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Body Corporates Rights and Obligations for Dealing with Transfers of Engagements and Authorisations (Assignee Approvals for Caretaking and Letting Agreements)

Body Corporates Rights and Obligations for Dealing with Transfers of Engagements and Authorisations (Assignee Approvals for Caretaking and Letting Agreements)

Posted on Wednesday 2nd May 2018

Applicable Law - Section 122 Standard Module; and 120 Accommodation Module of BCCM Act 94 and 97 of BCCM Act Relevant points for a body corporate to consider when an approval of a transfer is requested: 1. It is not lawful for a body corporate to include any "conditions" on its approval of a transfer other than for a Deed of Covenant from the transferee to "comply with the terms of the Engagement or Authorisation".

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The Costly

The Costly "Industry" of Management Rights Assignments

Posted on Monday 19th March 2018

Something has got to be done about the "industry" that is developing, or has already developed, around the process of a body corporate giving its consent to an assignment of Management Rights Agreements (Caretaking and Letting Agreements for Schemes). This harmful industry has sprung up from the activities of some Body Corporate Managers, Solicitors and so-called "experts" in assessing the merits of the assignee, when a party is buying the management rights and the selling manager seeks the consent of the Body Corporate.

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Heads of Agreement - Do you know what you are getting into?

Posted on Friday 3rd February 2017

A "Heads of Agreement" sets out the commercial terms of a proposed Lease, and is often entered into between prospective Tenants and Landlords during lease negotiations. Such an agreement may be effective to create a framework for the parties to negotiate a final Lease, and to provide a level of confidence that the parties are committed to negotiations and that a deal is likely - but do you know what you are getting into?

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Importance of a Partnership Agreement

Importance of a Partnership Agreement

Posted on Tuesday 22nd November 2016

A partnership is a relationship or association between two or more persons with a view to profit and may comprise of individuals and/or companies.

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Pharmacy Location Rules

Pharmacy Location Rules

Posted on Monday 7th November 2016

The Pharmacy Location Rules govern the ability of a pharmacist to relocate an approved pharmacy, to establish a new approved pharmacy or to expand/contract an approved pharmacy. A pharmacy cannot be relocated or expanded/contracted without prior approval.

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Capital Gains Withholding Tax Applying to Property Sales

Capital Gains Withholding Tax Applying to Property Sales

Posted on Monday 7th November 2016

The Federal Government has passed legislation requiring the withholding of 10% of the purchase price of property sold for more than $2million, as well as some other transfers of certain property interests.

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Asian Property Investment Seminar - 16/10/2015 Management Rights and Off The Plan Purchases Explained

Asian Property Investment Seminar - 16/10/2015 Management Rights and Off The Plan Purchases Explained

Posted on Monday 17th October 2016

Asian Property Investment Seminar - 16/10/2015 Management Rights and Off The Plan Purchases Explained

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October 2016 Legal Ease Column - Resort News

October 2016 Legal Ease Column - Resort News

Posted on Monday 19th September 2016

ANOTHER IMPORTANT QCAT DECISION A recent decision by a member of the Queensland Civil & Administrative Tribunal has solved a conundrum that has plagued lawyers for Building Managers and Bodies Corporate for some time.

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