Just Us News

REMY FORSTER – CONVEYANCING PARALEGAL

If you could sum yourself up in 5 words, what words would they be?

Practical, confident, nerdy, impatient and caffeinated.

Why did you choose the career path that you are currently in?

I started working as a receptionist to get some experience when I started my law degree, was promoted into a conveyancing job and liked it so much I never left.

What phobias do you have?

Foniasophobia.

Do you have a favourite quote?

“But I am assailed with my own ignorance and inability. I’ll just have to work from a background of these.”– Jonathon Steinbeck

Who was the first artist you ever saw live, and what memorable moment did you take away from the event?

Robbie Williams. It gave me an aversion to Robbie Williams but a love of live music.

If you could change one thing about working here, what would it be?

I would install a giant ball pit for us to play in on our lunch breaks. I guess staff members’ children could play in it too.

What book, or series of books, would you recommend?

The Hyperion/Endymion Series by Dan Simmons or anything by Donna Tartt.

What aspect of your role do you enjoy the most?

Helping clients solve unexpected problems when they arise, and learning new conveyancing skills.

Favourite travel spot?

Anywhere in Ireland.

What are your favourite things to do in the wonderful city of Brisbane?

Attend the open air cinema at Southbank, wander around Brisbane Festival and check out the displays in GOMA and the Science Museum.

Which cartoon character would you most like to switch lives with?

Rick Sanchez.

What are three career lessons you’ve learned thus far?

Knowledge is temporary, attention to detail is vital and excelling at a difficult job is more than just a 9 to 5 commitment.

Just Us Lawyers – for the best Conveyancing lawyers in Brisbane call/email Just Us Lawyers or complete our enquiry form for a quote today

By Natalie Smyth

The Real Estate Institute of Queensland have recently updated the Houses and Residential Land Contract and the Residential Lot in a CTS Contract to deal with recent changes to the Fire and Emergency Services Act 1990, with respect to smoke alarms.

The Fire and Emergency Services (Domestic Smoke Alarms) Amendment Act 2016 (“the Act”) has amended the Fire and Emergency Services Act 1990, by modifying the definition of and provisions related to “compliant” smoke alarms in residential properties.

As the amendments took effect from 1 January 2017, it is important to consider what these amendments mean for landlords, and also buyers and sellers of residential property in Queensland.

Prior to the amendments taking effect, a compliant smoke alarm in a Queensland residential property was one that complied with Australian standards AS3786-2014 (S1). Now, smoke alarms will need to comply with both Australian standards AS3786-2014 (S1) and AS 160.6-1997 (S2) to be considered “compliant” under the new legislation and the terms of a standard REIQ Contract for the sale of residential property in Queensland.

The S2 standards provide for the positioning of smoke alarms and the requirements for smoke alarms to be linked. In particular, the S2 standards specify that smoke alarms must be positioned between each area containing bedrooms and must be interconnected, so that when one smoke alarm is triggered, they all do.  The S2 standards also provide that smoke alarms must have a continuous power source, for example, hard-wiring or a 10 year battery.

Other Key Changes

The Act provides that from 1 January 2017:-

1. if a smoke alarm does not work when it is tested, it must be replaced by a photoelectric alarm; and
2. any newly installed smoke alarms must be a photoelectric smoke alarm.

Research suggests that photoelectric smoke alarms are more effective, as they are more sensitive to detecting the large particles that are produced by smoldering fires, and are also said to reduce the number of false alarms, which are started from cooking, for example.

New buildings/Renovated Dwellings

The new requirements for smoke alarms will apply immediately to brand new builds and substantially renovated homes (if the building application was made after 31 December 2016).

Timeframes for changes/obligations for Sellers and Landlords

Whilst the amendments came into effect on 1 January 2017, the changes to existing smoke alarms are being phased in over a period of 10 years.

By 1 January 2022 any property that is sold or leased must contain a compliant smoke alarm prior to the Contract of sale or lease being entered into. This means that presently, there is no obligation for

Sellers and Landlords selling or leasing property to update existing smoke alarms to ensure they are “compliant”.

By 1 January 2027, all residential property owners will need to ensure that smoke alarms are compliant.

Further Considerations

• Property agents, solicitors and conveyancers must ensure that they are using the latest editions of the REIQ Contracts; and
• Buyers/tenants may require additional special conditions included in the Contract for Sale with respect to smoke alarms when they are purchasing or leasing residential property.

If you are buying or selling a property and you require advice surrounding how the new smoke alarm laws affect you, or require special conditions to be drafted for your Contract, please contact Natalie Smyth.

Just Us Lawyers – for the best Conveyancing lawyers in Brisbane call/email Just Us Lawyers or complete our enquiry form for a quote today.

In the lead up to mid-year salary and performance reviews it is timely for employers to take stock of arrangements under employment contracts.  In particular, employers should consider whether their employees are engaged under a fixed term or an ongoing (permanent) contract of employment.

Some employers may be considering employing workers on fixed term contracts. Contracts of employment are generally of two types – those which terminate with the effluxion of time (fixed term contracts) and those which terminate by the giving of notice.

A fixed term contract is for a specific time period, for example, from 1 July 2017 to 30 June 2018, but it can be for any specified term. Contracts for two or three year’s duration are quite common.

The advantage of a fixed term contract is that there is no need to give notice of the end of the contract and a redundancy payment is not applicable.  The contract simply ends on the specified date.  However, the difficulty with a fixed term contract is that circumstances may and often do change during its term.  At common law, an employer who wishes to end the contract before the specified end date, will be required to make a payment to the employee equivalent to what would be payable for the balance of the term of the contract. If this is not done, the employee may be entitled to damages (with interest and costs) for income lost or to make an unfair dismissal application seeking reinstatement or compensation. On the flip side, an employee may also be liable in damages to their employer should they terminate a fixed term contract before it expires.

Another disadvantage of a fixed term contract is that it cannot be extended beyond its original term without changing the nature of the employment relationship from temporary (with no expectation of a continuing relationship) to permanent. A series of fixed term contracts entered consecutively overtime will evolve into a permanent employment relationship giving rise to a legitimate expectation by employees of continuity.  If this happens, the employer will be liable for accrued entitlements including redundancy pay and payments in lieu of notice of termination.

An early termination clause can be inserted into a fixed term contract, allowing it to be terminated by notice before the end date. This can help to overcome the pitfalls we have identified. A hybrid contract allows the employee to be employed “up to” the end date specified in the contract. Providing the full term is worked, there is no need for notice of termination and the employee has no statutory unfair dismissal rights or redundancy pay rights at the end of the contract.

The benefit of a hybrid contract is that it can be terminated at an earlier date by the employer without having to pay the full balance of the contract. A potential drawback to such a clause is that the employee may have statutory unfair dismissal rights and an entitlement to redundancy pay if they have served the required minimum employment period under legislation.  There is also the possibility that an employee might claim damages for breach of contract, arguing that the parties intended that early termination was only to occur in exceptional circumstances. In addition, unless the hybrid arrangement is clearly stated, there is a danger that a court or tribunal will view the inclusion of a notice provision as changing the very nature of the employment relationship from a temporary to permanent.

The “take home” message is that employer’s need to exercise caution in the preparing employment contracts. Fixed term or hybrid contracts should not be used to avoid or replace permanent employment and associated obligations. Where there is a finite or temporary demand for employees in your workplace, casual, fixed task or seasonal employees should be considered.  Where fixed term contracts or hybrid contracts are used, expiry dates must be properly diarised, managed and reviewed where necessary.

If you are reviewing your employment contracts, you would be wise to seek professional advice. Our solicitors at Just Us Lawyers have had many years of experience in assisting both employers and employees with employment law advice. Call or email Just Us Lawyers for assistance in drafting your employment contract today!

NATALIE SMYTH – SOLICITOR 

What T.V show/movie are you ashamed to admit you love?

The Vampire Diaries – adventure, romance, and ridiculously good looking vampires – what more could a girl ask for.

You’re happiest when?

I am at home in my PJs watching re-runs of the Vampire Diaries and snuggling up with my ginger cat, Prince Harry.

What children’s character can you relate with most? Why?

Belle from Beauty and the Beast – I am such a bookworm.  I also have brown hair and brown eyes and hope to own a horse named Phillipe.

Best vacation you’ve been to?

When I was little we went to the Pet Porpoise Pool at Port Macquarie and I was chosen out of the crowd to brush the dolphin’s teeth with a giant toothbrush.  Very proud moment!

What aspect of your role do you enjoy the most?

I love problem solving for my clients. Especially, spotting hidden clauses in contracts that are contrary to my clients’ interests. If spotted early in the contract negotiation stage, many of these clauses can be removed, redrafted or reworded to better protect my clients’ interests.

What did you want to be when growing up?

I always wanted to be a painter or a writer.  I still write in my spare time, and hope to publish my own novel one day!  It will be a romance, of course – but no vampires.

What places have you lived in?

I lived in Ireland for five months whilst participating in an exchange program through my university. It was the best experience. It helped me develop a new sense of self and gave me a lot of confidence.

What is your family like?

Think, my Big Fat Greek wedding.

What are two career lessons you’ve learned thus far?

Say yes to all opportunities that come your way and never say you can’t do something – you never know how much you are capable of until you try!

Just Us Lawyers – for the best Conveyancing lawyers in Brisbane call/email Just Us Lawyers or complete our enquiry form for a quote today

Real Estate can make for a fantastic investment. However, you need to be careful as there are many risks involved when you rent out your new property.  As a new property owner you may encounter challenges in finding and retaining good tenants.  Before tenanting your new investment property it is worth becoming familiar with the property laws in your State so that you know what actions to take if or when tenant issues arise.

One issue which often arises is the repayment of bonds at the end of a lease. There is quite often a very large gap between the landlord’s views and expectations as to what the bond money should be used for and the tenant’s legal responsibilities.  Landlords are often emotionally attached to their properties and expect the tenants to leave the property in immaculate condition. The landlord needs to be realistic and allow fair wear and tear over the course of a tenant’s lease, which may well increase with the length of time that the tenants have resided in the property.  An emotional connection to the property can influence what the landlord perceives to be a reasonable standard for cleanliness, yard and garden maintenance etc.

Some landlords choose to manage their properties privately and save on real estate management costs. However, when a landlord doesn’t engage a property manager, the landlord needs to ensure that they are familiar with tenancy laws, abide by these laws, as well as keep a very accurate record of rental payments. There are other processes under the residential tenancies act regarding inspections, remedy and breach notices which must be assiduously followed by landlords if they are to self-manage properly.

When a tenant moves into a property, they may often complain that the property is not ‘clean’. This can be a difficult issue as cleanliness is subjective.  The tenant should inform the landlord if there are any issues with the property as soon as they move in.  Records should be made and kept of the condition of a property at the beginning and end of each tenancy. This may avoid disputes, or assist in resolving them if/when they arise. Taking photographs is a great way to prove that the property was left or handed over in a certain condition.

When selecting a property manager, you should consider the percentage of properties that are in arrears for the agent, as this may be a performance indicator.  Additionally, consider how much should be set aside from your rental income for maintenance issues in the future. Doing that in advance saves you from trying to find the money to meet expenses.

Remember, it is important to shop around when looking for a rental agent, their charges vary greatly.  Many charge high fees for telephone calls, postage and sundries, on top of management fees. Check the reputation of your agent by Googling their name and check any online ‘reviews’. If a Facebook page is available, see what their customers have to say about them.  This might be the best way to find out about common disputes that the agency has with their landlords.

Above all else, make sure you find an agent that you not only trust, but that will keep in touch and conduct regular three monthly inspections. A proactive and communicative property manager is what you are looking for.

Remember it is your property but your tenants have rights too.

Buying or selling your investment property contact Just Us Lawyers – for the best Conveyancing lawyers in Brisbane call/email Just Us Lawyers or complete our enquiry form for a quote today.

by Ted Besley

Recent case law from the Fair Work Commission shows that employers and employees should be aware that unfair dismissal isn’t always a “costs free” jurisdiction. In particular, costs will be awarded where offers to settle are unreasonably refused in conciliation and an application dismissed at hearing. Conversely, costs will not be awarded merely because an offer has been refused, particularly where unreasonably advanced by employers.

 

Generally, parties bear their own costs in unfair dismissal proceedings before the Commission. However, there is a danger that indemnity costs will be awarded against employees who refuse settlement offers and then proceed to a hearing where it is found that their case has no merit.

Importantly, being self-represented (as many unfair dismissal applicants often are) may not be a sufficient excuse to avoid a costs order being made after an unsuccessful hearing. In the cases summarised below, the Commission found that the applicants’ conduct contained an element of recklessness and delinquency in continuing to pursue their applications in disregard of the facts of each matter. On the other hand, the rejection of a series of inconsistent offers made in conciliation was found to prevent a costs order being made.

Statutory regime

The provisions of the Fair Work Act which deal with costs are found at s 400A and s 611(2).  Section 400A gives the Commission discretion to award costs in unfair dismissal matters where a party has caused costs to be incurred by acting unreasonably or making a serious omission. In addition, costs can also be awarded under s 611(2) which specifically refers to vexatious applications/responses and either pursuing or defending an application without reasonable prospects.

The Case Law

In Steven Post, the employer had made a range of offers to settle beginning at five week’s pay up to the six month statutory maximum. The applicant rejected each offer and the matter proceeded to a hearing. Rather than find that the employee has been unfairly dismissed, the Commission found that they had committed serious misconduct in the course of their employment. In the circumstances, costs were awarded on the basis that the employee should have understood that their prospects at trial were slim and rejecting the offers was reckless.

Costs were awarded against an employee for similar reasons in Colin Ferry. There, an offer to settle had been made in writing following conciliation whereby the employers specifically stated that they intended to rely on it for the purposes of costs if the application was dismissed. Of crucial importance in making a costs order against the employee was that they had received the offer after getting the employer’s material (statements, documents submissions etc) for trial. The Commission found that despite being self-represented, the employee had enough material to know that their prospects of success were weak and proceeding to hearing was reckless in the circumstances.

Thaer Barkho, however, shows that refusing offers made in certain circumstances will not justify a costs order. In that case, the employer made an offer styled as ‘first and final’ which was later made again, then increased, and then repeated. The Commission found that it was reasonable for the employee to reject offers made in this fashion and the employer’s application for costs was dismissed.

Conclusion

The cases we have summarised show that employees should carefully consider offers made in the conciliation phase of an unfair dismissal application and think twice before ploughing on to a hearing. Being self-represented and having no legal experience will not avoid a costs order being made where offers to settle are rejected and a weak case brought to hearing.

Whether you an employer or employee, the team at Just Us Lawyers have decades of experience in employment law and can guide you through the system to ensure you get the best outcome.

We’ve all been there. The stress of buying a new home can be extraordinary and this only manifests further if you discover your dream home is actually more of a nightmare but that’s where we can help. In the UK, buying a home is considered to be more stressful than bankruptcy, divorce and the death of a loved one. Having Brisbane’s best conveyancing lawyers on your side can make all the difference in ensuring that the house you buy is one you love and one that doesn’t have any nasty surprises for you once you move in. Here are a few things to keep in mind before you decide to buy your next home.

1. Location is everything
Unlike most aspects of the house, this isn’t a customisable feature (or not a cheap customisable feature anyway). When looking around the market, it’s always important to consider where the house is and where you’d want to be living in regards to work, your lifestyle and whether it will be a good fit if you’re looking to raise a family or not. The last thing you want is to find yourself resenting the purchase a few months down the line because you fell in love with the house but not the location. This is something that even the best conveyancing lawyer in Brisbane couldn’t help you with in terms of breaking the contract, so make sure you love where you’ll be living just as much as the house.

2. Lawyers can advise you on the buyer’s agreement
This is something that not a lot of people understand they’re entitled to when looking for a new home. When a buyer’s agent is involved, they tend to trust their judgement and expertise to make sure that they are getting the best deal possible for the purchase. As buyer’s agents don’t tend to be lawyers, they may be unable to answer your questions on the full scope of the document and may be unaware of extra protections you can have put in place for down the line. This means you could be left high and dry later on if something was to occur that you could have been protected against but weren’t. We’ve been in business for a long time now, so we can safely say we are some of the most experienced conveyancing lawyers in Brisbane. We’ll happily look over documents and suggest protections for you that will mean you’re prepared for the future.

3. Have the property inspected
A problem some people find themselves in after buying a home and moving in is finding out that it has termite damage or pre-existing structural damage that predates the purchase. It is always encouraged to have an expert come in and view the property to make sure you have a much clearer understanding of what’s going on behind the walls of your home. Always pick an inspector who is independent from the parties and their agents. One that will give you an honest evaluation that lets you understand the property you’re considering buying. They’ll be able to spot things you won’t and will let you know how much it will cost to fix any damage or defects, (if  repairable). As specialist conveyancing lawyers in Brisbane, we encourage all home buyers to invest in this process.

These are just three basic tips for when you’re looking to buy a new home or apartment. It is always a stressful process but you can rest easy knowing that you’ve purchased the best property for you that won’t cause any hassles in years to come. If you’re looking at buying, or selling, and are in need of a conveyancing lawyer, we’re the best in Brisbane. We’re more than happy to go over the Contract of Sale to ensure you’re getting the best deal possible. Contact Just Us Lawyers today and make an investment in your future.