How Does The Property Occupations Act 2014 (QLD) (“POA”) Affect The Contract?

 

Application of Property Occupations Act (POA)

Property Occupations Act 2014 (QLD) contains provisions relating to the sale of residential property. Those provisions apply to contracts for the sale of property that is used, or is intended to be used, for residential purposes but will not apply to a contract:

1. for the sale of property where it is used primarily for industry, commerce, or primary production;
2. formed on a sale by auction (directly on the fall of the hammer by outcry or directly at the end of another similar type of competition for purchase);
3. entered into, no later than 5.00 pm on the second clear business day after the Property was passed in at auction with a registered bidder for the auction;
4. formed because of the exercise of an option granted under an earlier agreement if the parties to the Contract are the same parties as in the earlier agreement;
5. where the Buyer is:

• a publicly listed corporation; or
• a subsidiary of a publicly listed corporation; or
• the State or a statutory body; or
• purchasing at least three lots at the same time (even if under separate contracts).

Cooling-off Period

If Property Occupations Act 2014 (POA) applies, you may be entitled to a five-business-day cooling-off period.

The cooling-off period starts on the day you receive from the Seller or their agent a copy of the contract signed by both parties or, if that day is not a business day, on the next business day. If the Seller signed the Contract before you did, the cooling-off period starts on the day you signed the Contract and communicated your acceptance to the Seller.

The cooling-off period ends at 5:00 pm on the 5th business day.

You are entitled to terminate the Contract during the cooling-off period. If you do, the Seller may retain a penalty of 0.25% of the purchase price from the deposit paid under the Contract. The balance of the deposit (if any) must be refunded to you within 14 days after termination.

If you terminate the Contract and later decide you would like to purchase the Property, there is a risk that the Seller will not enter into another contract with you.

If you decide to terminate the Contract during the cooling-off period you should tell us as soon as possible so we can give notice before the period ends.

You may shorten the cooling-off period or waive the benefit of it entirely by giving written notice to the Seller of the shortening or the waiver. It is up to you whether you wish to do this.

• Particular Words Must Be in the Contract

If Property Occupations Act (POA) applies, the Seller is required to ensure that, when they first give you the proposed Contract for signing, it contains a conspicuously written note (immediately above and on the same page where you sign to indicate your intention to be bound by the Contract) which draws your attention to the cooling-off period and the termination penalty. It must also include a recommendation that you obtain an independent property valuation and independent legal advice before signing the Contract.

If the required statement is not included in the Contract, the Seller or the Seller’s agent may have committed an offence under a Property Occupations Act (POA) and be liable to a fine. Please note that any non-compliance will not affect the validity of the Contract or give you a right of termination.

• Valuation

The note recommends that you obtain an independent valuation of the Property. We endorse this recommendation but do not provide valuation advice. The price is something you need to satisfy yourself about. The Contract is not conditional on a valuation. If you do not want to proceed without a valuation, you will have to obtain it before entering the Contract or expiry of the cooling-off period.

Visit our main article here: Property Occupations Act 2014

No Further Stay Waiver Request Is This For Me?

Does your visa have a “No Further Stay” condition attached to it, and if so, what does it actually mean? Below we attempt to clarify this and how it is dealt with:

No further stay

There are many temporary visa holders in Australia who have got their visa conditioned as “no further stay.” The conditions include 8503, 8534, and 8535. This means unless there are specific
circumstances such as protection visa consideration, the holder upon expiry of his/her visa must leave Australia and will not able to apply for another visa.

My visa is attached with 8503 conditions, how can I avoid leaving Australia?

You can request the Department of Home Affairs to waive the condition attached to your visa but it must fall under either of the following categories;

(a) If you are unable to leave Australia due to medical reason;

(b) If there is a natural disaster in your home country;

(c) If there is a death or serious illness within your close family;

(d) There is a war or civil unrest in your home country; and

(e) The school in which you have registered cannot provide the course that you were approved for.

You cannot request the waiver simply because of the occurrence of a marriage or de facto relationship with an Australian citizen or permanent resident. Additionally, you cannot request the waiver simply because of pregnancy, unless your doctor advised you not to travel.

What happens when the condition of my visa is waived?

If and when, a “no further stay” condition of your visa is waived, you may apply for another visa without having to leave Australia. You need to be mindful, however, that there is no guarantee that
another visa is granted to you as it depends on the type of visa you apply for, and you must meet the requirements of that visa.

How long does it take to process my waiver request and how do I lodge my application?

You need to be mindful that the waiver is not automatic and it all depends if you have provided all the required documents. Under normal circumstances, it takes around 28 days to receive an outcome on your waiver request. However, a delay may be experienced if your provided information is deemed incomplete. As far as the form, you need to complete the Form 1447 ‘No Further Stay’ waiver request and provide a certified copy of the bio page of your passport and all documentary evidence in support of your waiver request. The information then should be emailed to NoFurtherStayWaiverRequest@homeaffairs.gov.au

Read More: Immigration Law

What if I request for a waiver of the “No Further Stay” condition after my visa is expired?

If you stay in Australia after your visa expires, you have breached condition 8531 which states: “You must leave before visa expiry.” This means even if your No Further Stay condition is waived and you are granted another visa, your sponsor will be penalized and any security bond lodged in support of that visitor visa or professional development visa application might also be forfeited.

What if my request for a waiver of the “No Further Stay” condition is refused? Can I appeal the decision?

No. The Department of Home Affair’s decision in respect to your waiver request is final and the decision cannot be reviewed by the Administrative Appeals Tribunal or by another Department. The
Minister also does not have any power to intervene.

Can you assist me to lodge my waiver request application from A-Z?

Yes, we can. It always pays to seek qualified immigration advice to ensure your application and documents are in order. In addition, you need to be mindful that you want to get your application
right first. We are happy to assist you.

By Abolfazl Moghadam

Article Source: 8503 No Further Stay 

Is Your Student Visa At Peril? Australian Student Visa Holders To Read

This article briefly highlights a few important points that any Australian student visa holder must observe and be vigilant of so not to put one’s student visa at risk. The list is not meant to be exhaustive and every case turns on its own fact.

What is condition 8202?

Put simply, condition 8202 requires a student visa holder to adhere to certain course enrolment, attendance, and academic requirements. As an example, condition 8202(2)(a) requires the visa holder to be enrolled in a full-time registered course.

What happens when the condition is breached?

When condition 8202(2)(a) is breached, the Minister is able to cancel the student’s visa in question in accordance with section 116(1)(b) of the Migration Act 1958 (Cth).

What happens if I receive a Notice of Cancellation from the Department of Home Affairs?

The first step is to seek our legal advice to see whether an appeal to the Administrative Appeals Tribunal is in order and that the appeal, if found to be in order, is lodged within the prescribed appeal timeframe according to law.

How will the Department know if I am not enrolled in a full-time course?

All Australian student visa holders are registered in the Provider Registration and International Student Management System or what is known as PRISMS.

What happens when my appeal to the Administrative Appeals Tribunal fails?

Again, we recommend that you seek our legal advice to see whether there are any grounds justifying lodging an appeal for a judicial review in the Federal Circuit and Family Court of Australia.

Take-home message

It is very important to fully comply with your student visa conditions. If in doubt as to what is full compliance, seek our advice. If your visa is cancelled for breaching condition 8202, the Court does not per se have the power to decide your application on compassionate grounds, and absent any merit in your appeal, it will be difficult and costly to appeal such cancellation. In a nutshell, DO NOT gamble with your student visa once it is approved.

For advice or assistance with all immigration matters contact the Immigration Law Team at Aylward Game Solicitors today on 1800 217 217

Article Source: Australian student Visa 

When is Child Support Applicable and What Does It Cover?

Child Support Cover: The financial well-being of the children is always of the highest consideration when couples separate or divorce. If one parent has custody of the children, for the most part, that doesn’t mean the other parent is no longer obligated to offer financial assistance for the expenses of the children.

So what things does child support typically cover?

The general and the rather broad list includes:

• Schooling
• Medical costs
• Food
• Housing
• Clothing
• Extracurricular activities

Generally, child support is paid by the partner with more income, but less time with the children. The amount is typically negotiated depending on the state of the relationship after the breakdown of the marriage or de facto partnership.

To have an idea of how many children support you might likely be required to pay, you can visit the Child Support Agency (CSA) website and make use of their child support calculator, which takes into account the income and circumstances of both parents, as well as how many children under the age of 18 are involved. This is an estimation tool only.

It’s always the best course of action to be able to work out financial care for the children outside of a courtroom. While it’s not always possible, it is the most amicable.

Some parents may insist on child support amounts that are unfair or too high, desiring to use the money to pay for health insurance and private schooling. While health and schooling come under the broad categories of child support mentioned above, private school fees and premium health insurance policies are up for negotiation between both parents.

To effectively mediate the child support agency process so it’s fair for everybody, it’s best to collaborate with your legal representatives. You need to team up with a law firm that has experience and expertise in collaborative law and family law.

That team in Brisbane Aylward Game Solicitors. With specialist training in this field and many years of practical experience, we are the law firm you can count on for an expedient and fair resolution to your child support requirements.

Article Source: Child Support 

Professional Reputation and the Google Review What if the Review is False or Defamatory?

This article aims to analyze the recent decision of the Federal Court of Australia in Musicki v Google LCC [2021] FCA 1393 in which the Court ordered that Google LCC give discovery to the Prospective Applicant of all documents that are or have been in the Google LLC’s possession. (defamatory)

Who is who?

According to the facts of the case, the Applicant (Dr. Korana Musicki) is a specialist vascular and endovascular surgeon with considerable international experience. Her referral basis in Australia is largely greater Melbourne and Victoria regions. She also treats patients from interstate and her market is Australia-wide. Further, the Applicant’s petition to Court deposes that an anonymous reviewer, described as “Dave Cross”, has posted a number of false and defamatory criticism of Dr. Musicki in Google Reviews. She contended in the Court document that David Cross was not a patient of hers. She complained in her Application that the name was a “made up pseudonym” and the person responsible had, “manipulated the Google platform to slander me”.

How the Court viewed the Applicant’s request

Her Honour Justice Mortimer said that “I am satisfied, on the evidence, that Dr. Musicki has demonstrated she may have a right to relief, by way of proceedings for defamation. Having read the Google review and considered the evidence on which the applicant relies, I am satisfied that threshold is met. There is ample evidence Dr Musicki has made reasonable enquiries to try to ascertain the identity of the prospective respondent, having ascertained she did not have a patient by that name. She has done all she could be expected to do, in relation to an international corporation such as Google. She has used channels Google has represented to their customers should be used”.

What Applicant asked Google LLC to do?

According to the originating application and Dr. Musicki’s evidence, she had asked Google to remove the post or identify the author of the post. She further submitted that the imputation of the review are that she intentionally overcharges and misleads clients. Dr. Musicki also responded to Google that, “If you stand by that this is a real account with a real review, then I would request for the email of Dave Cross. It, therefore, means he is a real person, and therefore a real patient. And it is my duty of care, as his real doctor, to follow him up. As I don’t have any record of him, I am unable to do this without the contact point which only you can provide”.

Was the Court satisfied by the Applicant’s evidence?

Justice Mortimer in wrapping up her judgment said that she is satisfied Google is likely to have the identification Dr. Musicki requires to commence proceedings, defamatory criticism, namely the description of the real identity of the reviewer, or has or is likely to have control of a document that would help her ascertain that description.

For advice or assistance with all civil litigations and the latest update contact the Civil Litigation Team at Aylward Game Solicitors today on 1800 217 217

Article Source: Defamatory 

Proof Of Purchase: Should I Obtain Receipt For My Purchase?

This article aims to briefly discuss some of your consumer rights when purchasing a product from any retailer or wholesaler.

Why should I care to obtain a receipt for my purchase?

You always want to make sure that you obtain a receipt for your purchase. Think of a scenario where you purchase a product from a supermarket and as soon as you reach home you find that the product is faulty and that you need to replace it. Some retailers are relaxed when you wish to exchange the product in the prescribed return period if you paid using your credit card. But, the issue about the proof of purchase becomes bumpy when you paid cash to the retailer. You also need to obtain and keep your receipt in case you need to repair, replace or refund the product to the retailer or the wholesaler. It is always prudent to find out the repair, replacement, and refund policies for every item that you purchase whether using a credit card or cash.

My purchase was only $2, is the seller obliged to give me a receipt?

The short answer is yes. When you purchase any product valued over $75, the businesses must give you a receipt. Even if the value is less than $75, you can still ask for a receipt. If the receipt cannot be provided at the time of purchase and you asked for it regardless of the amount, the business has seven days from the purchase date to provide you with the proof of your purchase, being a receipt.

What a valid receipt should contain?

A valid receipt should display the business’ name or its ABN or ACN number, date of supply, and the name of the product plus its price. If the GST is applicable, the display must inform as how much you are paying for the GST in addition to the price of the item you purchase.

Do I need to ask what the price of the product is?

No, you shouldn’t have to. The law requires businesses to display the total price for each product displayed for sale. Either a tag is attached to the product you are looking to purchase, or the price must be visible on the item itself. Businesses usually label the products with their final price and that must include GST.

Disingenuous price offers

You need to be diligent about some offers that simply do not make any sense. For instance, it would be quite unusual that you to be told that a gold bracelet or necklace can have a 70% discount from its total price, as it was. The prices must also be genuine and match with what has been advertised or promoted in the advertisement you found them.

Can I ask the business for an itemized bill for the service they rendered to me?

Yes, you can. You have up to 30 days from the purchase date to request that the business provide you with an itemized statement. Such a statement, at minimum, should inform you of how the price was calculated and the list of materials used, and the amount charged for them, where applicable. The business must provide the itemized statement to you within seven days of the request.

I am tired of keeping hard copies of the receipts. Is there any alternative?

Yes, there is. If you so desire, you may download an application called the ACCC Shopper for smartphones and tablets from iTunes for Apple iOS users, and Google Play for Android users that, among other things, enables you to store digital copies of your receipts.

For advice or assistance with all consumer law matters, contact the Consumer Law Team at Aylward Game Solicitors today on 1800 217 217

Find Brisbane consumer lawyers on Google Maps near you.

You may also like to know more information about the related article:

• Should I Purchase Extra Warranties From The Suppliers
• Been Scammed? What Is Unfair Treatment From A Business?

Article Source: Proof Of Purchase