Regional Workshop: Toowoomba

This session considers recent legislative that affect property practices. It will examine a number of case studies that illustrate the necessary changes in conveyancing practice, the continuing risks of non-compliance and suggestions for risk minimisation for lawyers and clients.

PAMDA and the new regime
Significant amendments to the Property Agents and Motor Dealers Act were introduced by the Property Agents and Motor Dealers and Other Legislation Amendment Act 2010, which took effect on 1 October 2010. Aimed at simplifying the compliance process, the new provisions make changes to the process for entry into a contract for sale of residential property.

Building and Other Legislation Amendment Act (No 2) 2010
This legislation affects pools associated with dwellings such as offices, retail premises, car parks, warehouses and factories. The session considers:

• pool safety requirements, such as swimming pool safety compliance certificates
• pre-contractual and pre-sale disclosure obligations
• warning statements
• termination rights
• penalties for non-compliance.

Body Corporate and Community Management Amendment Bill 2010
This Bill proposes to amend the Body Corporate and Community Management Act 1997. The proposed changes include the calculation of contribution schedule lot entitlements in new schemes; limit the liability to adjust contribution schedule lot entitlements and give certain rights to owners in existing community title schemes to reverse previously adjusted schedule lot entitlements. New obligations of disclosure are also proposed under the Bill.

• a practical problem with the Recent TORUM Amendments
  • the 01/07/11 amendments require immediate suspension of a mid-range reading, but a mid-range driver is still eligible for a work licence – how does he survive in the 6 weeks or so between arrest and finalizing of his work licence application?
• what is police “obstruction”?
  • a very common charge, but also one capable of raising serious questions as to personal liberty – eg, when does a duty not to obstruct become transformed into a duty to co-operate?
• thinking outside the square for effective defences
  • all lawyers look to Chapter 5 of the Code; but don’t overlook other possibilities eg, “unlawfully” in connection with common Summary Offences Act charges.
• two bites of the Cherry: section 16 & double punishment
  • based upon one act of striking, defendant is charged with (i) common assault, and (ii) breach of a DV Order: is he punishable for both?
• horses for Courses: the rule in Saraswati v The Queen
  • an interpretative rule capable of wide application in criminal cases
• Recurring errors: “wilfully”
  • no matter how many times the Court of Appeal affirms the test in R v Lockwood, the police continue to charge unsustainable cases – lack of police training, or simply ignoring the courts?

Stamp duty has a significant financial impact on many of the transactions clients undertake on a daily basis. Presented by a Tim Hale from the Office of State Revenue, this session focuses on:

• the recent changes to stamp duty
• the effect of these changes on common transactions
• Queensland’s approach to imposing duty on transactions involving unit trusts.

Presented by WorkCover Queensland, this session focuses on the practical processes and prospects concerning applications under the Workers’ Compensation and Rehabilitation Act 2003, including the damages under the Civil Liability Act 2003, liability, cost implications and the interactions with Personal Injuries Proceedings Act 2002.