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Burton v Spencer: Warning for those without a Will The Queensland case of Burton v Spencer demonstrates the unintended difficulties and complications that can arise should you die without a Will in Queensland.

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Case Update: Alleged Misrepresentation of off-the-plan Gold Coast Penthouse When buying a property off-the-plan, buyers often rely on representations made to them by the developer or their real estate agents. Juniper Property Holdings No 15 Pty Ltd v Caltabiano (No 2) shows the issues .....

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Are oral contracts illegal or unenforceable? Queensland legislation requires builders to record their contracts in writing. The consequences of failing to do so were demonstrated in the recent case of Nichols v Earth Spirit Home Pty Ltd (‘Nichols’).

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First on the Gold Coast to use PEXA Ramsden Lawyers is excited to announce that, together with Gold Coast City Solicitors, we have completed the Gold Coast’s first e-conveyancing settlement through the new Property Exchange Australia (‘PEXA’) platform today.

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Yu v Yu: 'iPhone Will' Causes Confusion For a Will to be valid in Queensland, it has to meet certain requirements set out in section 10 of the Succession Act 1981 (Qld) (‘Act'). In particular, it needs to be in writing and signed by the person making the Will in the presence of at least two witnesses.

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Terribly Sad: State Steps in to Bury Dead Body When someone dies, their personal representative (i.e. the executor or administrator) is tasked with taking suitable steps to dispose of their body. The personal representative’s decisions regarding such disposal are paramount and as such, their wishes have priority to any other person including the deceased person’s spouse, child or parents.

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Case Update: Termination Of Contract Upheld Because Of Buyer's Failure To Meet Due Date Contracts for the sale of residential and commercial land will often include certain conditions inserted for the benefit of a buyer. However, in Queensland, time is of the essence in relation to these conditions.

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The Basics of Prenuptial Agreements A prenuptial agreement, or Binding Financial Agreement (BFA), is an agreement between couples made before a marriage or de facto relationship.

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Changes to Trust Distributions and Division 7A | John Ramsden Division 7A was originally focused on private company tax free distributions, as mentioned above, however trusts have now come under the scope of the Division 7A by virtue of Subdivision EA and Subdivision EB of ITAA 1936.

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Australia Wakes Up with Personal Property Securities Reform | John Ramsden The new Personal Property and Securities Act 2009 (Cth) ('the Act') is due to commence in February 2012. The Act will bring about significant changes to the regulation of personal property securities across Australia by way of a collective referral of power to the Commonwealth by the States and Territories.

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The Nation Unites to Promote Fair Trading and Consumer Protection | John Ramsden On 1 January 2011, the long-standing and well-known Trade Practices Act 1974 (Cth) was renamed the Competition and Consumer Act 2010 (Cth).

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Ramsden Lawyers Has Moved | John Ramsden