Vandeleur & Todd Solicitors in Innisfail, Queensland | Criminal lawyer

Vandeleur & Todd Solicitors

Locality: Innisfail, Queensland

Phone: +61 7 4063 5900

Address: 35 Rankin Street 4860 Innisfail, QLD, Australia

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

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• Estate planning solicitor
• Criminal lawyer
• Divorce & Family Lawyer

24.01.2022 Vandeleur & Todd were happy to sponsor such a great event on the weekend. The weather was definitely on the golfers side. Unfortunately our very own Stephen Todd didn't fair to well but at least he was there.

23.01.2022 TALKING LAW with Brett Moller Nothing can upset good neighbourly relations like stock owners not properly fencing their paddocks and boundaries to prevent their stock from straying on to and into a neighbours property, destroying plants, vegetables and crops, or damaging the neighbours fences and other property. The Queensland Law Society have a good publication on line called ‘A Legal Guide for Primary Produces’.... A primary producer has a duty to keep his/her livestock from trespassing on to another’s property. Of interest is that the term livestock includes not only cattle, horses, donkey, sheep, goats, and pigs but also fowls, ducks, geese and possibly tame deer. It does not extend to cats and dogs. It is not just the physical damage they may be liable for such as damage to crops, but also injury to stock from infection, physical attack and misbreeding. There are however several defences available to stock owners. For example a stock owner will not be responsible if a third party left the gate open. Likewise if there is an act of God such as lightening that causes a stampede of stock through the fence, or a gate is blown down or flooding knocks down a gate, the Stock owner will not be liable. However, the law does not require an adjoining property owner to fence to keep his/her neighbours stock out of their yard. Different rules apply again to stock on public roads where the stock owner is not responsible unless he/she has knowledge of a vicious and mischievous propensity of the animal to stray. The impounding of straying animals is controlled by various Local Governments throughout Queensland and you’re local Council is a starting point for straying stock. Please consult your local Council or your legal advisor to better understand your rights as a stock owner or someone affected by straying stock from a neighbours property. Brett Moller - Consultant Lawyer Vandeleur & Todd Pty Ltd - Gordonvale Ph 4237 1802 Mob 0417 609 656

23.01.2022 Last week to donate to this special cause. Come on in to our Innisfail office for your hair mo or temporary mo tattoo. To date we have raised $116

20.01.2022 Check out Vandeleur & Todd’s advert in the latest Pyramid Views (page 10) featuring the team at the Gordonvale office. If you are ever in need of efficient and personalised service from a solicitor, look no further than the local team at Vandeleur & Todd Solicitors. Give us a call on (07) 4063 5900 to arrange an appointment

20.01.2022 TALKING LAW with Brett Moller Clients have recently come to see me regarding easements affecting their property. An easement is a right held by one person to use the land, or part of the land, of another person, for a specific reason, or to restrict its use. This right of the easement does not provide ownership of the land, but merely a right to use or restrict that land for the allowed reasons as set out in the easement document.... There are many different examples of easements such as: underground pipe drainage; open cut drainage; overland flow; - rights of way access; service easements These easements provide for underground drainage infrastructure, open drains or channels for excess run-off, shared driveways or other access routes for vehicles and persons, gas, sewerage and electricity services etc. Easements are registered on the certificate of title and run with the land in that when the property is sold the easement registered with the land, still applies. Easements are created by either an agreement between property owners or by resumption of the state or local government or another authorised person, or by court order. You should always familiarise yourself with the rights and obligations under the easement document, particularly around restrictions on building on easements and the maintenance and upkeep responsibilities for the easement areas. Easements either benefit your land, referred to as a ‘servient’ easement, or burdens your land called a ‘dominant’ easement. Easements in certain circumstances and with agreement by the parties may be surrendered but their removal is always a complex process. You should always seek independent legal advice as to how easements may impact on your property and to understand your rights and obligations under the easement document. Brett Moller, Consultant Lawyer - Vandeleur & Todd Solicitors Email: [email protected] Business: 07 4237 1802 - Mobile: 0417 609 656

18.01.2022 TALKING LAW with Brett Moller My last article on Qld’s smoking laws certainly generated some feedback and enquiry as people are generally not aware of the extent smoking is regulated through legislation. Another area of developing legislation around smoking is in the realms of Body Corporates and unit or apartment living. The current Body Corporate and Community Management Act 1997 under Section 167 captures smoking where it provides:-... The occupier of a lot included in a community title scheme must not use, or permit the use of, the lot or the common property in any way that (a) causes a nuisance or hazard; or (b) interferes unreasonably with the use or enjoyment of another lot included in the scheme; or (c) interferes unreasonably with the use or enjoyment of the common property This provision was considered in the case of Norbury -v- Hogan involving the situation where one lot occupier was smoking in their lot and the smoke generated travelled on to another lot. The Adjudicator held that demonstrating the nuisance or unreasonable interference must be done objectively in order to substantiate a contravention of Section 167. That is it is not relevant if someone is subjectively offended or suffers interference for example through a medical condition, but whether objectively, the person causes nuisance or hazard. So in unit living smokers and non-smokers must be aware that they need to co-exist. There are changes to the current legislation being considered which I will touch on in next month’s edition of Talking Law. Brett Moller - Consultant Lawyer - Vandeleur & Todd Solicitors 3/46 Norman Street, Gordonvale, Qld 4865 Email: [email protected] Mobile: 0417 609 656

18.01.2022 TALKING LAW with Brett Moller It is always the things that crop up at the last minute and how they are handled that can either make buying or selling a property a pleasurable contented process or leave you with a taste of sour grapes. You should know in a Residential Contract that risk in the property passes to the Buyer on the next business day after the Contract is signed. The Buyer must take out an insurance cover note to protect the Buyers interest. I advise the Seller li...kewise to continue with their insurance until settlement is completed, just in case. However the Contract further provides that the Seller must use the property reasonably until settlement. The Seller must not do anything regarding the property or tenancies that may significantly alter them or result in later expense for the Buyer. The Buyer is entitled to a pre-settlement final inspection. What happens if the grass is not mowed, there are holes in the wall from where the TV bracket has been removed, the two bay garage shed has been removed or the tenants have been given notice to vacate all without the Buyer knowing. Your solicitor will be able to advise you in these situations. If the value of the sale is say $400,000 then it will need to be a significant issue for you to not complete. If you are a Buyer at all times though you can complete and reserve your rights. Usually matters complete without issue. My mantra is to ask the client selling how would they feel if they were the Buyer and came across such a situation, as in certain circumstances the Buyer has no right not to proceed to complete, notwithstanding a damage issue. As always you should seek your own independent legal advice in relation to buying and selling a property. Brett Moller - Consultant Lawyer Vandeleur & Todd Pty Ltd - Gordonvale Ph 4237 1802 Mob 0417 609 656

18.01.2022 The recent unsettling and rapidly evolving circumstances around the COVID-19 Pandemic in Australia gives us all a timely reminder to check that we have appropriate arrangements in place for the management of our personal and financial affairs in the event that we become ill or are required to be in isolation. The first step is to ensure that if you are over 18 you have an Enduring Power of Attorney in place. An EPA allows you to appoint a trusted person to make decisions for ...you and look after your personal health and financial affairs should you become seriously ill, lose capacity or are unable to manage your own affairs, for example if you are in isolation. An Advance Health Directive is a separate document that enables you to give directions about your medical treatment, if you lose capacity and particularly if you are suffering a terminal or incurable illness. You can indicate which treatments you want administered or withheld. Finally, you should ensure that you have a valid Will. Your Will comes into effect when you pass away, and it allows you to determine who will be in charge of your Estate and how your Estate will be distributed. You may also be able to appoint guardians for any minor children. If you already have a Will, Enduring Power of Attorney or Advance Health Directive in place, then a review of these documents may be in order to ensure that your wishes are still current. Our Offices at Innisfail and Gordonvale are still open and we are available to help with your Will, EPA and AHD or to assist with applications for the various Business Support Packages that are now available. To arrange an appointment, please contact us on 40635900 or email Mr Stephen Todd at [email protected]. See more

13.01.2022 Stephen Todd and Brett Moller with the President of Qld Young Lawyers Barrister-at-Law Kate Buckley at Vandeleur &Todd Breakfast with the Law last Friday.

12.01.2022 Mo Sisters & Mo Brother Todd are getting into the Mo'vember theme to help raise funds & awareness for all the dads, brothers, sons & mates in your life. Make a difference for men's health, prostate cancer, testicular cancer, mental health & suicide prevention. We have mo's on a stick, hairy mo's & temporary tattoo mo's for a minimum donation of $2 at our Rankin Street Branch. Come on in & find a mo that is you!!!

11.01.2022 PEXA (Property Exchange Australia) is Australia’s online property exchange network. It assists lawyers and financial institutions to lodge documents with Land Registries and complete financial settlements electronically. Vandeleur & Todd has recently joined PEXA and is now offering electronic settlements for clients reducing the risk of delays, giving you greater certainty of successful, on-time settlement. https://community.pexa.com.au//Historic-Law-F/gpm-p/17721

10.01.2022 Say hello to the new beginnings in Cairns (Gordonvale). We are very excited to announce that Vandeleur & Todd will be opening a new branch! We hope to be up & running on Monday 5th February 2018 at 3/46 Norman Street, Gordonvale.... Watch this space for more information & updated photo's

08.01.2022 TALKING LAW with Brett Moller If you have been charged with a drink driving or a drug offence in Queensland you may be entitled to apply for a work Licence. There is set criteria for who can apply in respect to you being able to satisfy the following :... - At the time of the offence you must hold a current open Qld drivers license; - At the time of the offence, you were not driving in the course of your employment; - At the time of the offence you were not already driving under a Work Licence; - In the last 5 years you had not been convicted of a drink/drug driving offence or failure to provide a specimen of breath or blood; - In the last 5 years you have not had your licence suspended or cancelled or you were disqualified from holding a licence; - Your blood alcohol reading was under 0.15% or for drugs it is a drug driving offence of driving with a relevant drug in your system not DUI drug driving. You wont be able to apply if at the time of the offence you were driving a vehicle you didn’t have a licence to drive, or you were the holder of a provisional licence or a learners licence, or your blood alcohol reading exceeded 0% while driving a taxi or truck, or your BAC was above .15%. Generally your application for a work licence will not be heard the first time you appear in Court. At your fist appearance you do not enter a plea but indicate you will be applying for a work licence and your matter is adjourned to a later date for you to enter a plea and the hearing of your work licence application. Next month I will go into what a work licence is, the restrictions involved with a work licence, the getting of a work licence and the information that must be provided. As always if you have any issues with the police regarding traffic or other offences seek legal advice as soon as possible to know your rights and obligations. Brett Moller - Consultant Lawyer Vandeleur & Todd Solicitors -3/46 Norman Street, Gordonvale Ph 4063 5900 Mob 0417 609 656

07.01.2022 TALKING LAW with Brett Moller The Qld Government in February 2017 passed further tobacco laws that residents may find of interest. Smoking in national parks is now banned within 10 meters of in-use camp sites and any public facilities such as picnic tables, toilet blocks, barbecues, visitor information centres, shelters, jetties and boat ramps. Earlier in September 2016 laws were passed that it is illegal to smoke within 5 meters of public transport waiting points such as bu...s stops, taxi ranks and ferry terminals. You are not permitted to smoke within 10 meters of playing and viewing areas during organised under-18 sporting events or skate parks. No smoking is allowed within 5 meters of early childhood learning and care centres, kindergartens and after school care and also at Residential aged care facilities outside of designated areas. You must be more than 5 meters from any non- residential building entrances and you are not permitted to smoke at outdoor pedestrian malls, pedestrian precincts, or at public swimming pools. You are not permitted to smoke at outdoor public places such as patrolled beaches, children’s playgrounds and major sports stadiums. You cannot smoke in a car where children under 16 years are present. Smoking is not permitted inside pubs, clubs restaurants and workplaces or at commercial outdoor dinning or drinking areas. Smoking is not permitted at State and non-State schools and for 5 meters beyond their boundaries and the same applies at public and private hospitals. The laws look to create a culture that reduces risk exposure to second-hand smoke, supports smokers trying to quit and to discourage children from taking up the habit. These laws are primarily enforced by Qld Health Environmental Officers, with Qld Parks & Wildlife Rangers having authority to enforce smoking bans in national parks. Police can issue fines to drivers who smoke with children under 16 years in the car, provided Police witness the event. For more information contact us here at Vandeleur & Todd. Brett Moller - Consultant Lawyer Vandeleur & Todd Solicitors 51 Munro Street, Babinda.

05.01.2022 TALKING LAW with Brett Moller A recent documentary on the ABC was on ‘Elder Abuse’ and it focused not on any physical or mental abuse as such, but on fraud and financial abuse. The study found an increasing number of elderly parents that had assisted their children financially and as circumstances changed for both the parents and the children, parents were not able to recoup monies from their children despite the promise of repayment at the time monies were loaned.... Many of such situations are not reported because the parents are embarrassed that their children are behaving in such a manner and they don’t want to involve lawyers and/or the police where in certain situations the action may amount to fraud. Frequently parents wish to assist their children and their spouse or partner to purchase a home and lend monies to assist. Given the ‘family situation’ parents and children do not think this needs to be documented. However they should consider the ‘what if scenario’s’. What if the marriage or relationship doesn’t last and in a property settlement the property is to be sold and their is insufficient equity with the mortgage, legal fees and other expenses to have funds left over for repayment to Mum and Dad? What if the argument is put forward by the spouse or partner that the monies were not a loan but a gift that was not meant to be repaid and their is no paperwork or document to establish the loan? Another common scenario I have seen is where often Mum and Dad sell their assets and provide funds to a married child with the plan to cohabitate with their child’s family in a granny flat or similar to assist the children and the young family in return provide some care arrangement for the ageing parent. As we know a family and home environment comes with a host of traits in personalities, different focuses in terms of working parents, children’s activities, financial pressures and day to day routines. If the relationship doesn’t work out how do Mum and Dad recoup where the child is not in a financial position to do so putting pressure on all of the families where the home relationship is not working and uncomfortable. A sensible and prudent approach always is to treat these arrangements not as personal family matters but as legal transactions to be documented with parents and children and spouses understanding their rights and obligations so there is a clear path and expectation if certain events arise. Your lawyer can assist in identifying scenario’s that should be protected against and guide you through obstacles and pitfalls in such family arrangements that gives clients peace of mind if the situation changes and unforeseen events arise . Brett Moller - Consultant Lawyer Email: [email protected] Tel: 40635900

05.01.2022 A big thank you from your staff to Stephen Todd & Annette Todd at Vandeleur & Todd Solicitors this morning for the gifts of thanks. We all had a huge week after our return from our Xmas break to a new system, new staff & preparing for our new branch in cairns. Cheers

05.01.2022 We’d like to recognize and pass on our congratulations to our very own Brett Moller for receiving the Australian Bravery Award this week. Brett is one of only two Queenslanders to receive an Australian Bravery Award medal this year and was recognized for saving a woman who was hanging from a tree branch in the middle of the flooded Behana Creek near his home at Aloomba, south of Cairns in December 2018. On behalf of Stephen Todd and the team at Vandeleur & Todd Solicitors, please join us in congratulating Brett on this fantastic and well deserved honour. https://www.abc.net.au//bravery-awards-for-two-ca/12592822

04.01.2022 V&T 2018 Footy tipping competition- Congratulations to the one that has played Ruby League Brett Moller who won the Wooden Spoon!!!!! And I might just add that Anita Darveniza who has in her 28 years of living in the Far North has only ever been to one match was the winner!!!! What does that say?

01.01.2022 Talking Law with Brett Moller Welcome back to all residents and our clients for the 2019 year. I hope you all enjoyed your break and are looking forward to the year ahead. A recent event I was involved in over the Christmas break was a rental car and young Victorian tourist, not knowing the roads, who drove into a flooded freshwater creek causeway, where the car and driver were swept downstream.... The young lady and her partner had arrived in Cairns for a short holiday, flying in from Melbourne. The flight was a late flight arriving about 11.30pm at night. The couple went to a rental company to hire a car for their stay in Cairns. The application form was lengthy with fine print. Without properly reading the document the male partner took out the application in his name. Usually all hire agreements contain inclusions and exclusions. The document the male partner had signed provided that he would be the sole driver of the vehicle and an exclusion was that he was not covered for flooded damage. As his female partner was the driver and there was no flood damage cover, he may not be able to rely on the insurance cover. The best form of evidence is written evidence and if you sign a document, it is expected that you have read the document. You will have great difficulty in arguing against the provisions of a written agreement that you have signed. As always, wherever possible, seek legal advice before entering legal contracts. Brett Moller - Consultant Lawyer - Mob 0417 609 656 Vandeleur & Todd Solicitors - Gordonvale ph 4237 1802 Email: [email protected]