The Australian Dream may be coming true this Year.
While most of us were happily sleeping off the New Year’s Eve cheer a Happy New Year bonus for the beginning of the 2020 decade began.
Until now first home buyers generally needed to save at least 20 per cent of the purchase price as a deposit to avoid paying mortgage insurance and be considered by the banks and financiers for a home loan.
The Federal Government has introduced the new First Home Buyers Deposit Scheme allowing the first 10,000 of eligible first home buyers in each year to go ahead to buy a first home with only 5 per cent deposit, with the government guaranteeing the balance of required deposit under a special new type of scheme.
First home buyers must urgently apply, have at least 5% deposit plus costs to buy and must jump through the usual hoops applying for a home loan. The applicant will eventually repay their loan over the term in the ordinary course. In Queensland, provided a first home is under $550,000 then no stamp duty is payable so that is a help as well.
We understand Commonwealth Bank of Australia and National Australia Bank have the month of January 2020 then the minor banks and financiers only commence on 1 February 2020, but then the amount available is limited. Therefore, depending on how many buyers apply, the funds may run out before 1 February 2020, so anyone interested should quickly investigate the requirements as this Scheme is not ongoing.
There is a tool to help first home buyers find out the property price threshold for the suburb in which they are looking to purchase a property. Click here to access this tool.
An online, interactive questionnaire is also available to help first home buyers find out whether they meet the Scheme’s eligibility criteria along with a guide to eligible properties, including relevant dates and requirements for different property types. Click here to access the questionnaire.
First home buyers need to apply through the listed banks or lenders and we can help with this process and provide legal advice concerning contracts and the process of buying a home. McLaughlins Lawyers have been giving good advice to first home buyers for over 60 years and many of our clients are now buying their 3rd or 4th home with us and sending their children and grandchildren to us for guidance and help with their legal needs.
As with all important decisions in life it always helps to read the fine print. Before making any significant financial decisions we recommend all buyers seek independent financial and legal advice on how to structure their loan arrangements in the best way to suit their own personal circumstances.  McLaughlins Lawyers are fine print experts and independent of the banks and government so can give you the peace of mind to take opportunities that may have been out of your reach till now.
Click here to download the scheme portal to access factsheets and for further information and list of lenders.
In the month of January 2020 & ‘New Year Resolutions’ – save more and the Federal Government might just help you into your first home,  the Australian dream may just be a dream come true – call Teresa Kearney our Senior Associate with over 30 years legal experience on 07 5591 5099 or Cassie Ross our property paralegal on 07 5591 7817 for help.
McLaughlins Lawyers, your experienced Gold Coast lawyers, we stand beside you to make those home ownership dreams come true.
 
Author: Teresa Kearney
Director: Ian Kennedy
Date: 8 January 2020
The post New First Home Buyers Deposit Scheme – Get in quick to boost your chances of first home ownership appeared first on McLaughlins Lawyers.

The Gold Coast Asia Business Initiative or GCABI aims to bridge businesses between Asia and the Gold Coast.
GCABI provides innovative legal, migration and investment solutions to Asian businesses and individuals seeking to invest in Gold Coast businesses and migrate to the Gold Coast, Australia.
Backed by the Southport Chamber of Commerce and support from Trade Investment Queensland, GCABI brings together local professional service advisers that can advise you on how to:

expand your business into Australia
invest in Australia
obtain permanent residence in Australia for you and your family

The GCABI professional service network also includes:

Inbound investment tours to the Gold Coast
International accounting services
Advice on schooling your children in Australia
Universities and tertiary education options

Just 45 minutes south of Brisbane, the Gold Coast has the advantage of being the largest city on the East Coast that is considered regional for many visas. One of Australia’s fastest-growing cities, the Gold Coast offers a strong-growth business environment, a stable and safe political environment, endless golden beaches, more waterways and canals than Venice, rainforest hinterlands and a wonderfully warm climate all year round. The Gold Coast is a safe and stable city to expand your business and raise your family.
If you would like to watch our first vlog speaking on business visa’s click here to watch.
If you have any questions about investing or doing business in Australia, or how business and investment visas work, please contact our team led by Ian Kennedy, Sed Crest and Sophie Pearson.
If you want to learn more, please join our mailing list below to access further content and videos.
The post Gold Coast Asia Business Initiative – Business Visas appeared first on McLaughlins Lawyers.

There are 12 days of Christmas and 12 reindeer.  As 12 is an important number at Christmas time, here are…  12 Parenting Tips for Christmas.
Whilst this may be aimed more at parties who have separated and are co-parenting, many of these tips apply to all families and are suggestions about how to deal with those family dilemmas that pop up over the festive season.
1. Angel – Be prepared

Don’t leave things until the last minute.  Get the news out as early as possible and speak to the other parent about what needs to get done to prepare for the holidays in terms of child care arrangements, travel, and any other decisions that need to be made.
 
2. Mary and Joseph – You as parents

Even though, as a couple, you may no longer be together, you are both still parents. Working together for your children is what will make Christmas enjoyable for you all – don’t put the pressure on young children by asking questions like “Whose house do you want to spend Christmas at?” Those are decisions for the parents to make.
 
3. Donkey – Travelling

If you are travelling away over Christmas with the children, you may need to put arrangements in place for make up time so that the parent who hasn’t travelled away with the children can spend extra time with them over the long holidays.
 
4. Star – Direction

Navigate your way through the decisions that need to be made: gift buying, food preparation and family visits.  Having direction (maybe using a planner or calendar) will help make the holidays enjoyable for all.
5. Three Wise Men – Accommodating different cultures

People and families have different ways of celebrating Christmas.  There may be certain cultural or religious traditions to observe.  Take time to consider and discuss these to ensure they are accommodated so the children don’t miss out.
 
6. Gold, frankincense and myrrh – Not about gifts

Remember money / gifts are not what Christmas is about.  It should not be the presents that the children (or adults) are focused on.  Rather the relationship and quality time with their parents and family.  Don’t make it about the presents.
7. The Inn Keeper – Unexpected guests

We should always be prepared for unexpected guests (or a change of events or plans) during the holidays.  Keep calm when you need to accommodate a change in parenting arrangements.
 
8.  Stable – Plan B

The stable was the ‘plan B’ for the birth of Jesus as the Inn was full.  We know to ‘expect the unexpected’ so it may be a good idea to have a back up plan when things go wrong, trips are delayed or family arrive unexpectedly (see above).  Discuss this with the other parent.
 
9. Sheep – Don’t sweat the small stuff

Whilst the sheep might be a small part of the nativity, all together a flock of sheep can be large in numbers.  Deal with the small issues calmly (but not sheepishly), so they don’t become bigger issues.  If, for example parents end up getting the same present for the child, or someone is slightly late for changeover – don’t make a big deal out of it.
 
10. Shepherd – Don’t be a follower

Don’t let other people around you decide how you should navigate arrangements over Christmas, every family is different and what works for one family might not necessarily work for you.  As children grow up, arrangements might need to be reviewed. What you did 3 years ago might not be the best choice for this year.
 
11. Baby Jesus – What is most important

Remember the most important thing at Christmas is creating happy memories for you and your family.
 
 
12. Santa Claus – Be truthful

Whilst children should hear information that is age appropriate for them, it is not OK to tell children something that is not going to happen, or is untrue.  As hard as it may be to tell children they may not see the other parent on Christmas Day, it is better than them being disappointed on the day.
 
Joelene Nel is a family lawyer and mediator at McLaughlins Lawyers.  As a mother of 2 children, Joelene uses the above tips when she co-parents with her children’s father to try and ensure that the Christmas holidays are fun and enjoyable for all.  If you are finding it difficult to reach agreement with the other parent about arrangements with your children, Joelene can act as a mediator and help parents reach agreement about family matters.  You can call Joelene on (07) 5591 5099 to discuss your family law matter. 
[Thanks to our McLaughlins Lawyer paralegal, Suzanne Falzon, for her contribution to these parenting tips]
 
Author: Joelene Nel
Director: Sophie Pearson
Date: 6 December 2019
The post 12 Parenting Tips for Christmas appeared first on McLaughlins Lawyers.

The mince pies are in the shops and the Christmas decorations are in the stores.  As we all ramp up to get ready for the Christmas rush and chaos which it brings, some people might feel anxious or worried that they haven’t yet resolved or even started their family law matters.
Be aware that just like everybody else, over Christmas, the Court staff also have a break and the Courts do shut down. In Brisbane, the Court office or registry closes from 24 December 2019 and reopens on 30 January 2020.  The Court will stop sitting on 24 December 2019 and reopen on 7 January 2020.
However, this doesn’t mean that you can’t keep your family law matter moving.  Get in touch with our family law department to arrange an initial meeting to talk about your family law needs.  If you are unsure about what happens when you meet a lawyer for the first time read our blog where our Family Law Partner, Sophie Pearson, tells you what you can expert from your first meeting with a family lawyer.
If you are at the stage where you need some help to resolve your family law matters, be that property or parenting, mediation may be an option.  Joelene Nel is a nationally accredited mediator and family dispute resolution practitioner – this means that she has special expertise and experience in resolving parenting matters.
If you are unsure about what mediation is and how Joelene can help you, please read her article here.
Don’t get caught up in the Christmas frenzy, there is still time to start or resolve your family law matters before Christmas.
For trusted legal advice about family law or any other legal matters we invite you to contact the friendly team at McLaughlins Lawyers on 07 5591 5099.
The post Countdown to Christmas! Only 29 days until Christmas appeared first on McLaughlins Lawyers.

All Gold Coast postcodes will open on 16 November 2019 to the new regional visa programs. The Prime Minister announced last Saturday that Perth and the Gold Coast will be open for the new regional visas: the 491 Points-based visa and 494 Employer sponsored visa.
The federal government has also increased the number of places under the regional program by 2,000, increasing the total under the program to 25,000 each year. Sydney, Melbourne and Brisbane will not be eligible for the new regional visas.
The key benefit of the new 491 and 494 visas is the lengthy occupation list. While the government has not yet released the occupation list for the new visas, it has announced the overall number of occupations, which is considerably more occupations when compared to the 186 permanent employer sponsored visa, which has a very limited occupation list leading to permanent residence.
Both of the new visas are temporary visas. Holders of the new visas that live, work and study (if relevant) in a regional location for three years will be able to apply for the new 191 Permanent residence visa when it becomes available on 16 November 2022. Applicants for the 191 Permanent residence visa will need to show that they meet minimum income requirements each year, which is expected to be close to the current minimum of $53,900 per year.
Applicants for the new regional visas must be under 45 years of age and must have a competent English test result in the past 3 years. This means IELTS 6 in each area or PTE Academic 50 in each area or other eligible English test result. Applicants also need at least three years employment experience in their occupation. Part-time employment experience is considered half of full-time experience. For example 12 months part-time work as a chef is considered 6-months full-time employment. While the policy has not been released, it is likely overseas employment experience will count for the new regional visas.
The new regional visa program will also increase the attractiveness of studying in a regional location as foreign students will receive more points if they study at a regional educational institution.
The new regional visas will offer Gold Coast businesses an influx of skilled talent to fill roles that have been difficult to fill locally. If you are a temporary resident in Australia under 45 and have good English language skills and have relevant work experience, it is time to relocate to enjoy the sun and the sand on the beautiful Gold Coast.
Contact McLaughlins Lawyers now to find out if you are eligible to apply under the new regional visa programme.
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If you are owed a debt by a company and it is at least $2,000, a useful debt recovery mechanism to consider is a creditor’s statutory demand.
Here are some ‘need to know’ facts about statutory demands:
Formalities
It is important that the statutory demand complies with the relevant formalities including being signed, dated and including the prescribed notes.  Whilst it is a prescribed form under the Corporations Act 2001, you still need to include relevant details about the parties and the debt.   The debt amount must be at least $2,000 (the statutory minimum amount) and it must be for a debt and not a claim for damages.  This distinction is important.
A statutory demand should only be issued where there is:

no genuine dispute in relation to the debt; and
no offsetting claim that reduces the debt sought in the statutory demand to a sum less than $2,000.

It is sensible to have a lawyer draft the statutory demand to ensure it complies with the formalities, as it may be open to be set aside if it contains a significant defect. If your statutory demand is set aside by a Court, you may be liable to pay the debtor company’s legal costs.
Do I need to obtain judgment first?
You don’t.  Unlike a bankruptcy notice, you do no require a judgment debt to issue a statutory demand. However you do require an affidavit setting out the details of the debt which must be issued with the statutory demand, where no judgment debt exists.  The affidavit should be sworn on the same day the statutory demand is signed and dated.  A statutory demand based upon a judgment debt requires no supporting affidavit.
How do I give the statutory demand to the company?
The statutory demand needs to be properly served on the company by leaving it at or posting it to the company’s registered office or by personal service on a director of the company. Proof of the date of service is important.  An affidavit of service should be prepared shortly after service of the statutory demand.
What if the debtor company doesn’t pay?
If the debtor company does not pay the debt or enter into an arrangement with you to satisfy the debt within 21 days of the date of service of the statutory demand, the company will be deemed to be insolvent and you may bring an application to wind up the company in the Federal Court or Supreme Court.  A statutory demand should not be issued upon a clearly solvent company as it is not intended to be a debt recovery tool but rather a mechanism to wind up an insolvent company.
The Federal Court provides a useful checklist to consider when bringing a winding up application – click here.
The above is not intended to be an exhaustive list of everything you need to know about statutory demands, but rather, a useful starting point.  If you wish to issue a statutory demand or you are served with a statutory demand, we strongly recommend that you seek urgent legal advice.
If you require legal assistance please do not hesitate to contact McLaughlins Lawyers and speak to one of our highly-skilled lawyers today on 07 5591 5099.
 
Author: Matt Kollrepp
Director: Ian Kennedy
Date: 22 October 2019
The post Some handy tips about Statutory Demands appeared first on McLaughlins Lawyers.

The stone, the wand and the cloak.
We all would like the Philosopher’s Stone to capture immortality. The Pharaohs wanted it, religions are based on it and monuments and tombs attest to human longing for eternal life.
No one likes thinking about or discussing death especially their own. We are programmed to live as if tomorrow will always come so many people, including me, find discussing dealing with death and making a will very confronting. Most people tend to put it off as long as they dare.
WILLS
The Stone
The exception is where someone has been diagnosed with a terminal illness or if they are extremely old. This focusses attention on dealing with the future which may not be too far away.
When we hear bad news concerning our health or lose a friend or family member, we can’t ignore death and that is the best time to prepare for it. Planners usually end up better off so why not plan for the future.
It is important to remember that wills can last almost a lifetime- if someone lives to 118 and made a will as soon as they could as an adult being 18 years old in Australia then that will might last for 100 years.
So it is likely the people involved in drafting the will and certainly the testator, that is the person who signs the will and then dies, are no longer around to consult about what they really meant.
Where possible keep the will terms simple and logical and bear in mind that someone else must decipher its meaning. A bit like the tomb raiders deciphering the hieroglyphs in the pyramids or tombs.
My handwriting is indecipherable even to me 2 days after I write a note, let alone 100 years later. So wills need to be carefully drafted and carefully typed and proofread.
ENDURING POWERS OF ATTORNEY OR EPOA
The Wand
While you are still alive an enduring power of attorney (EPOA) can be like a wand, taking care of business that you no longer can.
If someone has an accident or stroke or dementia they may lose the capacity to look after their own affairs. If there is no EPOA the next of kin are usually asked to consent to medical procedures and health matters. However legal documents, banking and potentially the sale of a home to allow a person to move to higher level care are not possible unless there is a valid EPOA.
The family or interested persons must apply to the Queensland Civil and Administrative Tribunal (QCAT) to be appointed as an administrator of the person’s affairs. This process is rigorous and can be costly and time consuming when stress and difficulty is already present for that person and their family.
So tell your friends and family to come see Dianne Ball and Teresa Kearney to do an EPOA and a will to make it easier and cheaper for those closest to them who must look after things if they cannot.
SETTIFY – The Settify Wills link on our website makes it easier as you can fill in the interactive questions on line.
ESTATES
The Cloak
The cloak of invisibility is like the veil that people think separates us from those we love who have passed away.
Death is a shock, an affront to life and no matter how expected most of us can’t quite believe it when it happens.
So what to do?
3 things:

Call us, Dianne Ball and Teresa Kearney have over 60 years experience between us of dealing with deceased estates and understand how it all works and can help ease the burden.
Centrelink should be notified immediately because if pension payments keep going into the account once Centrelink find out about the death they immediately debit the account for overpayments. This can be distressing if the account has been used to pay funeral expenses and so may go into overdraft. If an election is coming up it is wise to notify the Australian Electoral Commission (AEC) to prevent a fine.
Death certificate application, check the funeral company are dealing with this.

Do not notify any banks straight away as they may freeze the deceased’s bank accounts and make it difficult to pay urgent bills.
In the month of October- Halloween month,  the Deathly Hallows remind you to protect yourself and your family – call Teresa Kearney or Dianne Ball on 07  5591 5099 for help.
 McLaughlins Lawyers, your experienced Gold Coast lawyers, we stand beside you to the end and beyond.
 
Author: Teresa Kearney
Director: Ian Kennedy
Date: 17 October 2019
The post Halloween Month – Remember The Deathly Hallows – Wills Enduring Powers of Attorney and Estates appeared first on McLaughlins Lawyers.

The window for employees on a temporary visa to gain immediate permanent residence through the 187 employer-sponsored visa will slam shut very soon. Employees on a temporary visa need to have arrangements in place by Wednesday, 23 October 2019 in order access the visa scheme before it closes forever on 16 November 2019.
The deadline of 23 October 2019 relates to the 21-day, specific job-advertising requirements for the 187 visa. If you have an employer in a regional area that is interested in sponsoring, speak with them now. In a matter of days it will be too late.
For employers, the benefits include keeping a valuable, committed employee contracted for at least two years from the date of 187 visa grant. Employers are not stuck however. If the employee does not perform or business needs change, the employer can make the position redundant or terminate the employee or resignation by agreement, as long as the employer complies with employment laws.
The beauty of the 187 visa is that occupation list is very long. The employee needs to have at least three years’ employment experience in the occupation and be under 45 at the time of visa application. The employment must be full-time and the absolute minimum salary is $53,900.
The employment must be in a regional location. This does not mean the employee needs to be based in the Outback or in the distant bush as most people expect. Regional postcodes close to southeast Queensland include:

the rapidly-developing Gold Coast suburbs of Carrara, Nerang and Pacific Pines
Gold Coast Hinterland
Tweed Heads and Northern NSW
Waterford and many postcodes between Brisbane and the Gold Coast
Most postcodes north of Brisbane and most of the Sunshine Coast

After the 187 visa closes on 16 November 2019, it will be more expensive and take much longer to obtain permanent residence through the new temporary visas replacing the 187 visa. Have the conversation with your boss today to see if you and employer want to book a consultation to find out more about the 187 visa.
If you would like advice on regional permanent residence visas, contact Sed Crest, principal of Crest Migration (07 5592 0164) and lawyer with McLaughlins Lawyers – your Gold Coast Lawyers. We Stand Beside You.

I had the honour of being invited to present at Bond University recently on my 25 year career in the law as a part of the student symposium. The students also heard from Barristers, Solicitors working in NGOs, academics and in-house counsel.
The key note presenter spoke about NewLaw and the positive role which “disruptive technology” will play into the future. The take-home for me from the presentation was that whilst clients and law firms will benefit from the technology of automated documents, the need for our colleagues to provide continued personal service will remain a necessity in our service delivery. Thank you to Bond University for providing such an insightful and interesting day.
At McLaughlins, we have on-line tools for Family Law and Succession Law accessible through our website as well as undertaking conveyancing in Queensland, New South Wales and Victoria through the on-line PEXA system. These systems assist in streamlining processes which benefit our clients by reducing the time lawyers engage on their matters, ultimately reducing costs. We adapt to make sure our client’s benefit and get the best service in their legal matter.
In the firm’s 61 years of  providing legal services to the Gold Coast and beyond, we have progressed from type-writers using carbon copy paper through to our paperless and on-line system.
Adaptability is the key.
“It is not the strongest of the species that survives, nor the most intelligent. It is the one that is most adaptable to change.” Charles Darwin
If you require legal assistance please do not hesitate to contact McLaughlins Lawyers and speak to one of our highly-skilled lawyers today.
 
Author: Sophie Pearson
Date: 3 October 2019

After receiving permanent residence or citizenship in Australia, some people want to bring their parents to Australia, particularly to help working parents raise children.
Until recently, the options were very limited. There is the 804 Aged Parent Onshore visa, but this is only available if the parent is at least 66 years old and is single, divorced or widowed. The visa is also capped to a limited number of places each year. This means the processing times are ludicrously long, more than 30 years. In some cases however, the processing time is not an issue as the parent will receive a bridging visa if they are inside Australia at the time of application. The bridging visa will allow them to remain in Australia until Home Affairs makes a decision on the visa application.
For younger parents and those are that are married or in a de facto relationship, there are faster, but more expensive options. These include the 173 Temporary Contributory Parent visa which is up to two year’s duration. Home Affairs charges about $30,000 to apply for this visa, but it does lead to a reduced application charge for the 143 Permanent Contributory visa. However, it is faster and cheaper overall to apply for the 143 Permanent Contributory visa directly. The application charge for this visa is about $48,000 and the processing time is about 3 years.
One problem some families have is that the contributory parent visas require the parent to satisfy the balance of family test. This means that the number of eligible children, irrespective of age, that are settled in Australia (including the sponsoring child) must be equal or more than the number of ineligible children that are living in any one country that is outside Australia.
Thankfully, in April this year, the federal government introduced the new 870 Sponsored Temporary Parent visa, which is available for single or partnered parents and does not require the parent to meet the balance of family test.
The 870 visa has two time periods: three years duration (application charge about $5,000) and five years (application charge about $10,000). The processing times for this new visa are not available yet, but are likely to be much, much faster than any of the other options.
While the 870 visa does not lead to permanent residence, it can allow families to reunite and support each other much faster and is a lower cost than the other options.
If you would like advice on parent visas, contact Sed Crest, principal of Crest Migration (07 5592 0164) and lawyer with McLaughlins Lawyers – your Gold Coast Lawyers. We Stand Beside You.

Recent ABC News reports detail the property developer Ralan Group’s collapse and indicate that some buyers could lose their deposits. How can that be?
In Queensland the law requires payments including deposits for off the plan apartments to be held in an agent’s or lawyer’s trust account until either party is entitled to the deposit. From the news reports it seems the buyers agreed to lend the deposits to the developer on high interest return to use for its purposes including construction. When the Ralan Group collapsed those buyers only have a right to claim the return of the deposits from the developer and, as the company has gone into administration, there are insufficient funds to pay creditors, so those buyers may receive nothing in return. If the building is complete, like the Ruby building on the Gold Coast, then the buyers may still have the opportunity to proceed with the purchase and obtain an investment property. However the intent of the law is to protect deposits.
When the property market is booming often the demand for new apartments exceeds the supply so to fill the demand off the plan sales were invented. The concept is simple – a special contract is prepared to buy an apartment not yet in existence but to be constructed on land. The law lagged behind the demand and the current legal framework for off the plan purchases is very complex. The contracts must include a large amount of disclosure and additional information and protections for purchasers which means the contracts with disclosure statements can be over 100 pages.
In Queensland off the plan sales are a popular method of selling apartments and this method has been successfully employed by many developers and happy investors. McLaughlins Lawyers have been involved acting for developers for the Paradise Centre, many high rise buildings and resorts to duplexes and low rise developments. In fact expert lawyers at McLaughlins have been part of the development of the law governing off the plan purchases for many years.
We also have acted and continue to act for many buyers of off the plan apartments. There are many benefits, like choosing your colour scheme and input into inclusions and that you get a brand new apartment as soon as it is complete and ready to settle. Also foreign buyers may be able to buy new apartments whereas established homes or 2nd hand apartments would not qualify for Foreign Investment Review Board “FIRB” approval. There are risks and we regularly advise buyers so they are fully informed. Our current property and commercial team have over 30 years experience and have helped buyers and sellers successfully negotiate the complex laws.
If a buyer from the Ralan Group came to us for advice our review of the contract documents could have discovered the risk and protected those buyers from loss.
If you have an off the plan contract and are concerned call Teresa Kearney for help. If you are looking at buying any property especially off the plan apartments and need advice or help concerning your property or commercial matter, or if you are a developer wanting to market and sell off the plan apartments please ask for Teresa Kearney, Senior Associate. 
 McLaughlins Lawyers, your experienced Gold Coast lawyers, we stand beside you.
 
Author: Teresa Kearney
Director: Ian Kennedy
Date: 20 September 2019

In a recent blog post Ian Kennedy, Director at McLaughlins Lawyers spoke about what community means to us at McLaughlins Lawyers.
Recently, Joelene Nel, a family lawyer at McLaughlins Lawyers competed in the River to Rooftop challenge, in support of Women’s Legal Services Queensland.
This event saw over 500 participants raise $120,000 to support women and children experiencing domestic violence. It involved climbing 55 flights, or 1,040 steps to the top of the iconic ONE ONE ONE Eagle Street skyscraper in Brisbane. Joelene’s teenage daughter teamed up with her in this challenge to help raise awareness and funds to ensure that women and children can reach a safer future. Not only that, but their 80s fashion trends helped them win best dressed!
The staff at McLaughlins Lawyers support the community and causes in many different ways, here are some of the great benefits of doing this:-

It raises awareness about causes that you are interested in and are close to your heart.
It creates joy by helping others who may be less fortunate and in need of support.
It gives you an opportunity to get others on board, either other staff in the office, family or friends, and work together to help the local community.
Money talks – raising funds for a great cause is always a positive feeling.
Pushes your boundaries – it makes you do something that you haven’t done before, like sleeping on concrete (McLaughlins Lawyers participated in the CEO Sleep Out) or climbing 1040 steps.

The next time you meet or speak with a staff member at McLaughlins Lawyers you can find out from them which community organisations they are involved in.
If you require legal assistance please do not hesitate to contact McLaughlins Lawyers and speak to one of our highly-skilled lawyers today.
 
Author: Joelene Nel
Director: Sophie Pearson
Date: 6 September 2019

Ever imagined buying a tropical island? Yes! So have I, along with Richard Branson, George Harrison and savvy billionaires, movie moguls and rock stars.
In Queensland it is easier than you think, well, perhaps not the whole island, but Hamilton Island properties are available for sale and you don’t have to go in for the difficult and inconvenient timeshare scenario.
When Hamilton Island was first developed by world champion water skier and entrepreneur Keith Williams, the Queensland Government granted his company Hamilton Island Enterprises Limited a Perpetual Crown lease over the whole island. That means the lease is in perpetuity, which goes forever with no expiry date.
The buildings, roads, airport and facilities are all under the Crown leasehold and the lease allows for subleases of parcels for luxury homes like George Harrison’s old holiday home beneath One Tree Hill and apartment buildings. The land for an apartment building is subleased to a company and buyers purchase a share in that company as well as a sub sublease of their apartment. Because of the Crown lease consents are required to all sales including from the Queensland Government minister.
So the right to stay and rent out an apartment is based on ownership of shares and a sub sublease of crown leasehold. Hamilton Island Enterprises Limited, currently controlled by the Oatley family of Wild Oats super maxi yachts fame, effectively runs the facilities and charges a management fee to the owners.
Sounds complicated and compared to a simple freehold house and land conveyance it is. But the good news is, over many years McLaughlins Lawyers and Teresa Kearney have been involved in developments and sales contracts for apartments all over the island and we are very familiar with the process and the island. The investment is recognised by financiers but the lending officers may need help explaining the process. Much like any other holiday homes, family can stay and in the end the rights can be gifted by will. Superannuation purchases are possible with good financial advice.
Other tropical islands like Magnetic Island, international resorts, hotels and crown leasehold properties are also part of our experience. If in an international resort like Hamilton Island and Sanctuary Cove, foreign buyers  can buy so the market to sell if you want out is larger than residential freehold investment.
We understand how it works and can ensure buyers and sellers have a trouble free transfer and can look forward to boasting of owning a tropical island (or part of one).
So if like me you have dreamed of owning a tropical island and you want to investigate buying or selling a luxury property or apartment or need advice or help concerning your property or commercial matter, please ask for Teresa Kearney, Senior Associate.  McLaughlins Lawyers, your experienced Gold Coast lawyers, we stand beside you.
 
Author: Teresa Kearney
Director: Ian Kennedy
Date: 3 September 2019

For the past five months the McLaughlins Lawyers mixed netball team has been competing fiercely in the Pool B Winter Season at the Gold Coast Indoor Sports Centre at Ashmore.
Over the course of the season our team grew in confidence and ability, with several team members that had no netball experience making astounding improvements each week.
Although we suffered several injuries throughout the season (the most notable being a dislocated finger), we maintained our consistent form and secured a spot in the grand final last Thursday night.
We played a strong grand final game, with Suzanne Falzon (C, GA) and Matt Kollrepp (GD) in particular starring in their positions, however unfortunately we came away runners up.
Overall, we had a fun season and enjoyed the chance to come together outside of the office setting and strengthen our ability to work as a team.
In addition to our excellent netball skills, we specialise in a number of areas including, Commercial and Business, Property Law, Conveyancing, Family Law, Insolvency and Bankruptcy, Litigation, Wills, Enduring Powers of Attorney, and Estate Administration.
If you require legal assistance please do not hesitate to contact McLaughlins Lawyers and speak to one of our highly-skilled lawyers today.
 
Author: Alex Hamlyn
Directors: Ian Kennedy and Sophie Pearson
Date: 28 August 2019

Some employers baulk at the costs of sponsoring an employee. For a permanent residence visa for an employer with turnover of more than $10 million, the employer will need to pay a one-off charge of $5,000 for each employee sponsored. For employers with turnover below the threshold the one-off training contribution charge is $3,000 for each employee sponsored.
The employee must agree to work for the employer for a period of at least two years under the direct entry stream of the 186 and 187 permanent residence employer-sponsored visas. With processing times for these visas up two years, this means the employee would have worked for a period of about four years in the business. For employers with lower turnover levels, this means a cost of only about $750 per sponsored employee each year.
The remoteness of some regional employers means that the partner of a sponsored employee often also works in the business. Here the costs fall to only $375 a year for each sponsored employee.
The costs to sponsor an employee on a visa or a temporary visa like the 482 visa, is $1,200 each year. This increases to $1,800 per year for employers with a turnover of more than $10 million. Employees on the medium-term stream occupation list have an eye on permanent residence in Australia. This avenue becomes available after the employee has worked in the position with the same employer for a period of three years. To apply for permanent residence the employee would need to agree to work for a further two years in the role. The processing time for this stream for the 186 and 187 visas is around a year to a year and a half. This brings the total employment period to around 6 and half years.
Recruiting and training new staff brings high costs, delays and can increase uncertainty in business processes. Retaining talented and highly-skilled staff in hard-to-fill roles is a key win for employers. It brings greater certainty in staffing challenges as well allowing for longer-term business planning. This business confidence and longer-term planning assurance certainly offsets the cost of $1,200 a year for most employers.
The federal government introduced the training contribution charge to be fed into the skilling Australians fund. This fund is ear-marked to boost the employability and skills of Australians, which further benefits employers that struggle to find key skills in the Australian job market.
For large employers the costs of the training contribution charge is less than the scheme it replaced around two years ago. Under the old scheme, employers needed to prove they had paid at least 1% of their turnover every year on training their Australian employees. For businesses with turnover of more than $10 million, the annual training cost was more than $10,000 each year.
Employers can also obtain a refund of the training contribution charge where the sponsored employee does not begin work with the sponsor. A refund is also available for the employer where the visa is refused on health or character grounds.
Finding, training and retaining skilled staff is the key challenge that almost all businesses in Australia face. Sponsoring talented employees on a visa can be a key tool to reduce staff turnover and lengthen business planning cycles.
For more information on the cost of sponsoring employees, or any migration queries, contact Sed Crest, principal of Crest Migration (07 5592 0164) and lawyer with McLaughlins Lawyers – your Gold Coast Lawyers. We Stand Beside You.

McLaughlins Lawyers has always been actively involved in the community it serves. From 1958 and during the 1960s Frank McLaughlin was president of the Surfers Paradise Chamber of Commerce, a Council Alderman, and President of the Gold Coast District Law Society.
McLaughlins continues to be an integral part of our community. Community is the centre of human society and the way we run our lives, whether it be school, sports clubs, artistic interests and entertainment, business groups or just groups of friends and family getting together.
McLaughlins commits to local initiatives, and support community projects or causes so that we can promote prosperity, equality and inclusion.
We provide access to justice through volunteering legal services and pro-bono assistance to organisations including Robina Community Legal Centre, Women’s Legal Service Queensland, RizeUp, Cancer Council and St. Vincents. We contribute to the legal profession by mentoring and supporting law students and young lawyers and providing guest lectures at Bond University and Southern Cross University. Our family lawyer, Joelene Nel is involved as a volunteer committee member on the Gold Coast District Law Association.
We support the growth and enjoyment of culture and the arts on the Gold Coast with our support of HOTA as a corporate partner, and our support of Friends of the Arts Foundation and Friends of the Arts Gift Fund with Ian Kennedy holding the role of President. Geoff Smith sits on the board of Gold Coast Eisteddfod a position he has held for over 10 years. The Gold Coast Eisteddfod is now the largest and longest running Eisteddfod in Australia.
McLaughlins also supports local community Sport through its Membership in Sports Gold Coast and providing legal support on a pro bono basis. McLaughlins has played an integral part in Sports Gold Coast Football Project assisting with the incorporation and drafting all legal documents associated with the National Premier League Club Gold Coast United. This is the only Football Club on the Gold Coast which holds a Men’s and Women’s NPL Licence and one of only four in Queensland. Through Sports Gold Coast McLaughlins have also supported Women’s 7s Rugby, Cricket and the Gold Coast Sports Star Awards. McLaughlins also supports the Gold Coast Sporting Hall of Fame.
Lawyer Alexandra Hamlyn in our litigation team is training with the Gold Coast Suns AFLW team and hopes to secure a permanent position in the next few years.
We support Gold Coast business and innovation through our partnership with the Gold Coast Innovation Hub at Robina. The Hub will generate millions of dollars in business activity in the coming years with the support of start-up companies and innovation. McLaughlins also has an involvement in the Southport Chamber of Commerce of which Ian Kennedy is President and Geoff Smith also sits on the Board of Connecting Southern Gold Coast Ltd established by the City of Gold Coast.
McLaughlins is Standing Beside You in your community and with that support we hope you grow and prosper. For any information about our community initiatives please contact one of the friendly lawyers at McLaughlins Lawyers – your Gold Coast Lawyers – We Stand Beside You.
 
Author: Ian Kennedy
Date: 5 August 2019

McLaughlins Lawyers is assisting a small group of entrepreneurs in the development and promotion of Esport in the City of Gold Coast.
E-Sport has been a growing phenomenon globally. Participants are principally under 25-year-old males. ESport is either a mystery or concern to older generations.
Is it a Sport? Yes, according to the Olympic and Asian Games committees.
Can we ignore it and hope it is a passing fad? No.
Some Sport Commentators predict that there will be three truly world games in the future:

Football;
Basketball; and
ESport.

Australia is 7 years behind the US and 10 years behind Korea and Japan in Esport.
Tournaments around the world attract up to 80,000+ attendees to stadiums to watch two teams compete on the stage with huge screens. The Media this week widely reported on a recent world championship in the popular game of Fortnite where the winners in their early 20s became instant millionaires.
The top world Esport players have a significant following and are paid over $1 million to play in tournaments or on Teams.
What games do E-sporters play?
This is another fascinating aspect of Esport.
There is a huge range of games from the popular League of Legends and Fortnite to the traditional online football and basketball games. An E-league football final usually attracts more viewers than a televised A league grand final.
E-sport Tournaments attract tens of thousands of tourists to a city; local teams can promote the Gold Coast on the world cyber stage with millions of viewers and universities and schools can use Esport to attract the brightest students and future publishers of games.
There are cities around the globe developing E-sports facilities in order to build and support a high-tech industry similar to Silicon Valley.
Clients wishing to understand more about E-Sport and its opportunities can contact Special Counsel Geoff Smith of McLaughlins Lawyers on (07) 5591 5099 – Your Gold Coast Lawyers – We Stand Beside You.

The majority of sporting clubs or community groups on formation usually adopt the Model Rules provided in the regulations under the Associations Corporation Act (Qld). This is done out of the necessity to create a legal entity to conduct the club operations as cost-effectively as possible.
Although this is understandable, founding members and current members of Associations need to carefully consider the legal implications and long-term consequences of using such an entity or its rules which should be renewed regularly.
Incorporated Associations while simple and cost-effective for clubs and associations with small memberships and limited activities may not be suitable for fast growing dynamic sports groups.
The key issues that need to be addressed from time to time are the liability of directors/members and voting rights for members passing important resolutions without the need for an expensive and time-consuming general meeting of all members.
Typically sporting and community clubs are run by a dedicated strong board who volunteer huge amounts of time into the development, support promotion of their club.
Their activities and vision can be thwarted by having other members in the Club who, although they do not contribute anything, still have the right to vote on a particular course of action. This can be divisive and can paralyse the functioning of a club and its growth.
To reduce liability and ensure sustainability sports bodies need to consider converting to or establishing a not-for-profit Company limited by guarantee. Peak bodies such as Football Queensland are recommending clubs convert to this structure which has major advantages over an Incorporated Association
McLaughlins Lawyers have assisted various sports and other community groups in drafting their constitutions and advising on their legal structure over its 60 year history.
Contact us now to find out how the approachable and experienced team at McLaughlins Lawyers can review a Sports or Community Club constitution and provide advice on how it could or should be re-structured or amended to achieve future growth and success for the Club.
For further information please contact Geoff Smith, Special Counsel at Mclaughlins Lawyers, or Alex Hamlyn a Solicitor who deals with Sports Law on (07) 5591 5011.
 
Author: Geoff Smith
Director: Ian Kennedy
Date: 19 July 2019

Most often when we are looking for recommendations for services we will ask a friend. It might be we are looking for a plumber, a mortgage broker or a lawyer.
This can quite often result in the perfect choice for you and a service that’s done well and at a good price.
However, when it comes to dealing with legal matters, and in particular those that are emotional and potentially complex, finding the right lawyer is important so that you can create a relationship with them where you are comfortable and can trust them.
So whilst the lawyer that your friend has suggested might have been perfect for them, they may not be the right fit for you.
Here are 5 topics that you may want to think about and make sure your lawyer ticks the boxes for:

Price

This is always one of the first and most important questions people ask and a lawyer should address.
 Whilst on the face of it some lawyers may seem to offer cheaper deals, you need to understand whether that cost includes all the work that you need done and whether there are any extras.
Irrespective of which lawyer you choose, they should be able to clearly explain to you and you should understand the basis on which they are charging and the estimated fees that you might have to pay for your particular matter.

Area of law

Some lawyers have a general practice where they might deal in a number of different areas of law. For example, they might do wills as well as criminal matters and family law matters. If you have a matter that is complex or you would prefer somebody that practices in one area of law, you should make enquiries with a lawyer who has the skills and knowledge to deal with your matter.
It might be that your matter has a cross over into various areas of law. For example, if you have a family law settlement you may also need a law firm that can help with the transfer of a property into your name or commercial lawyer who will prepare a trust deed. You should make those enquiries with your lawyer.

Availability

Understanding when your lawyer will and will not be available is important for both of you.
If your lawyer is a sole practitioner then you will need to find out who will be dealing with your matter when they go on leave.  If there is a team of lawyers dealing with your matter you will need to understand which lawyer is dealing with which aspect of your matter.
Whilst technology can make communication much easier, you should establish if your lawyer will be available to deal with your matter after hours and on weekends and if they do, whether there’s an extra cost for that.

Expertise

Generally once your friend has made a recommendation most parties will jump online and google that lawyer to find out what their experience is. Understanding their background and their skills may be helpful to you in choosing your lawyer. If in doubt, you should be able to call up the lawyer who you thinking about using and have a talk with them about your questions before agreeing to use them.
Some lawyers may have other unique or extra training eg, training as a mediator or being an accredited specialist. For example: I have previously practiced as a family lawyer in South Africa, so have the benefit of understanding how family law works in South Africa and am able to explain similarities and differences between South African law and Australian law for any South African clients who instruct me.

Friendliness

Yes lawyers should be friendly. Gone are the days when lawyers are viewed as someone to be scared of; you shouldn’t be nervous about meeting or talking with your lawyer. You should feel comfortable with your lawyer and you should be able to communicate openly and honestly with them so that the work that you do with them can lead to a positive outcome and good experience in dealing with your legal matter.
Feeling comfortable with your choice of lawyer is important
Joelene Nel is a Senior Associate Family Lawyer at McLaughlins Lawyers. She is also a Nationally Accredited Mediator and Family Dispute Resolution Practitioner.
For trusted legal advice about family law or any other legal matters we invite you to contact the friendly team at McLaughlins Lawyers on (07) 5591 5099.
 
Author: Joelene Nel
Director: Sophie Pearson
Date: 15 July 2019

McLaughlins Lawyers has recently registered with PEXA (Property Exchange Australia) which is a national property exchange network that facilitates electronic conveyancing.
PEXA replaces the traditional paper based system of conveyancing and in turn, negates the need for a physical settlement whereby parties hand over documents and cheques in person.
It allows all parties including lawyers, conveyancers and financial institutions to lodge documents and complete the settlement transaction online.
What does PEXA mean for you? There are a number of benefits, including:

Convenience – you will no longer be required to execute original paper transfer documents as all documents can be digitally signed.
Faster access to proceeds of sale – payment is electronically transferred at the Reserve Bank level, so you will no longer need to wait 2 – 3 business days for cheques to clear. This also allows real estate agents access to their commission funds on the afternoon of settlement.
On time settlements – all documents are validated prior to settlement ensuring certainty and reducing the risk of delayed settlement (in the event one party is not satisfied with a document).
Immediate ownership – purchasers of property are registered at the Land Registry within minutes of settlement taking place, which significantly reduces the paper transaction timeframe for registration (currently 2 – 6 weeks). In particular, this will greatly benefit purchasers/developers who require confirmation of ownership to allow their builders to commence construction works.
Simultaneous and interstate settlements – PEXA allows for a simultaneous sale and purchase to take place across two different states, and even allows up to 10 settlements to be linked. If you are considering a move interstate, PEXA will ensure the transaction is smooth and seamless.

The introduction of PEXA also allows us to assist with property settlements in Queensland, New South Wales and Victoria (previously we could only act in relation to property settlements in Queensland due to the different systems between states).
If you require our assistance to guide you through the process of purchasing or selling property please do not hesitate to contact McLaughlins Lawyers and speak to one of our highly-skilled lawyers today.
 
Author: Alex Hamlyn and Cassie Ross
Directors: Ian Kennedy and Sophie Pearson
Date: 10 July 2019