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family report lawyers

Everything You Need to Know About Family Reports

By | Articles, Family Law

When you and the other parent of your child or children, cannot reach an agreement on the living arrangements for your children after separation, and you have exhausted all avenues of dispute resolution, as a place of last resort, litigation can be commenced.

How though, when a Court is faced with two parents, with different views on what is best for their child or children and different perspectives on the history of their parenting relationship, is a Judge to sift through these different perspectives and make a decision in the best interests of the children?

A Judge does not meet your child.  They know them only as a name and as they are described by their parents.  This is where a Family Report comes into play.

Arguably the Family Report Writer is the second most powerful person in your parenting proceedings after the Judge.  Why is this so?

  • They are typically the only person who will meet both the parents and the child or children outside of the court room. They have the opportunity to interact with the children and observe them with their parents and significant others.  The observation aspect of the Family Report is more often than not more impactful than the interviews.
  • They are independent. Whilst appointed by a Court or the parties (if they are funding a private Family Report), they are independent in so far as they have no vested interest in your outcome.
  • They are experts in social sciences including psychology or psychiatry in some cases. They apply different knowledge bases and influences to assist the Court, rather than the lawyers speaking of things through a legal prism.

Family Reports can be undertaken prior to any litigation processes, as a further step along the way to resolving matters by agreement.  Even though not Court appointed in that event, the report will still hold significant weight by the Judge.

So, what is this seemingly all-powerful document called a Family Report?

It is a report prepared after interviews and observations which comments on the child’s views, wishes, experiences and family dynamics.  It then ties all of those matters together and makes recommendations.  Relevant family dynamics that may be explored include:

  • Parenting capacity or incapacity.
  • Domestic and family violence.
  • Drug or alcohol use or abuse.
  • Mental health or emotional health functioning and irregularities.
  • The child’s views and wishes (subject to their age and maturity level).
  • Special needs of the child or children.
  • The extended family dynamics including grandparents, aunts and uncles, new partners, siblings, stepsiblings, or half-siblings; and
  • Relevant cultural considerations for families of indigenous origins or other foreign cultures.

Whilst very important, it is oft quoted in the Family Law Courts, “Family Report Writer’s don’t make Orders, I make Orders” or such other variation of that decree.  They are simply a piece of evidence that is assessed along with all other evidence that is accepted by the Court.

Given the significance of a Family Report, it is important to prepare for your interviews appropriately.  Some things to remember:

  1. You will be assumed to be on your best behaviour, so you don’t have to put on any more of a front than you are.
  2. Dress respectfully and speak with the Family Report Writer respectfully and professionally. They are just doing their job.  Remember that anything you say can be reported verbatim to the Court.  A memorable quote from a Family Report that I saw some years ago, which made its way into the final judgement “You can tell Judge X that I don’t care what he says he is (insert many expletives here), I am doing what I want for Child X”.  Needless to say, that litigant was not viewed in a particularly favourable light.
  3. Be mindful that it is not just what is said during your direct interview that can be included in the report. Your interactions in waiting rooms with the staff of the Writer, with your ex and their new partner or family and with your children are all likely to be being observed and form part of the Writer’s assessment of you.
  4. Do not use the interview process as an opportunity to dig a thousand knives into your ex. Behaviour such as domestic violence, drug use or poor decisions are likely to be raised by the Family Report Writer and you will have an opportunity to address those concerns at that time.
  5. Be positive about the other parent. It astounds me the number of litigants who think that it is important to say all the bad stuff in order to “win”.  It is quite the converse.  Showing that you can see the good in the other parent and speak of them with kindness when it comes to their role in your children’s lives and how that is a positive for your children will produce a fair more accurate report.  The reality is the cases that a parent has NOTHING to offer to a child are extremely rare indeed.
  6. Do not be someone you are not. Be honest and candid.  Accept when you may have done things wrong, you are human and there are no perfect parents.
  7. You do not have to present them with “evidence” to support your case. It is likely that they will have or will eventually, read the court documents but as noted above, it is likely their observations and interactions with you and with your children will be more important to a social scientist.
  8. Do not coach your children about what to do and say during the interviews. There are age appropriate resources available via the Family Court Website to assist in what to say to children and how to say it.  Coaching will be patently obvious to an experienced Family Report Writer.

Where time permits, it is important to prepare for your Family Report interviews.  An experienced and expert Family Lawyer will be able to speak with you openly and honestly about their concerns for how you may present during the interviews and how to best combat any worrisome behaviour.

 

family law social media

Communication Extremes, Social Media Campaigns and Family Law Proceedings

By | Articles, Family Law

How being involved in extreme social media campaigns can affect the Court’s perception of a parent’s insight and child focus.

Judge Neville of the Federal Circuit Court of Australia in Caddell & Taggard [2020] FCCA 872 (published 1 June 2020) coined a number of colloquial phrases from popular culture and history in a recent judgement regarding the living arrangements for a three-year-old girl.  From Sherlock Holmes to Chief Justice Gleeson of the High Court of Australia to describing the Father as a “sitting duck”, Judge Neville sought to assist a self-represented litigant to understand how his conduct, perceived by him as genuine and non-aggressive, was actually damaging and harmful to his relationship with his daughter.

The Father’s “zeal” in the presentation of his evidence was considered so alarming by Judge Neville that he cautioned the Father that he was considering proceeding with the matter on a “show cause basis” meaning that the Father would need to show very good reason why the Court ought not make the Orders sought by the Mother. Not shielding the Mother and her legal representatives, nor the ICL from scrutiny, the Court identified that it could have been more assisted by the ICL undertaking a more careful examination of the mother’s evidence and adopting a “less is more” approach to the cross examination of the Father.  The Court noted that when it came to the Father’s cross examination, when a nail has been “hammered into the floor, it serves little purpose other than to inflict needless damage to drive it through the floor”.

The Father was described as a self-represented litigant who was flailing and raging against an array of forces, he perceived to be marshalled against him (it was all a conspiracy according to the Father).  That is what everyone “saw” according to Judge Neville.  But he suggested that the legal representatives ought to have “observed” that there were many other forces at work, including the Father not being able to seek how significant and damaging his conduct was.  The persistent and unrelenting cross examination of the Mother’s advocate was sought to be put to an end by the Court wherein the advocate indicated she had a right to put her client’s case forward in the time that was allocated.  This was considered not appropriate by His Honour.  Confirming what most experienced family law advocates know, His Honour indicated that when he tells an advocate that the utility of proceeding with cross-examination is unnecessary or unhelpful, it was clear guidance that nothing further was required to assist their client’s case.

The Father urged the Court to consider his conduct arising because he was “frustrated” and “annoyed” but not “angry”. The Court did not find favour with this distinction, finding often that the Father was not only angry, but “infuriated”.

The Father could not see that the prolific messages to the Mother (38 on one occasion alone to ask for more time) were more than “extreme” to the Mother. When further incidents of concerning behaviors were put to the Father, he repeated his mantra that he was not “angry” just “frustrated”.

It was the Father’s social media that were his own undoing.  His posts were very candid and public including on various Father’s Rights group pages and the Father’s Rights group he, himself ran.

Judge Neville stated specifically “Lest it not be clear, I regard the Father’s social medial posts to be extremely concerning in every relevant respect”. The Court considered that his social media posts to various “Fathers Groups” clearly presented the Father as he “unashamedly” saw himself, a “crusader” for the rights of oppressed Fathers, that he was their “champion” and someone who would go to any length to ensure that his rights as a Father were not stopped or thwarted by the Mother or anyone else.

After making Orders for the Mother to have sole parental responsibility for the child and a graduated time regime, the Court implored the Father to genuinely seek assistance about how to curb his impulsive and obsessive behaviour, curb his social media posts and to seek advice from experienced lawyers not online in the forums of “aggrieved personalities”

In a Court of impression, how you conduct yourself both inside and more importantly outside of the Court building is of utmost importance.  Guidance from experienced Family Law practitioners, who can speak about who a particular course of action may be perceived is invaluable to achieving an outcome which is in the best interests of your children. Before you post remember – Is it necessary? And when in doubt do not post!

Contact OMB Solicitors Family Law on 55550000 to have a free and confidential discussion about your parenting matter or any family law dispute, we pull no punches and will give you honest and strategic advice.

Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020

Breaking News: Retail Shop Leases and Other Commercial Leases (COVID-19) Regulation

By | Articles, Property Law

BREAKING NEWS: New Regulation Just Released

The Queensland Government has released the regulations to accompany the Legislation which was enacted on 23 April 2020 dealing with retail and other commercial leases and the Covid-19 pandemic.

Unfortunately, the entire process has taken some considerable time from when the Prime Minister and the National Cabinet initially announced the mandatory code. Then came the Covid-19 Emergency Response Act 2020 on 23 April 2020 and finally, The Retail Shop Leases and other Commercial Leases (Covid-19 Emergency Response) Regulation 2020 on 28 May 2020.

Finally, the regulation provides certainty and clarity as to many of the details surrounding the relationship between commercial Landlords and Tenants in what has turned out to be one of the most contentious areas for businesses and investors alike during the Covid-19 pandemic.

What are those details:

  1. To be eligible you must either have a Retail Shop Lease or a Lease of a premises which is wholly or predominantly used for carrying on a business.
  1. You must be a small to medium enterprise – generally a business with an annual turnover of less than $50,000,000.00.
  1. The Lessee must be an entity that is responsible for employing staff and is eligible for the Job Keeper Scheme.

In those circumstances the regulations apply, and a Landlord is not entitled to take any of the prescribed actions. Those include, taking recovery of possession, terminating the lease, eviction the Lessee, exercising rights to re-enter the premises, seizure of property, forfeiture, damages, seeking payment of interest or a fee related to unpaid rent, claiming on a Bank Guarantee or security deposit, seeking performance under a Guarantee or exercising a right under the lease relating to the lease premises.  These actions are prohibited where a Tenant has failed to pay rent, outgoings or is not open for business during the “response period”.

The “response period” is defined as commencing on 29 March 2020 and ending 30 September 2020. There had previously been some discussion if the legislation would apply retrospectively or would only apply from 23 April 2020.

In circumstances where there is a genuine attempt by a Landlord to negotiate rent, but the Lessee substantially fails to comply with their obligations under the lease or the grounds under which the Landlord takes action are not related to the effects of Covid-19 the Landlord will not be prevented from taking these courses of action.

The parties are required to negotiate rent and other conditions in good faith. The lessee will usually request a reduction in writing from the Landlord to begin those negotiations. This should include true and accurate information to enable the parties to negotiate a fair settlement. This includes provision of accurate financial information or statements about the turnover of the Lessees business.

Within 30 days of receiving such a request the Lessor must offer a reduction in rental in accordance with the regulations, this will include at least 50% of the rental reduction to be in the form of a Rental Waiver.

The reduction in rental and conditions relating to any reduction can be given effect by way of either a Variation of Lease or another agreement between the parties. The regulations provide for a further rent negotiation provision where one party may ask the other to renegotiate if there is a material change of the grounds upon which the agreement between the parties was based.

In relation to any portion of the reduction given by way of deferred rental, that deferred rental will be repayable using a method agreed between the parties over a period of at least 2 years but no longer than 3 years. The Landlord can continue to hold any security deposit until that deferred rental has been repaid.

Specific provision has been made for extending a lease and a Lessor must offer a Tenant an extension (on the same terms and conditions) for the period of the rental waiver or deferral. For example, if a rental waiver or deferral lasted for 6 months then the Landlord must offer to extend the Lease of the Tenant for a period of 6 months on the same terms and conditions, subject to the remaining clauses of the regulations.

This is only a brief outline of the regulations which are quite detailed, and we recommend you contact OMB’s Property Law Team to assist with all leasing matters.

 

Elisha Hodgson gold coast lawyers

Amendment to Financial Arrangements for Bodies Corporate Passed

By | Body Corporate, Videos

In this video, Associate, Elisha Hodgson discusses the impact of the Justice and Other Legislation (COVID-19 Emergency Response) Amendment Bill which relates to levy recovery.

The legislation received assent on 25 May 2020 and amends the Body Corporate and Community Management Act

The purpose of the legislative changes is to alleviate the financial burden caused by the COVID-19 Emergency on bodies corporate and owners of lots included in the schemes.

Parenting Dispute

What Not to Do in a Parenting Dispute

By | Articles, Family Law

Whilst there is no one fits all strategy in a parenting dispute, there are some pretty safe rules or tips I give my clients when advising them on how to ensure their outcome – negotiated (preferably) or litigated – is something that reflects the best interests of the children. 

So, here’s my parenting matters “do not do” list:

  1. Don’t trash talk the other parentChildren exposed to negative views of their parents will often feel pressure to take sides. Even if you are in another room and you think they can’t hear, think again because kids often enjoy a sneaky listen to adult conversations.  Perhaps have another channel of stress relief rather than a good old “bitch” session.
  1. Don’t make your kids feel sad for you, intentionally or otherwiseThis isn’t even direct acts of seeking sympathy it can include unintentional or subconscious behaviour such as:
    • Crying in front of the kids
    • Telling them that their mum or dad is taking them to Court
    • Saying how sad you are about the relationship being over or about having to sell the house or move out.
  1. Don’t refuse to communicate with the other parentYour kids need to see you and their other parent getting along. The Court also takes a dim view of parents that intentionally refuse to communicate, as this may cause concern that you cannot promote the relationship between the child and the other parent.  You don’t need to be best friends, just be child focussed and polite.
  1. Don’t withhold time unless there are absolutely necessary reasons for doing soThe situations within which withholding time may be considered reasonable can include:
    • Violence towards the parent or child
    • Drug and alcohol abuse
    • Risk of sexual abuse
    • Emotional abuse, including the “trash” talk referred to above (but this would have to be extreme.
  1. Don’t make up “mud” and sling it just to try to get an advantageAllegations of abuse of drugs and alcohol will be monitored with appropriate testing, such that if there is or has been no problems, this will soon be found out.  Likewise, if you do have a problem and lie about it, this too will be found it.  Truth always is the best option.
  1. Don’t split up the kids, unless there are developmental or other reasons for doing soKeeping sibling units together is of most importance, however sometimes with massive age differences (say 7 years and a 6mth baby) there will need to be arrangements put in place that are appropriate for each of their developmental needs.
  1. Don’t think you know it all and don’t have to prepare for court appointed interviews or reportsThis preparation DOES NOT involve telling the children what to say or how to act.  What it means is that you need to consult with your lawyer about what the process will involve, the types of questions that may be asked and how to critically think about your behaviour and reflect on it appropriately.
  1. Don’t engage in behaviour that will see your kids play you and their other parent off against each otherYes, children will test your boundaries, but each parent needs to adopt a consistent enough approach to rules and structure.  Absence of this will encourage them to test the boundaries in both households, seizing the opportunity to gain an advantage by making either or both parents feel guilty.
  1. Don’t involve the kids in their parent’s arguments, show them court documents or tell them about the “judge” making them do things etc.You are your child’s hero and information provided in family law proceedings is just not information your child needs to know.  This may have the effect of negatively impacting their view of their other parent, who, whilst you do not like too much right now, is still their hero.
  1. Don’t talk about “your” rights instead of focusing on the best interests of your children, even when those interests do not align with what you “want

Parents do not have rights when it comes to children. The Family Law Act makes no provision for this. Children have rights.  Deeply entrenched parental conflict can result in parent’s forgetting this. Before you make a decision to take a step or engage in conduct, stop and think about why you are doing this and how or whether it is in the best interests of your children. If it is not, then simply, do not do it.

Taking the time to consider the above will hopefully assist you in moving your parenting matter forward in the best interests of your children. OMB Solicitors family law Partner Abbi Golightly is an Accredited Specialist in Family Law and a recommended Family Lawyer for complex parenting disputes by the Doyles Guide. Using these skills and knowledge we will guide you through your parenting matter with the best interests of your children as the paramount concern. Contact us on 07 5555 0000 for your free initial consultation.

The Covid-19 List

The Covid-19 List: How to have Your Matter Listed Urgently During the Covid-19 Pandemic

By | Articles, Family Law

The latest practice direction from the Family Law Courts (the Family Court of Australia and the Federal Circuit Court of Australia) provides the “how, what, when and where” of the new Covid-19 List established to assist separated families in the Covid-19 Pandemic.

The full practice direction can be found here.

The Court has set out the criteria for inclusion on the specialist list as follows:

  1. The application must be necessitated as a direct result of the pandemic;
  2. The matter must be urgent
  3. The application must be supported by Affidavit which addresses the mandatory criteria as follows:
    1. Why it is urgent
    2. How the dispute is as a direct result of Covid-19
    3. Details of current allegations of risk (such as abuse or family violence)
    4. Details of the reasonable attempts to resolve the matter by negotiation
    5. Details of how the proposed Respondent(s) can be provided with the court documents including a current email address
    6. If possible, provide (even by way of photos) a copy of the current orders, parenting plans and family violence orders
  4. If safe to do so, you must have attempted reasonably, to resolve the dispute;
  5. The matter must be capable of being dealt with by electronic means

The list will be managed by the Chief Justice of the Family Court and Chief Judge of the Federal Circuit Court and will be present in each registry of the Court. Registrars will assess urgency, as is the normal procedure and “triage” them to the COVID-19 List Judge.

In a measure designed to ensure that truly urgent applications are dealt with urgently, the direction is that must be listed within three (3) business days or less if critically urgent.

If found to not meet the criteria for the COVID-19 List, then the matter will be allocated in the usual course of events to a docket Judge in the relevant registry.

As the list will be managed nationally and electronically, your appearance could be before any Judge in any registry around Australia. The Court will however ONLY be dealing with the discrete Covid-19 application and putting in place arrangements to deal with those specific issues.

In order to assist litigants in person particularly, the Practice Direction identifies some example scenarios as to what matters may fit into the Covid-19 List:

  1. Where the current orders are for supervised time and the relevant centre or provider is unable to supervise as a result of their closure or government requirements
  2. Where border restrictions result in the inability for parents and children to travel between homes
  3. Where parents or children have tested positive for Covid-19 or cannot fulfil their parenting obligations as a result of concerns of infection
  4. Where the risk of family violence has increased as a result of the restrictions on movement imposed by the government during the pandemic.

Gold Coast Lawyers at OMB Solicitors can assist urgently with preparation and filing of an Application for inclusion in the Covid-19 List. We have in place all necessary technologies to ensure we can meet with you electronically and attend to filing of material swiftly, such that your parenting arrangements can be managed appropriately during the current global environment.

Contact Abbi Golightly, our Partner and Accredited Specialist in Family Law on 07 5555 0000 for an urgent free initial consultation.

Body Corporate Levy

How to Respond to Lot Owner Questions about Levies

By | Articles, Body Corporate

Can the body corporate change the levies?

While a committee is responsible for day-to-day management of the body corporate (within its expenditure limits), the legislation does not allow a committee to change the budgets set by lot owners at an annual general meeting.

Can we adjust the budgets?

A body corporate can approve the adjustment of its budgets for the administrative and sinking funds at a general meeting. The committee is responsible for preparing the draft budget and will need to act reasonably in considering the nature and extent of any budget adjustments.

What does the body corporate need to consider?

If lot owners are struggling to pay their levies in accordance with the contribution notice issued by the Body Corporate, then the Committee can address the specific concerns of the individual lot owner on a case by case basis.

It is also important to consider the specific needs of your own body corporate (ie, does it have a small or large number of lots; does it have a paid caretaker; does it a high rise or a town house complex ect).

One size does not fit all!

Some bodies corporate have entered into long-term maintenance and service agreements prior to the COVID-19 crisis that requires them to pay a fixed amount each month for a caretaker or service provider to look after all the common property. That includes areas that are not restricted from use, like foyers, lifts, gardens and grounds.

Committees should work with their body corporate managers and other strata industry professionals to appropriately identify and weigh up the extent of any costs which may be variable or possible to renegotiate before committing to any change to their budgets.

There can be serious adverse legal consequences for bodies corporate if they breach these agreements.

What if lot owners cannot pay their levies?

If lot owners do not pay levies, they may lose discounts given to those who make timely payments. They may be liable for penalty interest of up to 2.5% per calendar month (30% per annum) and reasonably incurred recovery costs, which can include administration and legal costs. These additional costs and interest can seriously exacerbate the financial impact of unpaid levies on lot owners.

A body corporate committee may (without calling the general meeting) decide on a case by case basis to reinstate lost discounts, waive penalty interest and/or agree to a payment plan with a lot owner.

What can a lot owner do?

  • A lot owner should inform the body corporate committee early if they are having financial hardship in trying to pay levies – rather than letting your levies fall into arrears, incurring interest and recovery costs.
  • Speak to your bank, loan institution, accountant, lawyer or other advisor to help you pay your levies.
covid family law

Family Law and COVID-19. Your Questions Answered

By | Articles, Family Law

Confusion, concern and worry about your Family Law issues in these Covid-19 pandemic times is understandable.  Abbi Golightly an accredited specialist in Family Law and partner at OMB Solicitors offers some guidance with her COVID Q & A.

Are the Court’s still open?

Yes, however procedures have been put in place conducting hearings mostly by telephone or video conferencing. 

Will my court date still go ahead?

Yes, in the majority they will proceed although some matters which are considered “not urgent” will be adjourned to a future date, to allow urgent matters to be dealt with. 

What do I do if I feel concerned for my safety?

If you are in immediate danger, call 000.  The Court is prioritising urgent matters concerning the safety of children, dealing with them via telephone or video conference. 

I am isolating – do I have to physically go to Court?

Generally speaking, no. The Court has implemented a new “Face-to-face in-court Protocol” to ensure that social distancing requirements are strictly followed.  Contact a Family Lawyer to discuss the specifics of these protocols. 

My matter had an appointment for an interview to get a report, how will this work?

The Court will contact you to make arrangements.  Adults will be contacted by phone or video.  If children need to be interviewed, an assessment will happen about how that will occur.  If those interviews have to occur face-to-face, then the interviews will follow the required protocol. 

How might COVID-19 impact my parenting arrangements?

The court is aware that strict compliance with parenting orders may not be possible and in fact may be impossible.  The best option is to try to reach an agreement with the other parent and failing that contact a specialist family lawyer for advice.  In the highly unusual circumstances, which Australian families now face, there may be situations that make compliance very difficult.  The Court expects parents to continue to act in the best interests of the children and act reasonably.

How can I change my parenting agreement or order?

  • Communicate with the other parent and if agreed, it should be documented in writing, even by text message. 
  • Get help to reach an agreement.  Contact a Family Relationships Centre, or your family lawyer who can help you by phone, video call or other contactless means. 

If you need any further information, please do not hesitate to contact our Gold Coast lawyers for a free, initial consultation.

COVID-19 - Closing of Common Property Facilities

COVID-19 – Closing of Common Property Facilities

By | Articles, Body Corporate

A number of lot owners have been asking “are my levies going to be reduced/discounted if the committee closes the gym”?

This question stems from the Government’s decision to close the use of recreation facilities in the public.

So what about a body corporate?

This article focuses on the operation of common property facilities during this Pandemic – that is, pools, gyms, BBQ facilities and surrounding areas.

Government Regulations and Restrictions

Common property facilities are technically considered part of the private property of a body corporate.

The Government imposed regulations and restrictions for public use pools, gyms and other facilities, have recently been amended to apply to bodies corporate and its facilities.

These restrictions are in addition to the Government rules relating to social distancing and prevention of spreading COVID-19. These rules apply to everyone and every household, apartment and in turn, your body corporate.

So what facilities must the body corporate close and are there any facilities or common property that a body corporate may keep open, subject to social distancing?

Regulation of Common Property Facilities in COVID-19 Pandemic

The starting point is that bodies corporate (and its owners and occupiers) should ensure they are each doing their bit to comply with the Government imposed regulations and restrictions to prevent the spread of the virus.

The decision to keep open or close areas of common property requires consideration of many factors.

Queensland Health has published (on 31 March 2020) an extensive list of non-essential business, activity and undertakings that must be closed.

A link to that direction is here.

A number of activities, which are considered facilities within bodies corporate, are now included in this list. We outline the main common property facilities that must be closed below:

  1. Swimming pools;
  2. Spas;
  3. Barbeques;
  4. Recreation rooms;
  5. Gyms (indoor and outdoor); and
  6. Saunas.

Regarding any other social sporting-based activities, these may still operate but that is limited to two (2) people with social distancing observed.

An example of this would be a common property tennis court.

If there are other facilities that are not required to be closed and a body corporate wishes to keep those facilities open, it may need to consider new regulation of the use of those facilities to comply with the COVID-19 restrictions. This is done by updating the scheme’s by-laws.

To amend the by-laws requires the body corporate to hold a general meeting (i.e. AGM or EGM).

If the facilities stay open, it is likely that the body corporate may need to consider additional and professional cleaning/sanitising of the facilities. This will be an additional expense.

Reduced Costs?

If schemes are required to close majority of their facilities – will there be a reduction in levies?

The short of it is that levies must still be paid by owners.

If a body corporate can reduce its maintenance costs of facilities, then it is likely the future levies may reduce due to a surplus evolving from what was budgeted.

Bodies corporate can consider managing any surplus by reducing levies for the next financial year or applying credits to owners’ accounts (especially against owners’ accounts that may have lost employment and are behind in payment of their current levies).

Otherwise, a body corporate can adjust the current levies (resolved at its last Annual General Meeting (AGM)) however, this will require the calling and holding of an Extraordinary General Meeting (EGM) to modify levy amounts. Careful consideration is required when considering this option.

Summary

Each body corporate will need to consider what is in the best interests of the scheme.

Bodies corporate should familiarise itself with the recent direction published by Queensland Health to ensure that they comply with the compulsory closure of facilities.

Fines will issue if there is a breach of these health directions.

Gold Coast lawyers at OMB Solicitors, we can assist those bodies corporate that wish to continue to provide facilities that are not required to be closed by preparing revised by-laws to regulate the use of the facilities in accordance with the Government regulations and restrictions.

Regarding the compulsory closure of non-essential activities/facilities, OMB Solicitors can assist in preparing correspondence to all owners and occupiers outlining that requirement.

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