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2011 Volume 1

ISSN 1835-7199 (Print)ISSN 1449-9207 (Online)

Don’t be a Fool – Inspect Your Pool

What the new pool safety standard means for pool owners in Queensland

Before taking a lease of commercial or retail

premises, consider this…

Web Weaving – Property Law

The great migrationWhat parents and their kids need to

know about retirement villages

Department of

Justice and Attorney-Generalwww.lawweek.qld.gov.au

Mock trial

One of the most popular activities during Law Week are the mock trials.

A mock trial is a pretend court hearing which is acted out by people playing a variety of court room roles.

Mock trials are often used by lawyers to test and examine theories prior to going to court. While high school and university law students use mock trials as a practical element throughout their studies.

Why not hold your own mock trial at home or school and have your class or family participate?

Visit www.lawweek.qld.gov.au or your local courthouse to find out how to set-up, run and win your own mock trial!

The Verdict is the official publication of the Queensland Law Society’s community relations. The Queensland Law Society provides specialised legal information to schools, community groups, and the general public. The Society encourages the community to advance their knowledge of the law, the legal system and the service solicitors can provide.

Editor: Calista BruschiDesigner: Scott MinnisProof readers: Celia Casey, Natalie GraeffAdvertising: Kathy PurcellOnline assistant: Kintek

Contributors: Calista Bruschi, Claire Kavanagh, Kerri McElwaine, Brooke Thomas, Kristy Richardson

Editorial enquiries:Email: [email protected]

Advertising:Kathy Purcell: 07 3842 [email protected]

Queensland Law SocietyLaw Society House179 Ann StrBrisbane QLD 4000

GPO Box 1785Brisbane QLD 4001

The Verdict is published by Queensland Law Society.© Queensland Law Society 2011.

Disclaimer:Contributors to The Verdict express their own views and these do not necessarily reflect the opinions or views of the Queensland Law Society. The content of any part of The Verdict should not be construed as legal or professional advice.

Editor’s commentCalista Bruschi

My how time flies, and for Queensland, 2011 has been a rollercoaster of disbelief, emotion and gutsy determination as we have braved natural disaster upon natural disaster. But while so many have been battling life on the home front, the legal world has continued, and we have been involved with a number of initiatives to support those affected, including the Queensland Flood and Cyclone Legal Help.

At the end of 2010, I advised that Queensland Law Society would commence a review of its community relations offering, and during that time subscriptions to The Verdict – our flagship community publication, would be put on hold. Thank you for your patience and I am delighted to present our new-look magazine for your eagerly awaiting eyes!

The first thing you may have noticed is that this edition has been sent to you electronically. This change in direction will allow the Queensland Law Society to share relevant legal information with you in a more timely, efficient and user-friendly format. It also allows the Society to focus on enhancing our relationships with community, business and industry groups, non-profit and member organisations, and the legal profession, because this information can now be supplied free of charge!

Each edition of The Verdict will be published to a theme. This edition of the publication provides legal information in relation to the area of property law – an issue that touches most of us, whether it is as someone wanting to kick-start a business, as a home owner with a swimming pool, or a baby boomer heading towards retirement. In addition, you will find our regular glossary feature to break down some of those complex legal terms, and the revitalised web weaving article features a list of valuable resources available online.

Sadly, by the time this edition of the magazine is published and reaches your inbox I will have left my role as Community Relations Officer, and Queensland Law Society. I would like to take this opportunity to express how much I have enjoyed my time, and I feel privileged to have met so many dedicated and inspirational members.

Finally, as Queensland Law Society rolls out its new approach to community relations, we welcome and value your feedback. If you have a question or comment, please contact the Society via email at [email protected].

Wishing you all the very best in your future endeavours.

Department of

Justice and Attorney-Generalwww.lawweek.qld.gov.au

Mock trial

One of the most popular activities during Law Week are the mock trials.

A mock trial is a pretend court hearing which is acted out by people playing a variety of court room roles.

Mock trials are often used by lawyers to test and examine theories prior to going to court. While high school and university law students use mock trials as a practical element throughout their studies.

Why not hold your own mock trial at home or school and have your class or family participate?

Visit www.lawweek.qld.gov.au or your local courthouse to find out how to set-up, run and win your own mock trial!

Features

02 What the new pool safety standard means for pool owners in Queensland

05 What parents and their kids need to know about retirement villages

09 Before taking a lease of commercial or retail premises, consider this…

Regular features

08 News in Brief

13 Web Weaving

15 Glossary

Contents

2011 Volume 1 25 9

13

The Verdict – Volume 1, 2011 2

What the new pool safety standard means for pool owners in QueenslandQueensland now has the toughest swimming pool safety requirements in Australia as a result of recent amendments to the Building Act 1975. As of 1 December 2010, sellers and landlords of residential property with a pool or access to a pool are required to give some form of notice to their buyers or tenants about whether the pool has been inspected and complies with the new standards. There are hefty fines for non-compliance and the complexity of the new pool safety standards is not easily understood.

Background to pool safety lawsAccording to the Swimming Pool Safety Improvement Strategy-Regulatory Impact Statement1 (Impact Statement) prepared by the Department of Local Government and Planning (DLGP), between 1 January 2004 and 30 June 2010, 41 children under five years of age drowned in Queensland residential swimming pools, as well as two in wading pools and one in a home-made pool. The latest data2 shows that drowning is the leading cause of unintentional death for children aged one to four years.It is widely acknowledged that supervision is the first line of protection for children. However, an effective pool barrier provides an additional safeguard.The two-staged pool safety improvement strategy was developed by the Queensland Government with the assistance of an expert committee established in January 2009 to review Queensland’s swimming pool safety laws. On 26 April 2009, the committee released a report which included 23 recommendations for improving Queensland’s swimming pool safety laws. This resulted in two amendments to the Building Act 1975 which took effect from 1 December 2010: the Building and Other Legislation Amendment Act 2010 and Building and Other Legislation Amendment Act (No. 2) 2010.

Don’t be a Fool – Inspect Your Pool

Obligations of pool owners A pool owner is the owner of the property containing the swimming pool (the pool). In the case of community titles schemes where the pool is on common property, the owner of the pool is the body corporate. As a starting point, pool owners must ensure that the pool complies with the new Pool Safety Standard3 (which prescribes the pool fencing and barrier standards) and also that all barriers for the pool are kept in good condition4 Swimming pool is a defined term in the Building Act 1975. In regards to portable wading pools, if they hold no more than

Brooke Thomas is a Lawyer in the Property and Projects Division at Piper Alderman Brisbane. Brooke has experience in commercial and property law, working on various matters involving property development, sales, acquisitions and leasing.

Kerri McElwaine is a Partner in the Property and Projects division at Piper Alderman Brisbane. Kerri has over 20 years experience assisting her clients in all aspects of commercial and residential property transactions, large and small, with a particular emphasis on designing and documenting projects involving community titles schemes.

by Brooke Thomas and Kerri McElwaine

The Verdict – Volume 1, 20113

Feature Don’t be a Fool – Inspect Your Pool

2000 litres of water that is less than 300mm deep and have no filtration system, they are not required to be fenced. All other portable wading pools require a compliant pool fence. The following are also excluded from the definition of ‘swimming pool’ and are exempt from complying with the pool safety standard:1. fish ponds 2. dams3. birthing pools 4. spa baths in a bathroom which are not continuously filled with

water.5

It is also important to keep in mind that before a pool is filled with water to a depth of 300mm or more, the fencing must comply with the pool fencing standard and a building certifier needs to inspect the pool and its fencing and issue the owner with a final certificate.6

The Building Act 1975 makes a distinction between shared pools and non-shared pools. Basically, a shared pool is used by the residents of multiple dwellings. A common example is a pool on common property in a Community Titles Scheme. A non-shared pool is a typical house with a private pool. It could also be a pool which is wholly within a unit or exclusive use area for a unit.

Pool safety registerThe DLGP is required to keep a state-wide pool safety register (the Register)7. It contains information such as the address and a real property description of the land where the pool is situated. It also notes the date a pool safety certificate was issued and how long it will remain in force.8

Each local council was required by 5 February 2011 to give notice to DLGP of each existing pool in its area of which it has a record.9 At the time of writing this article, Brisbane City Council, Ipswich City Council and Redland City Council had entered data onto the Register. However, Gold Coast City Council, Logan City Council and Scenic Rim Regional Council were still to migrate their information onto the register.Importantly, pool owners must, by 5 May 2011, give details of the pool to DLGP, unless the owner has a reasonable excuse. The maximum penalty for not complying with this obligation is $2,00010.Therefore, pool owners should check the Register before 5 May 2011 to make sure that their property details are correct. The Register can be accessed for free from the DLGP website.11 Searches can be done via street address, real property description or by locating the property by map. When the

property is searched, there is an option to notify the DLGP if there is a pool on the property which has not been listed on the Register.

Pool safety inspectionsPool owners need to arrange a licensed Pool Safety Inspector (PSI) to inspect their pool in order to obtain a Pool Safety Certificate (PSC). There is a PSI directory on the DLGP website.12

The legislation does not set the amount that PSIs can charge. This is determined by the market and pool owners are encouraged to shop around for the best deal.

Once the pool has been inspected, a PSI may take any of the following actions:1. issue a PSC within two business days after inspecting the pool.

A copy of a blank PSC can be viewed on the DLGP website13 2. issue a nonconformity notice which states how the pool does

not comply and what needs to be done to make it comply3. if agreed with the pool owner, carry out specified minor

repairs (such as adjusting or replacing a latch or striker and removing climbable objects).14

A PSC lasts for two years if the pool is a non-shared pool. For shared pools, the PSC will expire one year after it is given.15

Owning residential premises with a pool but not selling or leasingIf you are a pool owner but do not have any immediate plans to sell or lease the property, you should check the Register to ensure that your property is listed. You do not need to arrange a pool safety inspection or obtain a PSC now. However, you will need to ensure a PSC is issued by 5 November 2015 unless you sell or lease the property beforehand.16

Selling residential premises with a poolIt is worth highlighting that the Building Act 1975 does not require a seller to obtain a Pool Safety Certificate. Also, failure to comply with the legislation does not make a contract for the sale of a property with a pool void. In general terms but subject to the comments above, where there is no PSC at settlement, the buyer must obtain a PSC after settlement.When entering into a contract to sell a property with a pool, the seller needs to do the following:1. if using an REIQ Contract17 , complete the ‘pool safety’

section. For the most part, this involves answering the following questions:a. is there a pool on the land?;b. if there is a pool on the land, is there a PSC for the pool?;c. if there is no PSC for the Pool, has a Notice of No Pool

Safety Certificate (NNPSC) been given to the buyer prior to contract?

2. if there is a PSC in place when the Contract is entered into, provide a copy to the buyer. If it is a shared pool, the seller will need to obtain a copy of the PSC from the body


FeatureDon’t be a Fool – Inspect Your Pool

corporate. The maximum penalty for non-compliance with this requirement is $16,500.

3. if there is no PSC issued when entering into the Contract, complete and provide a NNPSC to the buyer. The seller also needs to give a copy of this certificate to the DLGP and if a shared pool, to the body corporate.18 A blank NNPSC can be obtained from the DLGP website.19 It is important to keep in mind that the maximum penalty for not complying with this obligation is $20,000.20

Under the standard terms of the REIQ Contracts, where the sale involves a non-shared pool, if a pool safety certificate has not been issued at the time of contract, the buyer may nominate a Pool Safety Inspection Date. This allows the buyer to have the pool inspected by a PSI. If the PSI has not issued a PSC by the pool safety inspection date, the buyer may terminate the Contract.21 Under the transitional provisions, for the sale of a non-shared pool which has been constructed prior to 1 December 2010, if a buyer is given a NNPSC before 1 September 2012, the buyer must obtain a PSC by 1 December 2012. If the pool has been constructed after 1 December 2010 it is to be expected that the seller would be in a position to give to the buyer a copy of the final inspection certificate for the pool and this will take the place of a PSC.22 If a buyer is given a Notice of No Pool Safety Certificate after 1 September 2012, they will have 90 days from settlement of the Contract to obtain a PSC. In the case of shared pools, the body corporate will have the same timeframe to obtain a Pool Safety Certificate.23 Leasing residential premises with a poolBefore leasing a residential property with a pool, the owner must provide the tenant with: 1. a copy of the Pool Safety Certificate2. a Notice of No Pool Safety Certificate, which must be in either

a Form 36 (if Shared Pool) or Form 37 (if a Non-Shared Pool).24 The maximum penalty for non-compliance with these notice requirements is $16,500.In the case of property with a non-shared pool where the lease is being entered into after 8 July 2011, the owner must have obtained a PSC beforehand. Providing a NNPSC to the tenant will not be sufficient. In the case of a shared pool, the body corporate will have until 1 December 2012 to obtain a PSC if: 1. a lease for the property is entered into before 1 September

2012 2. a PSC is not provided by the date the lease is entered into25

If the property is leased after 1 September 2012, the body corporate will have 90 days from the date of the lease to obtain a PSC.26

ConclusionThe swimming pool safety legislation has been introduced to reduce the incidence of young children drowning or the risk of

immersion injuries. Residential pools in Queensland are now subject to stricter regulation and safety standards. The most important thing to remember when selling or leasing a residential property with a pool is that a copy of a PSC or a NNPSC will need to be provided to the buyer or tenant before the sale or lease agreement is signed. Queensland has set a high benchmark for swimming pool safety laws which has prompted discussion of a national pool safety standard. This is likely to be a highly topical issue in the future.

1 http://www.dip.qld.gov.au/resources/poolfencing/swimming-pool-safety-improvement-strategy-regulatory-impact-statement.pdf2 Commission for Children and Young People and Child Guardian, Queensland Child Death Register 2004-20103 Section 231D of the Building Act which includes Queensland Development Code Part MP3.4 which can be accessed from the DLGP website.4 Section 232(1), Building Act 1975 (Queensland)5 See definitions of “Swimming Pool” and “Portable Wading Pool”, Schedule 2, Building Act 1975 (Queensland)6 Section 234, Building Act 1975 (Queensland)7 Section 246AS(1), Building Act 1975 (Queensland)8 Section 246AS(3), Building Act 1975 (Queensland)9 Section 246AQ, Building Act 1975 (Queensland)10 Section 246AR, Building Act 1975 (Queensland)11 http://www.dip.qld.gov.au/pool-safety/pool-safety-register.html 12 https://www.smarteda.qld.gov.au/pools/inspectors/inspectorSearch.action13 http://www.dip.qld.gov.au/resources/form/poolsafety/pool-safety-certificate.pdf14 Section 246BE, Building Act 1975 (Queensland) and Regulation 16D, Building Regulations 2006 (Queensland)15 Section 246AL, Building Act 1975 (Queensland)16 Section 232(2), Building Act 1975 (Queensland)17 REIQ Contract for House and Residential Land (8th edition) and REIQ Contract for residential lots in a community titles scheme (4th edition)18 Section 246ATF, Building Act 1975 (Queensland)19 http://www.dip.qld.gov.au/resources/form/poolsafety/form-36-notification-of-no-pool-safety-certificate.pdf 20 Regulation 16(2), Building Regulations 2006 (Queensland)21 REIQ Contract for House and Residential Land (8th edition) and and REIQ Contract for residential lots in a community titles scheme (4th edition), Standard Condition 4.7(3)(b)22 Section 246AN Building Act 1975 (Queensland)23 Sections 246ATK(1), 246ATK(2) and 300, Building Act 1975 (Queensland)24 Sections 246ATI, 303, Building Act 1975 (Queensland)25 Sections 291(3) and 291(4), Building Act 1975 (Queensland)26 Section 246ATK(3) and Sections 246ATK(4), Building Act 1975 (Queensland)


In 2011, the first rush of baby boomers are set to turn 65 years of age and retire1 Already there has been an increased focus on retiree issues, so it is important the community has an understanding of the governance and requirements of retirement villages. There are two important aspects of the Retirement Villages Act 1999. The first is a resident’s right to reside in a retirement village, and the second is focused on capital costs associated with the resident’s right to reside.Respected property lawyer Emeritus Professor Peter Butt wrote “the demand for relatively self-contained villages catering for the physical and social needs of people aged 55 and over has increased considerably in recent years.2 He further notes that:

Originally, ‘retirement villages’ in Australia were funded mostly by non-profit religious and charitable organisations. More recently, the trend has been towards private, resident-funded villages. The focus on resident-funded villages created the need to consider the mode by which residents would reside in the village.3

Property lawyer and Queensland University of Technology lecturer Brett McAuliffe expands on this point, stating that the operation of retirement villages in accordance with statutory legislation means that they are different from more traditional residential assets.4

The legislation notes the following differences between living in a retirement village and traditional residential assets:1. The issues surrounding title (and its security)2. The costs associated with a resident’s entry into, exit from and

occupancy of the retirement village.The different ways in which a resident can gain an interest in a retirement village in Queensland and the capital costs associated with rights to reside are explored further on.

The Great Migration

What parents and their kids need to know about retirement villages

Dr Kristy Richardson is the Associate Professor of Property Studies in the School of Commerce and Law at CQUniversity. Kristy was admitted to practice in 2000.

Professor Terry Boyd is an Adjunct Professor of Property at CQUniversity. He is a fellow of the Australian Property Institute and the Royal Institute of Chartered Surveyors. Prof Boyd is a Certified Practising Valuer, a Registered Valuer and in 2006 won the Australian Property Institute’s Property Industry Award, Queensland for leadership resulting in industry change.

by Dr Kristy Richardson and Professor Terry Boyd

The legislative lay of the landThe Retirement Villages Act 1999 aimed to ‘address problems that had arisen due to changes and developments in the retirement village industry’.5 The Act is focused on consumer protection with the main objectives being:a. to promote consumer protection and fair trading practices

in operating retirement villages and in supplying services to residents by:i. declaring particular rights and obligations of residents and

scheme operators


FeatureThe Great Migration

ii. facilitating the disclosure of information to prospective residents of a retirement village to ensure the rights and obligations of the residents and scheme operator may be easily understood

b. to encourage the continued growth and viability of the retirement village industry in the State.6

The Act contains a number of definitions relevant to a resident’s right to reside and the costs associated with a resident’s entry, continued occupation and exit from the retirement village. A retirement village is defined in the Act as a premise where older members of the community or retired persons reside, or are to reside, in independent living units or serviced units, under a retirement village scheme.7 A retirement village scheme is subsequently defined as a scheme under which a person:a. enters into a residence contractb. in consideration for paying an ingoing contribution under the

residence contract, acquires personally or for someone else, a right to reside in a retirement village, however the right accrues

c. on payment of the relevant charge, acquires personally or for someone else, a right to receive one or more services in relation to the retirement village.8

The Act also defines what a residence contract is and what can be included in the contract.9 To meet the definition of a residence contract the contract must give the resident either an exclusive right10 to reside in an accommodation unit or a right in common11 with other residents to use and enjoy the retirement village’s communal facilities. The Act allows a residence contract to be based on a freehold12 interest in an accommodation unit.The residence contract must also restrict the way in which the resident’s rights to reside may be disposed of during the resident’s lifetime, notwithstanding what type of interest the resident holds with respect to the accommodation unit. 13 More specifically, the Act14 details the matters that must be included in a residence contract including:• the right to rescind the contract before the cooling-off period

ends • the cooling-off period • the ingoing contribution payable under the contract • the exit fee payable under the contract• the resident’s exit entitlement• the services charges• the amounts payable, and when the amounts are payable,

by the resident for the maintenance reserve fund for the retirement village

• the insurance for the retirement village, and insurance for which the resident is responsible

• all conditions precedent to the resident’s right to reside in the retirement village

• the resident’s right to re-sell the right to reside in the accommodation unit

• the resident’s entitlement to audited and unaudited financial statements for the village

• the dispute resolution process established under the Act • the statutory charge, if relevant to the resident’s title to, or

interest in, the accommodation unit • the resident’s and scheme operator’s rights to terminate the

contract • anything else prescribed under a regulation.15 The decision to reside in a retirement village is usually motivated by the benefits of the village scheme including the sense of community, security and care, and the availability of communal facilities. The financial implications of residing in the village can be complex but should be plainly set out in the public information document16 (disclosure documentation that must provide information as per the legislation). It is unlikely that the majority of persons considering entering a retirement village would comprehend the financial implications of this decision without expert assistance, such as from a solicitor.

The value of village lifeWhen making the decision to reside in a retirement village it is crucial to acknowledge that this may not be the resident’s final abode and that a move to a residential aged care facility or other care facility may be necessary. Consequently it is prudent to make financial provisions for possible future high level care. The right to live in a retirement village is secured by a payment known as the ingoing contribution.17 This capital sum may be referred to as the price of the accommodation unit or independent living unit (ILU). This price is determined by market demand and is often offered at a discount or premium that results in increases or reductions in the exit fee.It is difficult to calculate a fair value for an ingoing contribution because the location, age, design and facilities within retirement villages vary greatly. Another problem in assessing the value is the fact that resales of ILUs may have to compete with new units being marketed - with attractive discounts - by the scheme operator/owner. Worth noting is that the pricing of ingoing contributions has been severely impacted by the current property market downturn in recent years, and too many units for sale within a retirement village may have an impact on its financial viability.When a resident leaves the village, the refunded portion of their ingoing contribution is described as the exit entitlement.18 Essentially the ingoing contribution amount (or the original amount plus a capital gain) is repaid, less the exit fee19 and less other costs, such as reinstatement costs of the unit, legal fees for transferring the rights and cost of sale. The make up of the exit fee is extremely varied and is further complicated by the initial pricing of the ingoing contribution. Generally the exit fee increases (to some maximum percentage) as the period of residence continues. There is a broad range of exit fees across and within retirement village schemes and the resident’s contract will identify the arrangement made with that resident. Many schemes have total exit costs of between 35 and 50 percent of the sale price of the unit.Persons considering taking up residence in a retirement village


Feature

should be aware that a substantial portion of their ingoing contribution will pay for the facilities and services that they will receive while at the village. A simplified example of the capital cost differential between individual title and retirement village rights is shown in Table 1.The ongoing costs of living in a retirement village are covered by a general service charge20 (levy) usually applied weekly or monthly. This recurring payment covers the cost of maintaining all buildings and infrastructure, plant and equipment, gardens and other communal facilities as well as insurances, council rates and the general running costs of the village. As part of the long-term management of the retirement village, the Retirement Villages Act 1999 specifies that the scheme must have a capital replacement fund21 which is the responsibility of the scheme operator who is obligated to pay a percentage of the new resident’s ingoing contribution to the fund. In addition, the scheme must also have a maintenance reserve fund22 that is part of the general services charges. Within a scheme there are clear distinctions made between capital improvement, capital replacement and maintenance with responsibility for each cost defined in the Act. The amount of the capital replacement fund, the maintenance reserve fund, the general services charge fund, and the operations budget and accounts are important measures of the financial viability of the scheme and they impact directly on the value of the residents’ units. As the public information document must specify the current amount of the capital replacement fund, the maintenance reserve fund, the general services charge as well as the ingoing contribution and the exit entitlement, it is a crucial document when examining the financial implications of the right to reside. It may be necessary to seek financial advice to ensure these implications are clear. In order to consider how residents are affected by the capital charge within a scheme, a worked example is provided in Table 1 below. It illustrates a simplified comparison of the change in capital cost when owning a residential unit individually in freehold and when residing in a resident-funded retirement village. It must be noted that this table does not imply that the two costs should be the same or that the difference is excessive. Retirement villages provide numerous communal benefits that are not available in individual residences.

Table 1: Comparison of capital costs between individual house/unit and an Independent Living Unit (ILU) in a resident-funded retirement village

Capital Costs: over a ten year occupation period

Owning and occupying - a house or apartment/unit

Residing in an ILU in a retirement village

Purchase price/contribution

$500,000 $500,000

Sale price/exit entitlement

$740,000 $378,000

Capital gain or loss +$240,000 -$122,000

Capital cost of facilities and management of retirement village

$362,000

Table 1 explained: The figures shown in the table represent possible costs and sale figures based on market evidence. However, these figures should not be read as definitive but rather indicative. A 10-year occupation period has been used as it approximates the average period of occupancy in ILUs within retirement villages. No differentiation has been shown with service charges and levies as it is assumed that all parties have recurrent service expenses and charges and it is difficult to generalise the costs between home ownership, body corporate structures and ILU charges. A gross figure has been provided for purchase price/contribution, and no adjustment has been made for costs to purchase. In relation to sale price/exit entitlement, the house cost has been escalated by four percent per annum to arrive at the gross sale price. The ILU resident’s exit sum has been calculated by averaging the two common exit formulae at estimated rates. The two exit figures are calculated as a 38 percent deduction from the original cost and, secondly, a 45 percent deduction from the cost plus four percent per annum capital gain. The exit sum deduction does not include the costs of sale, as this has not been deducted from the house sale price.The example indicates the capital cost that each resident contributes to the management and the physical facilities within the scheme, at the time of leaving the scheme, is substantial. In the context of leaving the scheme, it is important to consider that a right to reside in a retirement village can be terminated by the resident with one month’s notice in writing to the scheme operator or by the scheme operator under the Act. Where a residence contract is terminated, the scheme operator and the resident are to agree23 on the resale value of the accommodation unit. Offers can be accepted at less than the agreed resale value24 and if the right to reside is not sold within six months of the termination of the residence contract then a real estate agent can be appointed to sell the right to reside25.

The Great Migration


FeatureThe Great Migration

Finally…Retirement villages are an alternative residential option for seniors, particularly as they offer a sense of community and security and contain exclusive communal facilities. However, people considering residing in these schemes should be fully aware of the capital cost involved in the residential village lifestyle. Further, the specific rights to reside within any retirement village should be carefully considered together with provision for possible future transfer to an acceptable aged care facility and affordability of general services costs of the scheme. A clear advantage is the security afforded by the Retirement Villages Act 1999, provided there is a public information document and a comprehensive contract with each resident.

New Personal Property Securities Register from October 2011

A new Personal Property Security (PPS) Register will be introduced from October 2011.PPS Law governs how personal property may be used as security for a loan and the PPS Register will allow lenders and businesses to register their security interests. Secured parties, buyers and other interested parties will be able to search the PPS Register to find out if a security interest is registered over the personal property.The aim of the new PPS Reform is to bring the Commonwealth, state and territory laws and registers under one national system. Currently the states, territories and the Commonwealth Government all have different registers with different rules for personal property.In Queensland the new PPS will replace the current Register of Encumbered Vehicles (REVS Qld), Bills of Sale Register (including Register of Liens on Crops of Sugar Cane and the Register of Co-operative Charges.The new national PPS Register will be available online, updated in real time and able to be accessed publicly. All current existing state and territory registers will be migrated to the new national PPS Register.For further information and all PPS related enquiries please email [email protected].

owners” achieving levy reductions as a result of the 2004 court challenge will be able to return to the cost sharing arrangements which were disclosed to all unit owners when they purchased their lots.“The Property Council thanks Deputy Premier Paul Lucas and former Minister Peter Lawlor for addressing this situation and for ensuring that we now have greater certainty.“This legislative initiative delivers certainty and transparency for the property industry, which will help restore investor confidence.”

Queensland Floods – Establishment of a new Queensland Reconstruction Authority

A new authority has been set up in Queensland by the State Government armed with the task of rebuilding Queensland and getting the State back on its feet after more than three quarters of the State was affected by floods across many federal, state and local government areas of responsibility.The Queensland Reconstruction Authority will be provided, through legislation, with all the necessary powers to implement all recommendations of the Board.Major General Mick Slater will chair the board, which will also have a federal government representative and other experts. Co-ordinator General Graham

Newton has been seconded to be the CEO of the board.The statutory Authority will manage the task of rebuilding and repairing vital infrastructure in more than 60 flood affected communities across Queensland as well as implementing a state wide plan for reconnecting communities across the state. It will have the power to decide which roads, bridges and railways should be repaired immediately along with deciding whether some places should be rebuilt as before or consulting with communities on possible alternatives.Liaison with local governments will also ensure that all the unique characteristics of each community are factored into the rebuilding process along with co-ordination between government and non-government organisations to ensure that necessary services are in place to assist individuals during the rebuilding process. The Queensland Reconstruction Authority will also set up a dedicated office in North Queensland to support communities devastated by Tropical Cyclone Yasi. Chief Superintendent Mike Keating will be seconded from the Queensland Police Service to head the dedicated office and will be the director of cyclone recovery.The Authority will work specifically with local governments and communities in the North to ensure the recovery and rebuilding process is underway as quickly as possible.With virtually no part of the State being left untouched by the recent destructive weather, the task of rebuilding will be a mammoth task. However the establishment of the dedicated Authority will ensure there are no delays in the recovery process

News in Brief

Property Council welcomes certainty on body corporate fees

Australia’s leading property body has welcomed certainty around body corporate fees following the passing of legislation in the Queensland Parliament on Wednesday, 6 April 2011.Queensland Executive Director of the Property Council of Australia Kathy Mac Dermott said the Queensland Government had provided certainty around body corporate fees by introducing a new lot entitlements system.“The legislation delivers clarity and equity.“Retrospective changes to the user-pays system following a successful 2004 court challenge had disastrous consequences for pensioners and low income earners who faced much higher levies and a significant enormous loss in the value of their unit, due to the imposition of those higher levies.“At the same time developers were unable to incorporate a mix of affordable and high-end apartments in the same scheme.“The legislative changes to the Body Corporate Community Management Act will provide a good outcome for the Queensland property industry and unit owners alike. It will enable developers to include affordable housing product in their project schemes, and a fairer system for fees and levies.Unit owners who have previously been prejudiced through so called “penthouse

1 (http://www.abs.gov.au/Ausstats/[email protected]/mf/3201.0).2 Peter Butt, Land Law (2010, 6th edition), Lawbook Co. p 889.3 Ibid.4 Brett McAuliffe, Resident-Funded Retirement Village Valuations: Complications with the Application of the DCF, Australia and New Zealand Property Journal (2010). Vol 2. No. 8, pp 485-493.5 http://www.legislation.qld.gov.au/Bills/49PDF/1999/RetirementVillagesB99Exp.pdf6 There are ancillary objects provided in Section 3(2) of the Retirement Villages Act 1999 and they include (a) to encourage the adoption of best practice standards by the retirement village industry; (b) to provide a clear regulatory framework to ensure certainty for the retirement village industry in planning for future expansion; (c) to facilitate participation by residents, who want to be involved, in the affairs of retirement villages; (d) to provide for processes for resolving disputes between residents and scheme operators. 7 Section 5(1) of the Retirement Villages Act 1999.8 Section 7 of the Retirement Villages Act1999.9 Section 10 of the Retirement Villages Act1999.10 Section 10(4)(b) of the Retirement Villages Act1999.11 Section 10(4)(b) of the Retirement Villages Act 1999.12 Section 10(3) of the Retirement Villages Act 1999.13 Section 10(d) of the Retirement Villages Act1999.14 Section 45 of the Retirement Villages Act1999.15 Failure to include these matters will amount to a breach of the Act; the maximum penalty of 100 penalty units applies.16 Sections 13 and 74 of the Retirement Villages Act1999.17 Section 14 of the Retirement Villages Act1999.18 Section 16 of the Retirement Villages Act1999.19 Section 15 of the Retirement Villages Act1999.20 The charges for general services is covered in Division 7 of the Retirement Villages Act1999.21 Sections 17, 18 and 91 of the Retirement Villages Act1999.22 Sections 19 and 97 of the Retirement Villages Act 1999.23 Where no agreement can be reached a valuer is to be appointed to value the right to reside under section 70 of the Retirement Villages Act 1999.24 Section 60 of the Retirement Villages Act 1999.25 Section 64 of the Retirement Villages Act 1999.


Feature

When negotiating a lease for commercial or retail premises, the Retail Shop Leases Act 1994 sets the mandatory minimum standards for shop leases in Queensland. Leasing commercial or retail premises is a major financial decision and there are important considerations for tenants before signing on the dotted line, including seeing a professional before making a commitment.

Read the fine print (and it’s all fine print)A lease defines the user’s rights and obligations, and with a lease, the devil is in the details. It is critical that no lease is signed unless its contents and terms are thoroughly understood. Every lease is different, and many are lengthy, detailed and written in legalese. If there is uncertainty about the effect of any provisions, ask a solicitor. Ultimately, the person signing the lease is the one who is bound by its terms, so be sure that the obligations and rights which will be assumed meet the needs of the business and will allow a profitable trade.Look out for inclusions or exclusions in the lease, such as1:• the ability to erect signage• the erection of shelving or partitioning • the availability of facilities, like toilets• the availability and use of car parking for staff, customers and

other visitors• how the premises can be accessed

Do your homework2 Think about the specific needs of the business. Leases sometimes have limitations on how the premises can be used, and certain licences may also need to be applied for and granted before business can commence. Check the lease to ensure the business activities are permissible, and that the use will allow for the growth of the business. Also look to the relevant licencing authority and apply to have that licence granted.

A solicitor will be able to assist with the form of lease, but may not be aware of any unusual requirements relating to the activities of the business, such as the requirement for grease traps or specific signage, and these requirements will need to be communicated to the landlord.There are obligations that can be placed on the landlord will protect your business. This includes things such as negotiating a clause in the lease that puts limitations on the landlord changing the tenancy mix of the businesses nearby in a manner that would adversely affect the operation or sales of the business, or the option of terminating a lease where business is reduced as a result of vacancies in other tenancies.Just as importantly, think about the terms of a lease which you are prepared to accept. For example, if you are not prepared to provide personal guarantees from the directors / shareholders of the tenant company, ensure that this is specified in the letter of offer. A letter of offer is the preliminary correspondence from the landlord to a prospective tenant setting out basic terms and conditions of a proposed lease. It may not be provided in all instances, but when it is provided it should be done before any draft lease documents are available.3

Before taking a lease of commercial or retail premises, consider this…by Claire Kavanagh

Claire Kavanagh is a Senior Associate at Flower and Hart Lawyers. Claire is experienced in a wide variety of property transactions including commercial developments, leasing and the sales and acquisitions of both businesses and commercial property with particular interest in the drafting and negotiation of contracts, and investigating and providing advice on due diligence matters.


Feature

Do a thorough walk throughPrior to signing a letter of offer, obtain a detailed condition report of the premises and conduct your own inspection of the premises, noting the condition and taking date-stamped photographs of the premises, a copy of which should be supplied to the landlord and a copy to be held as a spare in the event of a dispute. If the condition of the premises is unacceptable, place an obligation on the landlord in the letter of offer to repair or upgrade as necessary. If you are prepared to take the premises in its current condition (as is) ensure that the condition of the premises is adequately documented. Premises may require the installation of certain fixtures or services prior to the commencement of business, and an agreement will need to be negotiated between the tenant and the landlord. It is worth noting that where items are fitted at your cost, they are able to be removed at the end of the lease. The lease should contain an inventory of the landlord’s fixtures and fittings and details of the business’s right to install and remove fixtures.Where a fit out is carried out for the tenant, the landlord may alter the date for handing over the premises. If the landlord brings the date forward, consider the availability of tradespeople (and the landlord may even request the use of specific tradespeople for the job), and the responsibility of paying rent from the commencement date of the lease. If there is a delay in the handover, this may affect business and finances. Discuss with a solicitor what options are available to protect your business before agreeing to any lease provisions.Often, leases contain a clause that requires a tenant to convert the premises back to the condition they received it in at the start of the tenancy. This is known as a ‘make good’ clause, and may be costly if it has not been budgeted for.

Ask to see a draft leaseOften, a letter of offer provides that the lease will be entered into “on the landlord’s standard terms”. This should set off alarm bells for a tenant. Before signing an offer of lease, and potentially becoming bound to enter into a lease on certain terms which you have not read, obtain a copy of the landlord’s standard lease and ensure that the terms are acceptable. By reading through the draft lease you are giving yourself the opportunity to understand the provisions of the lease, particularly those relating to4:• financial obligations including bond, rent, outgoings,

advertising and promotion• the cost of any fit out and contributions by the landlord• the permitted use of the premises• the term of the lease and any options to renew that apply• relocation• assignment• core trading hours or hours of operation.Carefully consider the provisions of the draft least to ensure that you will be able to do what you hope to do with the business. Discuss the draft lease with a solicitor, seeking advice on the legal implications of signing a lease, and explanations on any provisions of the lease not understood. Discuss the financial implications of signing the lease with an accountant.

Negotiate itNegotiating a lease can be a daunting task, but there is usually room for negotiation. Where you are not comfortable with the terms of a lease, you may request amendments be made by the landlord before you sign. A lease is a legally binding contract and there will be no right to negotiate once it is signed.This is an opportunity to revisit your leasing requirements and those needed to make business successful.

Ensure the correct leasing entity is in placeTalk to an accountant to determine whether the lease should be in your personal name, a company name or as trustee of a trust. If a company or trustee is to be the tenant, the company and/or trust will need to be established prior to signing the lease.

Put it in writingWhen you are in a position to sign the lease, ensure that the lease includes all of the verbal representations and promises made by the landlord and their agent. Usually, a lease is prepared on an “entire agreement” basis, and any promises or representations which are not included in a lease may not be binding on the landlord.

Seek advice before you pick up a penOf course (and most importantly!), engage a solicitor before you sign anything. 1 http://skills.business.qld.gov.au/starting/shop-leasing.htm2 http://sblegal.innovation.gov.au/Pages/ChooseaLegalTopic.aspx3 http://www.justice.qld.gov.au/__data/assets/pdf_file/0004/27985/JAG7834-Retail-Leasing-Guidelines-Booklet_Cover_web.pdf

4 http://www.justice.qld.gov.au/__data/assets/pdf_file/0004/27985/JAG7834-Retail-Leasing-Guidelines-Booklet_Cover_web.pdf

QPILCH Walk for Justice –

Monday 16 May 7amStep out for improved access to justice

Criminal History Tours –

16, 17 & 18 May 5.30pmTake a journey into Brisbane’s dark past

Trivia Night – Thursday 19 May 6pmProve your legal smar ts

FREE Community Information

Sessions at Brisbane

Magistrates Open Day –

Saturday 21 May 10am-2.30pm Including Wills & Estates, Proper ty and Family Law

Help celebrate our legal and justice system

by getting involved in Law Week celebrations

from 16-22 May. This major national event allows

the Queensland legal profession to make direct

connections with the community. The national

theme this year is ‘Law and justice in your

community’, and the Queensland Law Society

is hosting activities that engage with the general

public and promote the role of lawyers during

Law Week.

Join with the Queensland Law Society in raising

awareness of the importance of pro bono legal

services by taking part in the QPILCH Walk

for Justice (16 May). As a major sponsor of

the Walk for Justice, Queensland Law Society

encourages members in Brisbane and Townsville

to join with other members of the profession,

including the Federal At torney-General Robert

McClelland (needs to be confirmed) and

Queensland Attorney-General of Queensland,

Paul Lucas MP on the walk.

We will also leverage Law Week to explore sites

of significant criminal and legal events spanning

160 years of Brisbane’s history. Queensland Law

Society invites the community on its Criminal

History Tours (16-18 May) that will provide a

unique insight into the significant crimes that

tested and reformed the State’s legal system.

Queensland Law Society will focus on

demonstrating the importance of solicitors

and their capacity to provide the community

with valuable, trusted support with a series

of information sessions to be run at the Brisbane

Magistrates Court Open Day on Saturday,

21 May. These information sessions will be on:

• Succession Law: What you need to know when creating your will

• Property Law: Changes to the Body Corporate legislation

• Family Law: Family violence and Commonwealth Law

Major events will also be hosted in a number of

regional centres around Queensland, including

Cairns, Gympie, Ipswich, Mount Isa and

Townsville. The Queensland Law Society will

work with District Law Associations to support

the coordination of activities similar to those

being hosted by the Society and will provide

community brochures and template media

releases that can be tailored for local media.

Why not seize on the opportunity to build

associations with members of your local

community by getting involved at the Open

Day? Queensland Law Society is looking for

willing solicitors to provide pro bono services

for 20-30 minutes to guide consumers through

the will production process, including what they

need to consider and how to draw one up. We

also want experienced solicitors to volunteer

their time, joining with staf f from the Society,

to man the Queensland Law Society stand.

These are excellent opportunities for solicitors

to introduce prospective clients to their firm.

Practitioners also have the opportunity to

test their legal mettle by battling against their

colleagues at the annual Law Week Trivia Night

(19 May). The Society’s annual event has seen

fierce competition as members of the profession

go head-to-head over five rounds of both legal

and general knowledge trivia, and this year’s

trivia night will be no dif ferent.

Lawyers in Queensland are encouraged to

register to assist and fly the flag for our state’s

practitioners. Contact [email protected]

for further information about how you can

get involved.

For more information go to qls.com.au

Feature


This edition of The Verdict has focussed on real and tangible aspects of property law, that is, land. Property law is the system for evidencing, recognising and transferring title to land, both privately and commercially. Legal tools relating to property law include mortgages, leasing and covenants.

The primary source of property law is vested in State legislation. In order to deepen our understanding of the issues in Australia, there are a number of resources available (both online and in hard copy) to assist.

For renters and landlords:• ResidentialTenanciesAuthority:The Authority is responsible for administering the Residential Tenancies and Rooming Accommodation Act 2008. They provide assistance to tenants, agents, lessors and providers by looking after Bond monies, providing free tenancy information and education, offering a dispute resolution service, and investigating and prosecuting offences under the legislation where necessary. Find out more about the Residential Tenancies Authority online at rta.qld.gov.au/index.cfm.

• Tenants’UnionofQueensland:This State-wide community organisation provides services for residential tenants. If you are a tenant and have a concern about your tenancy, the Tenants’ Union of Queensland is there to provide a range of informative materials and services, including advocacy. They also represent the concerns of tenants in Queensland by researching and consulting on tenancy issues, policy development and law reform campaigns. Visit the website tuq.org.au for further information.

• RealEstateInstituteofQueenslandThe REIQ is the peak body for the property industry and aims to provide knowledge of the industry to landlords and tenants. There are a number of useful resources available online at reiq.com.au/REIQ/Consumer_information/Renting. • DepartmentofCommunities–Housing

andHomelessnessServices:This Queensland Government department delivers a range of services to help Queenslanders access housing the in the private rental market. The website - communities.qld.gov.au/housing – has information about social housing, community housing, the National Rental Affordability Scheme and RentConnect.

Web Weaving – Property Law

Feature


Tips for pool owners, landlords and real estate agents:This fact sheet has been developed by the State government to assist pool owners, landlords and real estate agents in understanding the new swimming pool safety laws and how they affect sales, leases and other accommodation agreements. You can download the fact sheet online at dip.qld.gov.au.

• Propertysmart:The Office of Fair Trading has a downloadable pocket guide for people looking to buy and sell property in Queensland. It contains information on rights and responsibilities, as well as tips to make the process run more smoothly. Visit fairtrading.qld.gov.au/Consumers/Property_Smart.pdf.

• CommongroundThis newsletter is produced by the Department of Justice and Attorney-General and is for people who live, work or invest in community titles schemes. It provides timely information for body corporate managers and committees, lot owners, and those interested in body corporate matters. You can register to receive the newsletter by visiting justice.qld.gov.au/justice-services/body-corporate-and-community-management/forms-and-publications/subscribe.

• housinglocal.com.auHousingLocal was developed by the Housing Industry Association to provide information to homeowners who are looking to build a new home or renovate an existing one.

• It’syourlife:The It’s Your Life: Retirement Village Information has a few important tips on its website. You can view the Top 10 Tips at itsyourlife.com.au/top10.htm.

• seniors.gov.au:There are a number of different housing options available for those Australians over 50 years of age. The website discusses the property options in some detail, allowing people to consider the pros and cons applicable to them. Visit seniors.gov.au/internet/seniors/publishing.nsf/Content/Housing+options for further information.

• Centrelink:If you receive regular Centrelink payments and pay the government rent, you may be eligible for the Rent Deduction Scheme. This scheme allows you to have your government rent automatically deducted from your Centrelink payment and sent directly to the Housing Authority. For further information visit centrelink.gov.au/internet/internet.nsf/services/rent_deduction.htm.

For home buyers and home owners:• OfficeofStateRevenue:Are you a first home owner? The Office of State Revenue has crucial information on the First Home Owners Grant and the Regional First Home Owners Grant on its website. Find out more by visiting osr.qld.gov.au/first-home-owner-grant/index.shtml.

• HousingandpropertyThe Queensland Government has a web page dedicated to providing those building, buying, owning and selling with information. Find information about stamp duty, building and plumbing laws and codes, consumer protection and property laws, land valuations, sustainability, and living in public housing at qld.gov.au/about/health-and-communities/housing-and-property.

• QueenslandFireandRescueServiceThe QFRS wants to ensure people are taking the right precautions to protect themselves, their family and the homes in the event of a fire. They have numerous home safety pages online -fire.qld.gov.au/communitysafety/home/default.asp - providing tips, guidance and advice.

15 The Verdict – Volume 1, 2011

Glossary

Abstractor: One who prepares a title report or abstract of title for real estate

Bona fide: Latin for “good faith,” it signifies the “real thing” and the lack of deceit. In the case of a party claiming title as bona fide purchaser or holder, it indicates lack of knowledge of any defect in title.

Carrying on business: A routine and continuous involvement in an activity undertaken for the purpose of making profit. This can be accomplished with or without a physical or visible business entity.

Debenture: A type of bond (an interest-bearing document that serves as evidence of an investment or debt) that does not require security in the form of a mortgage or lien on a specific piece of property.

Enjoyment: 1) To exercise a right. 2) The use of funds or occupancy of property.

Freehold: An antiquated term for any interest in real estate that is of indeterminate length. It’s distinguished from an interest that has a definite ending date, such as a lease. A life estate is an example of a freehold.

Guarantor: A person or entity that makes a legally binding promise to be responsible for another’s debt or performance under a contract, if the other defaults or fails to perform. The guarantor gives a “guaranty,” which is an assurance that the debt or other obligation will be fulfilled.

Habitable: A residence that is safe and fit for human habitation.

Indefeasible: Incapable of being altered or voided, usually used to describe an absolute interest in real estate that cannot be changed.

Joint ownership: The ownership of property by two or more people, usually with the right of survivorship.

Landlord and tenant: The area of law concerning renting and leasing residential or commercial property and the rights of both the owner and the renter or lessee.

Mitigation of damages: The requirement that someone injured by another’s negligence or breach of contract must take reasonable steps to reduce the damages, injury, or cost, and to prevent them from getting worse. If a tenant breaks a lease and

moves out without legal justification, a landlord must try to re-rent the property reasonably quickly and keep his or losses to a minimum -- that, is to mitigate damages.

Noncontiguous: Used to describe two or more parcels of real property which are not connected.

Occupancy: Living in or using premises or property as a tenant or owner; includes someone who lives in or uses abandoned property with the intention of acquiring ownership.

Possess: To own, have title to, occupy, physically hold, or have under exclusive control. In describing the estate of a deceased, wills sometimes use the phrase “of which I die possessed.”

Rental agreement: A contract (oral or written) between a landlord and tenant that provides for a tenancy for a short period of time, such as one month; it automatically renews at the end of this period, unless the landlord or tenant give each other the proper amount of notice (which usually must be written) to terminate the contract.

Subcontractor: A person or business that contracts with an independent contractor to perform some portion of the work or services on a project which the independent contractor has agreed to perform. In building construction, subcontractors may include such trades as plumbing, electrical, roofing, cement work, and plastering.

Tenure: The right to occupy or hold property, sometimes only for a set period of time.

Use: The right to enjoy the benefits of real estate or personal property (but primarily used in reference to real estate), whether the owner of the right owns the property.

Vested ownership: Complete, unconditional ownership.

Waste: Damage to real estate by a tenant that lessens its value to the owner or future owner. An owner can sue for damages for waste, terminate the lease of a tenant committing waste, or obtain a court order against further waste.

Zoning: The local laws dividing cities or counties into different zones according to allowed uses, from single-family residential to commercial to industrial. Mixed-use zones are also used. Zoning ordinances control the size, location, and use of buildings within these different areas and have a profound effect on traffic, health, and liveability.

Glossary – Property LawCourtesy of http://www.nolo.com/dictionary/

Department of Justice and Attorney-General

www.lawweek.qld.gov.au

Law Week schedule of eventsTime Presentation LocationMonday 16 May

All Day Gympie Open Day with QUT

Gympie

7 am Walk for Justice Brisbane and Townsville

9 – 10 am Mock trial Townsville

10 – 11 am Mock Sentence Townsville

9 – 1 pm Live Court Sittings Townsville

11 – 12 pm Mock Mediation Townsville

5.30 – 8.30 pm QLS Criminal History Tour Brisbane

Tuesday 17 May



12.30 – 2 pm Legal Aid Hypothetical Banco Court, Brisbane

4 – 5 pm Free leagal advice Townsville


Wednesday 18-May

9 – 10 am Mock Trial Townsville



4 – 5 pm Leagal Advice Townsville

5.30 – 7.30 pm Hypothetical Ipswich

5.30 – 8.30 am Criminal History Tour Brisbane

Thursday 19-May

9 am – 9 pm Information Forum Brisbane

9 – 9.45 am Mock Jury Empanelment Townsville


9 – 12 pm Murri Court Live Sitting Townsville

4 – 7 pm Free Leagal Advice Townsville

6 – 10 pm Trivia Night Brisbane

Friday 20-May

9 – 10 am Moot Court Townsville


10 – 11 am SRB Operational Overview

Maroochydore


Saturday 21-May

10 – 2:30pm Magistrate Court Open Day Brisbane

Visit www.lawweek.qld.gov.au for more information

Department of Justice and Attorney-General

www.lawweek.qld.gov.au

Law Week schedule of eventsTime Presentation LocationMonday 16 May

All Day Gympie Open Day with QUT

Gympie

7 am Walk for Justice Brisbane and Townsville

9 – 10 am Mock trial Townsville





Tuesday 17 May



12.30 – 2 pm Legal Aid Hypothetical Banco Court, Brisbane

4 – 5 pm Free leagal advice Townsville


Wednesday 18-May

9 – 10 am Mock Trial Townsville



4 – 5 pm Leagal Advice Townsville

5.30 – 7.30 pm Hypothetical Ipswich

5.30 – 8.30 am Criminal History Tour Brisbane

Thursday 19-May

9 am – 9 pm Information Forum Brisbane

9 – 9.45 am Mock Jury Empanelment Townsville


9 – 12 pm Murri Court Live Sitting Townsville

4 – 7 pm Free Leagal Advice Townsville

6 – 10 pm Trivia Night Brisbane

Friday 20-May

9 – 10 am Moot Court Townsville


10 – 11 am SRB Operational Overview

Maroochydore


Saturday 21-May

10 – 2:30pm Magistrate Court Open Day Brisbane

Visit www.lawweek.qld.gov.au for more information

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