Drug possession - 21 September 2023

Drug Possession

In Queensland, under the Drugs Misuse Act 1986 (DM Act) it is an offence to possess any substance which is classified as a dangerous drug. But did you know that you could be deemed by the Police to be in possession of drugs which aren’t even yours and/or are not in your direct possession? This is called “occupier’s liability”.

What is occupier’s liability?

Under the DM Act, a person who occupies a place is deemed to be in possession of any drugs found in that place, unless the person can prove that they neither knew the drugs were in the place nor had any reason to suspect they would be there. This is one of the few times in criminal law that a defendant has the burden of proof.

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Verification of Identity Requirements for Property Transfers in Queensland - 15 September 2023

With the increase of digital communications and conveyancing moving towards a paperless realm, all Buyers and Sellers are legally required to verify their identity.  Effective from 30 September 2019, the Queensland Government introduced a new protocol for the witnessing and execution of Land Title documents for lodgment with the Queensland Titles Registry.  This new protocol is referred to as the “Verification of Identity” (VOI) and is a process used to confirm a person’s identity.

 

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Lawyers and other parties involved in property transactions have an obligation to ensure that the person claiming the right to deal with land is legally authorised to do so. This also involves confirming a person’s capacity to act as an agent for a company or as an attorney.

The VOI process is particularly important in land and property dealings, as it assists in reducing identity theft and land title fraud.

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Delays in release of superannuation in estates - 11 September 2023

Unfortunately, as discussed in the article below there can be significant delays or unnecessary requirements in releasing superannuation to estates. We have come across scenarios where a 96 year old was required to detail her sleeping arrangements with her late 98 year old husband, provide birth certificates and a statement from all their 11 children that they were not going to make a claim against their late father’s superannuation. This was for all of less than $2,000 in superannuation. This situation can be lessened, or avoided altogether, with the right estate planning.  We can assist putting the best process in place to expediate the release of your funds to your loved ones.

 

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Employment Law Modern Award - 8 September 2023

 

Due to recent employment law changes we provide the following update:

Employment Law

Modern Awards

If you are an employee or employer, it is important that you understand your rights and obligations. In Australia, most employees are covered by instruments known as Modern Awards. Awards are documents which set out the minimum entitlements which employees can expect they will receive, and vary depending on the industry the employee works in.

Some employees may be covered by multiple Awards, depending on the nature of their work and their duties. Therefore, employers will need to be aware of all Awards which cover their employees and ensure that each employee is made aware of each Award affecting them.

Most employment arrangements will be covered by individual Employment Agreements, however it is important to know that an employee’s rights and entitlements cannot be less than that which the Award (if one applies) gives to the employee, even if the employee agrees.

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Time to update your will?

Have you been procrastinating about updating your Will or perhaps you don’t have one and keep putting it off for a “better time”? There is no better time than now. Nobody knows what the future holds. You want to be in control of who receives your assets once you have passed. You have worked hard for your assets, whether large or small. Now is the time you do have control.

We have been drafting Wills for over 50 years. It is one of the most important decisions you will ever make. Make the right decision.

Our friendly team are here to assist you. All you need to do is pick up the phone and make an appointment. We will guide you through the rest.

Real estate referral payments

This article highlights the common practice of conveyancers and solicitors making referral payments to real estate agents.  Mott and Associates do not pay commisssions to agents and belive the practice should be banned in Queensland.

 

Article discussing solicitors and conveyancers paying referral fees to agents

Acting for both sides of a property transaction

This is an interesting article on why conveyancers and solicitors should avoid acting for both sides of a transaction. It describes some of the pitfalls for the client. Mott and Associates will never act for both parties.

 

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Podcast on estate matters

 

William Hodgen appeared in a recent podcast relating to dealing with estate matters.  The link can be found here.

What should you bring to your appointment when acting as an Executor for an Estate?

It is important to ensure that you bring as much information as possible with you at your initial appointment. This will give your lawyer a clear understanding of what is involved in administering the estate and will assist in enabling us to provide you with an accurate estimate of the costs involved.

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Risks of Electronic Signatures on Contracts

Conveyancing is slowly moving into the realm of a paperless system.  Whilst electronic settlements are still not mandatory in Queensland, signing contracts electronically has gained popularity in recent months.  An electronically signed contract is legally valid and enforceable.  However, as electronic conveyancing in Australia is new, there is little in the way of structure or processes to validate these documents.  Such programs such as DocuSign and EchoSign make signing contracts more convenient than ever but are you aware of the risks associated in signing documents, especially contracts, in this manner?

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