Blog | Ellison Moschella & Co

Mar 6, 20212 min read

Making a Will and Testamentary Capacity

In order to make a Will a person must be of sound mind, memory and understanding. This is usually referred to having ‘testamentary...

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sarahmoschella5

Mar 6, 20212 min read

Special Disability Trusts

A Special Disability Trust (SDT) allows immediate family members and carers to provide for the future care and accommodation needs of a...

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Ellison Moschella & Co

Mar 6, 20212 min read

Appointing a Real Estate Agent

When it comes time to sell your property more often than not you will seek the assistance of a qualified real estate agent to get your...

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sarahmoschella5

Mar 6, 20214 min read

Testamentary Trusts

Testamentary trusts are fixed or non-fixed trusts that are: established by a Will funded by: o the assets of a deceased estate; or o by...

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Interested in buying a residential property at auction? – things you should do before you bid.

Ellison Moschella & Co

Mar 6, 20212 min read

Interested in buying a residential property at auction? – things you should do before you bid.

In the right circumstances an auction can be an effective way to buy a property. There are a few things to keep in mind however when...

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New Property Legislative Scheme to Commence on 1 of December 2014

Ellison Moschella & Co

Mar 6, 20211 min read

New Property Legislative Scheme to Commence on 1 of December 2014

The Queensland Government has announced the commencement date for the four pieces of legislation that will replace the current Property...

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sarahmoschella5

Mar 6, 20212 min read

Changes to Off the Plan Contracts

The Attorney-General and Minister for Justice has advised that in conjunction with the POA transition, the amendments to the Land Sales...

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sarahmoschella5

Mar 6, 20211 min read

Environmental Protection Act – fixing a disclosure failure

Amendments to the Environmental Protection Act 1994 were passed on the 28th of October which, after commencement, potentially affect all...

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SUPREME COURT Confirms NOT every player in a family provision claim wins a prize.

sarahmoschella5

Mar 6, 20212 min read

SUPREME COURT Confirms NOT every player in a family provision claim wins a prize.

The Supreme Court of New South Wales in the recent decision of Burke v Burke (2014) NSWSC 1015 demonstrated that not every financially...

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What Buyers Should Know Before Purchasing from a Deceased Estate

sarahmoschella5

Mar 6, 20212 min read

What Buyers Should Know Before Purchasing from a Deceased Estate

Buyers can be motivated to buy property from a deceased estate as it is usually perceived to be good value. It is important however that...

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Ellison Moschella & Co

Mar 6, 20211 min read

Proposed Changes to BCIPA

New legislation introduced earlier in 2014 incorporates significant reforms to the Building and Construction Industry Payments Act 2004...

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Security Interest in Building and Construction Contracts

Ellison Moschella & Co

Mar 6, 20212 min read

Security Interest in Building and Construction Contracts

Typical security interests in construction contracts Security interests can arise from a variety clauses commonly contained in building...

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sarahmoschella5

Mar 6, 20212 min read

Deceased Estate Family Provision Claims?

The decision in Bouttell v Rapisarda (2014) NSWSC highlights the practical way in which the courts approach family provision claims. The...

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sarahmoschella5

Mar 6, 20212 min read

Misrepresentation - A Warning to Agents and Vendors

A dispute lodged by buyer of a $2.5 million dollar unit in Brisbane’s prestigious Riparian Plaza has landed a real estate agency into an...

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Asbestos Register – Does Your Commercial Property Require One?

Ellison Moschella & Co

Mar 6, 20212 min read

Asbestos Register – Does Your Commercial Property Require One?

Ownership of commercial property entails many additional requirements to that of residential property. Section 425 of the Work Health and...

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Can Foreigners Purchase Residential Property in Australia?

Ellison Moschella & Co

Mar 6, 20212 min read

Can Foreigners Purchase Residential Property in Australia?

The Australian government has welcomed foreign investment on the grounds that it will assist economic growth and prosperity of Australia....

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What do I need to Know When Purchasing a House with a Non-shared Pool?

Ellison Moschella & Co

Mar 6, 20212 min read

What do I need to Know When Purchasing a House with a Non-shared Pool?

Pool safety laws in Queensland came into effect for new pools in 2009 and for existing pools in 2010 to answer the growing number of...

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Ellison Moschella & Co

Mar 6, 20211 min read

Which Unit?

We recently acted for a young couple who had entered into a contract to buy a unit in a two unit complex on the coast. Everything was...

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sarahmoschella5

Mar 6, 20212 min read

Family Provision - Deceased Estates

The NSW Supreme Court in Revell v Revell (2016) NSWSC 947 observed that “courts do not rewrite the will of a deceased person simply...

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sarahmoschella5

Mar 6, 20212 min read

Crisp orders – deceased estates

In Paradisis v Kekatos (2016) NSWSC 220, the deceased in his Will left to his wife of 28 years a “life interest” in the matrimonial home,...

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