) to apply to certain SME commercial and retail leases during the COVID-19 crisis. The Code is to be given effect through state and territory legislation or regulation. The purpose of the Code is to impose a set of good faith leasing principles to certain commercial tenancies (including retai...l, office and industrial) between landlords and tenants. While the Code signifies the need to seek an appropriate balance between the interests of tenants and landlords, its principles are weighted heavily in favour of tenants, with landlords expected to shoulder most of the financial burden. The Code contains a number of complex mechanisms and requirements that require careful consideration in their application. Businesses and landlords should seek professional legal help to negotiate and document the terms of any arrangement implemented under the Code (or otherwise). To learn more, follow the link below or contact one of our lawyers from our commercial property team on 1300 749 709.

05.01.2022 On 22 March 2020, the Federal Government announced a range of temporary measures to provide relief to businesses across Australia who are currently, or will shortly, experience extreme pressure due to the evolving COVID-19 pandemic. The Government introduced and passed temporary legislation which provide individuals and companies with certain forms of financial and regulatory relief in times of financial distress. At Ramsden Lawyers, we have a team of experienced insolvency l...awyers who have remained apprised at all times of the relevant changes in the law and their implications. We are able to assist you in interpreting the new provisions, how they affect you and importantly what the effects may be in the future, or if you simply require advice regarding your current status generally. If you require further information on the temporary measures follow the below link or speak to one of our lawyers on 1300 749 709.

04.01.2022 Retail Shop & Commercial Leases Regulation (Fact Sheet): On 28 May 2020, the Queensland Government introduced the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 (Regulation). While the aim of the Regulation is to give effect to the Commonwealth Government’s National Cabinet Mandatory Code of Conduct (Code), unlike the Code the Regulation does not expressly require that rent reductions be proportionate to the reduction in the tenan...t’s turnover. The below COVID-19 retail shop and commercial leases fact sheet provides general guidance in navigating the Regulation. The Regulation does contain a number of complex mechanisms and requirements that require careful consideration. Parties to an affected lease should seek professional legal help to negotiate and document the terms of any arrangement implemented under the Regulation (or otherwise). This is general information only and is not to be treated as legal advice. If you require further advice or assistance, please contact one of our lawyers from the commercial property team on 1300 749 709

04.01.2022 CONSTRUCTION CONTRACT DISPUTE: KNOWLEDGE EQUALS LIABILITY: In Somerset Civil Pty Ltd v Sugarbag Road Pty Ltd ('Somerset'), a construction contract dispute matter, the Court left open the possibility that a principal may be liable to pay their builder where it knows (or ought to have known) that the builder was unlicensed. This is despite unlicensed work being unlawful under the Queensland Building and Construction Commission Act 1991. Somerset serves as a timely reminder for... individuals entering into construction contracts to be wary of who they are contracting with. In any event, there may be a positive obligation imposed upon individuals or businesses to understand licensing requirements. Follow the link below to read more. If you require advice about your construction contract or enforcing your legal rights against a contractor, contact us on 1300 749 709 to discuss your matter with a member of our litigation team.

02.01.2022 A number of staff and their partners enjoyed a day of team bonding at Gold Coast Turf Club last Saturday. #ramsdenlawyers Gold Coast Turf Club

02.01.2022 FREEZING ORDER TO PRESERVE ASSETS DENIED - NOT BETTER LATE THAN NEVER: The Queensland Supreme Court case of BluePoint Property Pty Ltd v Zuri Properties Pty Ltd [2020] QSC 219 serves as a timely reminder that applications for freezing orders must be made quickly and often without notice to the other side. Any delays on the plaintiff's part could buy time for the defendant to deal with the assets in question - ultimately making a freezing order futile.... Follow the link below to read more. If you are currently dealing with a dispute and are concerned with your prospects of being able to enforce judgment, contact us on 1300 749 709. Our experienced litigation team here at Ramsden Lawyers would be happy to assist with making an application for a freezing order.

01.01.2022 The Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 is now in effect. Under the new law (among other things): - From 29 March 2020 until 30 September 2020, tenants who cannot pay rent due to financial hardship caused by COVID-19 (criteria applies) cannot be evicted. Strict penalties apply to landlords who breach this provision. ... - Fixed term agreements that expire during the COVID-19 pandemic must be extended to 30 September 2020 (except with agreement). - COVID-19 impacted tenancies can only be terminated for approved reasons and after complying with certain notice requirements. - Break fees are capped for tenants whose income has reduced by at least 75% and they have savings of less than $5,000. - Tenants may refuse physical entry for non-essential reasons. - Tenants and landlords must negotiate to reach agreement on rent relief. A mandatory dispute resolution process must be undertaken if agreement cannot be reached. Lease variations (including the form of rent relief) and a failure to document these correctly may have serious consequences. Landlords should seek legal advice before implementing any changes. Please call us on 1300 749 709 for further information or advice.