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Month: December 2020

FAMILY LAW

What now? Choosing my child’s surname

Have questions about choosing your child’s surname? We go over all the options and how they might affect your child in the future.

If I were to detail a list of frequently asked questions when it comes to family law matters, somewhere in the list would be – how do I change my child’s surname?

Often when parents separate, the idea of their child having an identity that relates to both their mother and their father is attractive for one parent. Long gone are the days of tradition where a child’s surname was that of the father. More and more, we are seeing children with hyphenated last names or, the recent trend is the mother’s maiden name as the child’s middle name.

Upon separation, it can be difficult for parents to see eye to eye on most things and your child’s surname name is one of those issues. Where one parent seeks to hyphenate or change a child’s last name, seldom is there an agreement by the other parent. So, what do you do then? What if there is a disagreement about changing your child’s last name? The answer lies in the hands of the Court who are ultimately charged with the responsibility of making decisions in the best interests of a child, when parents are unable to do so.

Depending on the circumstances, an Application to the Court to change a child’s name is ordinarily dealt with in the Federal Circuit Court / Family Court of Australia or the Magistrates Court. If you are seeking merely to change your child’s surname and not any other Orders in relation to your child, then the Magistrates Court is usually the appropriate venue. Otherwise, if changing your child’s surname is only one of the many parenting Orders that you are seeking then you are best placed commencing proceedings in the Federal Circuit Court / Family Court of Australia.

Irrespective of where you choose to bring your application, the best interests of the child will always be the paramount consideration for the Court. To better inform themselves when it comes to the best interests of the child, prior to ordering a name change, the Court will consider:

  • The identity of the child during the relationship and whether a change would cause disruption, confusion, embarrassment or difficulty for the child;
  • The short and long-term effects on the child should their name change;
  • The time the child spends with one or both parents and the effect that a change in name would have on the child’s relationship with either parent;
  • Any previous changes to the child’s name;
  • The relevance of the name;
  • The child’s identification with any siblings of the same name;
  • The age of the child and their views and wishes.

Clear as mud? I thought so. Let’s look at some examples that should shed some light on this issue.

In 2019, in the case of Porritt & Dunford, the mother sought the child’s last name hyphenated where the father wished for the child to retain his surname. The child, who was 5 years old at the time, had always been known by his father’s surname and was registered at birth with his father’s surname. The father’s surname had strong cultural connections with his ancestors having always used this surname. The mother also had strong cultural connections with her maiden name. In this matter the Court held that the child’s surname should be hyphenated, citing the following reasons (amongst others):

  • Hyphenated last names are not unusual.
  • The inclusion of the mother’s last name will reflect the child’s cultural diversity.
  • A change of name would not in any way affect the child’s relationship with the father.
  • Having just commenced Prep and being very young, it is unlikely that the child’s last name would hold much significance to him either by way of identity or embarrassment for the child.
  • The change would avoid any confusion when it came to the child’s step-mother, known by the father’s surname, being mistaken as her biological mother.

Often, where there is a dispute about whose surname the child should adopt, common sense prevails and the Court orders that the child’s surname be hyphenated. However, the Court has been known to change a child’s surname completely usually where a parent has remarried and is now using their new partner’s surname. This is strengthened when the children have step-siblings who share a surname which is not the same as the child’s.

For example, in the 2018 case of Hardwick & Spurr, the mother sought to change the child’s surname to that of her new husband, where the child who was ten years old at the time was a part of the mother’s family with her new husband who all had her new husband’s surname. In this matter, the biological father of the child had not spent significant or substantial time with the child in many years and the child had been brought up in a family that identified with her step-father’s last name since she was four. Her mother, her step-father and her step-siblings all shared a surname.

In this case, it was ordered that the child’s surname be changed completely to that of her step-father and mother. There were several other facts and circumstances in this case, but significantly:

  • The father had spent very little time with the child since separation when the child was two years old.
  • In that time the mother had remarried and had children who were the child’s step-siblings, and all identified with the same surname.
  • The child had known and used her step-father’s surname since she was four years old.
  • It would be more comfortable for the child to be able to use the same surname as the rest of her family though, the biological father will remain on the birth certificate.

There has been one somewhat recent case in 2016, where the father’s application to have the child’s surname changed to his surname was dismissed by the Court on the following grounds:

  • The child was 13 years old at the time and had always had her mother’s surname.
  • The mother had four other children who all had her surname.
  • The child had not spent any significant or substantial time with the father since birth and expressed a wish to remain in the care of the mother and in her existing living arrangements. It is therefore likely that the child will experience embarrassment if an alteration to her surname is made so that it is different to the name of the parent with whom the child lives with.
  • The child was likely to suffer adverse consequences if her name is changed in accordance with her father’s wishes in circumstances where she is settled, well adjusted, happy and performing well in school.
  • The child is likely to suffer confusion of identity if a change of surname was imposed upon her given that the child had little to no significant connection with the father given his absence in her life.
  • The child is likely to suffer a sense of dislocation and detachment if a change of her surname is imposed now, with effect upon her for the rest of her school career.
  • A change to the child’s surname would have a serious negative influence on the relationship between the mother and child with whom she had lived with her entire life.

As you can see the case law on this issue differs depending on the circumstances of the particular child and that child’s family. Where there is a disagreement between separated parents about changing a child’s surname, you must seek legal advice about your options before you embark on commencing proceedings in Court. In our decades of experience, no two circumstances are ever the same. We tailor our legal advice to suit your individual needs and in pursuit of your desired outcome. Contact our office today to make an appointment for a one-hour strategy session to speak with one of our lawyers about your parenting matter.

GENERAL LAW

Is it legal to record a conversation? The dos & don’ts

Some questions we are frequently asked are: Is it legal to record a conversation? Also, can you use such recordings as evidence in a dispute?

One question we are frequently asked as by clients is whether or not it is legal to record a conversation. Often such questions come from clients who wish to use such recordings as evidence in a dispute. Often they come from clients who have become aware that someone else has recorded a conversation which they were involved in without their knowledge or consent. As a result of the increasing ease of recording conversations with colleagues using a smartphone, this issue is becoming increasingly common in workplace settings, whether between colleagues who do not get along or in the context of disputes between employees and employers.

The Default Position

The default position in Queensland from which we must begin when discussing the recording of conversations is set out in section 43 of the Invasion of Privacy Act 1971 (Qld), which provides as follows:

‘A person is guilty of an offence against this Act if the person uses a listening device to overhear, record, monitor or listen to a private conversation…’

Private Conversation

The default position as described above only provides us with a part of the picture. In order to understand it properly we must have regard to the definition of ‘private conversation’ provided under the Act.

The Act defines ‘private conversation’ to include any words spoken by one person to another which fall into both of the following categories:

  • The words must be spoken in circumstances that indicate that the persons desired the words to be heard only by themselves; and
  • The words must not be spoken in circumstances in which the persons ought reasonably to expect that the words may be overheard, recorded, monitored or listened to by another person

The ‘Party to the Conversation’ Exception

There is one primary exception to the above position, namely that in order for an offence to be committed, the person recording the private conversation must be someone other than one of the parties to the private conversation.

This means that a person is free to record a private conversation to which they are a party. It is only where a non-party makes the recording that an offence is committed.

Communication or Publication

There is an important caveat with respect to the exception relating to recordings made by parties to the private conversation. This caveat relates to the manner in which the recording is used. The party will not commit an offence provided that the recording is kept for their own personal use or reference. This does not extend to the communication or publication of the conversation.

Therefore, regardless of whether the person who made the recording was a party to the private conversation or not, section 45 of the Act provides that the person will be guilty of an offence if they communicate or publish to any other person, a private conversation which has been recorded.

‘Communication’ and ‘publication’ are interpreted broadly, and include, playing the recording to a third party or giving a transcript of the recording to a third party.

This prohibition on communication and publication is logical, as it is the publication or communication of a recording that most people have concerns about. It seems to most people perfectly reasonable that a person should be able to record a conversation to which they were a party so long as they kept the recording private and for their own personal use only.

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The Exceptions to Communication or Publication

Nothing being simple at law, there also exist a number of exceptions to the prohibition on the communication or publication of private conversations, some of which are very important and eminently reasonable. The exceptions, set out in section 45 of the Act, are as follows:

  • For reasons which are self-evident, where the communication or publication is made with the express or implied consent of all other parties to the conversation;
  • For reasons which are yet more self-evident, where the communication or publication is made by a customs or security official of the Commonwealth;
  • For reasons of public policy and protection of whistle-blowers, where the communication or publication is not more than is reasonably necessary in the public interest, in the performance of a duty, or for the protection of the lawful interests of that person;
  • Is made to a person who has, or is believed, on reasonable grounds, by the person making the communication or publication to have, such an interest in the private conversation as to make the communication or publication reasonable under the circumstances in which it is made; or
  • Is made in the course of legal proceedings (which may be criminal or civil proceedings).

Accordingly, should a private conversation be recorded by a non-party to the conversation who subsequently communicates or publishes its contents to a person other than in circumstances covered by one of the five exceptions above, that person will commit an offence.

Recording Phone Calls

One further variable to the above position is in circumstances where a private phone conversation has been recorded by means of an external listening device. That is a bugging device which is attached to the telephone or telephone line, rather than simply recording the conversation by means of the record feature on a mobile phone.

The Telecommunications (Interception) Act 1979 (Cth) prohibits the recording of any private telephone conversation by means of an external listening device. Such that, regardless of the above factors, the person who has caused the recording to be made by means of the exteral device will have committed an offence.

Recording of Conversations in the Workplace

The first point to note in relation to the recording of conversations in the workplace is that an employer may lawfully and reasonably direct an employee not to secretly record conversations within the workplace. Should an employee fail to comply with such a lawful and reasonable direction, they employer will be able to undertake performance management which, depending on the context, may include the issuing of a written warning or the termination of the employee.

For instance, in Burger King v Hungry Jacks it was held that the recording of a manager or supervisor by an employee may constitute a breach of the duty to serve the employer honestly and in good faith. Which is commonly found in employment contracts, therefore justifying summary dismissal in that case.

Indeed, the Fair Work Commission very often holds in its decisions that the non-consensual recording of private conversations in the workplace (and in particular, between an employer and employee) constitutes misconduct justifying termination of the employment.

Furthermore, a non-consensual recording of a workplace incident may be held to be inadmissible as evidence in Fair Work Commission proceedings. Although, in some circumstances, such recordings will be admissible on the basis that the recording was reasonably necessary for the protection of the lawful interests of that person (being the third of the exceptions to the prohibition on communication and publication of recordings referred to above).

Similarly, there are numerous circumstances in which the recording of a conversation by an employee could constitute a breach of the confidentiality provisions which are found in most employment contracts.

Furthermore, regardless of the legality of the conversation, should the recording arise in the context of proceedings with the Fair Work Commission, the Commission may view the recording of the conversation in an unfavourable light. For example, in the case of Wayne Schwenke v Silcar Pty Ltd t/as Silcar Energy Solutions [2013] FWC 4513. By way of illustration of the variables involved, in that matter, the Member provided that:

‘I’m satisfied that the secret recording of Mr Schwenke’s performance discussion was contrary to his duty of good faith or fidelity to the employer, and undermined the mutual trust and confidence required in the employment relationship. There may be some circumstances, such as one-on-one actions in relation to discrimination, harassment and bullying that secretly recording a conversation is permissible – but the gravity and cause would have to be significant to override the general requirement of dealing honestly and openly with the employer and work colleagues. In such circumstances, the commission would have to be acutely conscious to provocation or entrapment.’

Clearly, while the covert recording a conversation without the consent of the parties involved is prima facie a questionable thing to do, there are numerous exceptions and variables to the general postion — particularly where the recording occurs in a workplace setting.

In the event that a conversation you have been involved in has been recorded without your consent, or if you are considering recording a meeting or interaction at work, please contact our office to discuss the potential implications with one of our solicitors.

 

FAMILY LAW

What to do when parenting orders & domestic violence orders are no longer appropriate

If parenting and domestic violence orders conflict, it’s important to know your legal rights and how you should be implementing court orders.

An incident of violence has occurred. Can I suspend the current parenting orders?

If final parenting orders have been made in the Family Court or Federal Circuit Court and an incident has occurred which renders those orders inappropriate, it may be necessary to file an application for both a protection order and updated parenting orders.

When would this be considered necessary?

An example which commonly comes across our desks is an incident of violence occurring at changeover for the child.

Recently we were advised of a situation which occurred during changeover and, during a heated discussion regarding the child. The father of the child tried to hit the mother of the child but instead hit the door behind the mother. This was all in the presence of the child.

In the circumstances, it was most appropriate for the mother to file an application for a protection order, seeking a temporary protection order in the interim suspending the current parenting order.

Suspending current parenting orders

Under section 78 of the Domestic Violence Act, a Magistrate is able to vary, discharge or suspend a family law order. This is mirrored in section 68R of the Family Law Act which permits a court of summary jurisdiction, when making or varying a family violence order, to revive, vary, discharge or suspend an existing parenting order where the court is provided with material that was not provided to the family court when the parenting order was made.

What this means practically is that, if there is new relevant information which came to light after the parenting orders were made and which the family courts have not yet considered, the Magistrate can suspend the current parenting orders.

Returning to the Federal Circuit Court

Once the current parenting orders have been suspended, an urgent initiating application should be brought in the Federal Circuit Court for the material regarding the domestic violence incident to be considered by a judge and seeking appropriate parenting orders to be made.

Such an application would satisfy the rule in Rice v Asplund, namely that there has been a significant change in circumstances, allowing the applicant to seek parenting orders in circumstances where final parenting orders have already been made.

This should also be your next step if you are defending the application for a protection order and your parenting orders have been suspended. It is very likely in those circumstances that your contact with the child will have been limited substantially. Accordingly, it may be appropriate to seek an abridgement of time which would allow your application to be heard as soon as possible.

Important: This article is based upon circumstances which have arisen for a unique scenario that was brought to our attention. This article should not be relied upon in deciding whether it is appropriate for you to make an application to the court.

You should seek legal advice and have both your domestic violence orders and parenting orders considered by a legal professional before taking any further steps. Each person’s circumstances are unique and the correct course of action for one person or scenario may be completely inappropriate for another.

If you are unsure and would like some clarity regarding your scenario or circumstances, reach out to our team for a discovery session to identify your next best steps moving forward.

FAMILY LAW

What to do when parenting orders & domestic violence orders conflict

If parenting and domestic violence orders conflict, it’s important to know your legal rights and how you should be implementing court orders.

I have both parenting and domestic violence orders: Which orders should I be following?

An issue which we are seeing arise more and more often is conflicting parenting orders and domestic violence orders.

Being involved in multiple proceedings regarding parenting and domestic violence can be stressful and confusing. During this difficult (and often high conflict) period in your life, you need clarity regarding your legal rights and how you should be implementing court orders.

This article will outline what you should do if your parenting orders conflict with domestic violence orders.

What is a parenting order? 

A parenting order is an order issued by either the Family Court or Federal Circuit Court which outlines parenting arrangements for any children of a relationship. Parenting orders can be entered into by the consent of both parties or, where the parties cannot agree, are ordered by the court after a trial.

What are the implications if you do not comply with a parenting order? 

Parenting orders are legally enforceable. This means that if a party does not comply with part of the parenting order, they are said to have contravened the order.

Depending on the type of contravention, a party can then apply to the court pursuant to a contravention application.

There are penalties for parties who are found by the court to have contravened parenting orders.

What are domestic violence orders?

A domestic violence order, often called a Protection Order, is an order made by a Magistrate in the Magistrates Court in response to an Application for a Protection Order. A Protection Order will be made where an act of domestic violence is found to have occurred. It can include a wide variety of terms, most commonly that the respondent be of good behaviour and not commit an act of domestic violence.

What are the implications if you do not comply with a protection order? 

If you do not comply with the terms of a protection order, the breach could be reported to police. If you are charged and found guilty of having committed an act which is contrary to the terms of the protection order, you will have committed a criminal offence. 

When do parenting orders and domestic violence orders conflict?

A common example of inconsistent orders are orders relating to changeovers.

It is common for a child’s school to be listed in a protection order (including orders made on a temporary basis) as a place the respondent (being the person the protection order application was brought against) is not to approach.

Parenting orders often provide for changeovers to occur at the child’s school where the child is of school age and changeover is occurring on a business day.

What this means practically is that if the respondent, in complying with the parenting orders, attends the child’s school to pick them up, they will be in breach of the protection order which can have serious consequences.

Until recently, the position was that the parenting orders prevailed. This meant that, where the parenting orders provided for the child to be collected from school, even where a protection order was in place which prevented the parent attending the school, they could attend to carry out the orders.

Amendments to the Family Law Act 1975 (Cth) (“Family Law Act”) and the Domestic and Family Violence Protection Act 2012 (Qld) (“Domestic Violence Act”) have changed this position.

Section 78 of the Domestic Violence Act requires the Court to consider any existing parenting orders. It does not limit the Court’s power to make protection orders that are inconsistent with the existing parenting orders.

Importantly, when considering whether a protection order will contradict a parenting order, the court must not reduce the level of protection afforded under the protection order for the purpose of trying to ensure consistency with a family law order.

Practical effects

Parenting proceedings and domestic violence proceedings are often interconnected. Magistrates are aware of this and the implications orders impacting upon parenting orders may have on parents.

Accordingly, many Magistrates have opted to include additional terms when making a protection order. These effectively preclude a term of the protection order if it impacts upon an existing parenting order. An example is outlined below.

Typical term contained in a protection order:

“The respondent is prohibited from following or approaching to within 1000 metres of the aggrieved when the aggrieved is at any place” 

Notation made by a Magistrate in consideration of the practical implementation of a parenting order:

“This condition does not apply when having contact with a child or children as set out in writing between the parties in compliance with an order of a court, or when having contact authorised by a representative of the Department of Communities (Child Safety) with a child or children”

What you can do if this applies to you

If a clause such as the above has not been included in your protection order and the provisions of the protection order essentially prohibit your compliance with parenting orders, there are ways you can rectify this.

Variation

If both parties agree that the inconsistency between the orders is impractical and needs to be rectified. The easiest way to do this is to apply to vary the protection order to remove inconsistencies between parenting and domestic violence orders.

If you are the aggrieved, respondent, applicant or a named person (e.g. relative or associate named on the order), you can apply to make changes to the current domestic violence order.

You will need to complete a Form DV4 Application to vary a domestic violence order. This will need to be filed with the court. We can assist you with this process and answer any queries you have as to

Apply to the court

Alternatively, you may apply to the Family Court for orders that the family court orders prevail over the protection order.

The court must, in accordance with section 68P of the Family Law Act, to the extent to which the order provides for the child to spend time with a person, specify in the order that it is inconsistent with an existing family violence order.

Reach an agreement

It can at times be cheaper and easier to reach an agreement with the other parent as to another, more appropriate changeover location whilst the protection order is in place, which complies with both sets of orders.

It is not unusual for a parenting order to contain a paragraph which states something to the effect of “the changeover location is to be as agreed between the parties, failing agreement the child’s primary school”.

These types of orders are capable of being complied with even where one parent is prohibited from attending the school of the child, as an alternative location can be used for changeovers where both parties consent.

PROPERTY LAW

The importance of proper due diligence when buying a house

It is important you undertake due diligence when buying a house – Don’t get caught out by these expensive pitfalls.

It is always surprising as a lawyer to note the ways in which people believe they may be saving money. Quite often, people have a tendency to become surprisingly excitable and self-congratulatory in relation to some very minor upfront ‘savings’ which when the inevitable catastrophe occurs, turn out to be anything but. In keeping with what is generally referred to as ‘Murphy’s Law’, such catastrophes have a tendency of occurring precisely in relation to the matter that the buyer could have prevented were it not for the flash of genius that enabled them to ‘save a bit of the folding stuff’ upfront.

Every property lawyer has had the pleasure of acting for the ‘value shopper’ who swears blue in the face that he or she will not hand over $60 to the state government for a land tax search. ‘I know how this scam works! These government [insert expletive of choice] are already getting enough out of me for stamp duty!’

When (after fifteen minutes of arguing on the phone) we convince said value shopper to order the search and the result comes through, the search inevitably confirms that there is $30,000 worth of land tax outstanding on the property, which would otherwise have been discovered by the value shopper upon receipt of a letter of demand from the Office of State Revenue some months after settlement. Had said value shopper not been dragged kicking and screaming to complete proper due diligence, that $60 saving would have amounted to what in psychology is known as a ‘Pyrrhic victory’.

By the same token, when the buyer who ‘installed a deck once’ and therefore ‘has a pretty good eye for these things’ insists on foregoing a $350 building and pest inspection, we instinctively know that this is the house that is going to be riddled with termites, asbestos, dry rot and at least five species of deadly mould. We have seen this movie before, and we know the ending. Spoiler warning: It’s more Kill Bill than Mary Poppins. Or if television is your thing, it’s more Chernobyl than Dora the Explorer.

In circumstances where we are able to convince the pennywise buyer to complete their proper due diligence, and our instinct that something must be very, very wrong is borne out in the search results, we are afforded at least a small wholesome pleasure akin to that of the primary school teacher who has advised his young charge not to run with scissors or not to put their head into the art room guillotine — and knows that in doing so they have made a positive impact upon the world.

Of course, most of us are rational people and do not get the adrenaline rush of an inebriated tourist parachuting out of an aeroplane in New Zealand from saving a few hundred dollars on various searches when purchasing a two-million-dollar property cash-upfront with no mortgage (‘Three hundred bucks! What are these searches — plated in gold? I suppose I look like I’m made of money!’) For most of us, we are more than happy to outlay a small amount to conduct prudent and reasonable enquiries before making what may be our largest ever purchase in order to ensure that we are making our decisions in an informed manner. We just need someone to guide us through the process and identify what those prudent and reasonable enquiries might be in our situation. Well good news! When you instruct us in relation to your prospective or existing purchase, that is precisely what we would like to do.

Ideally, buyers should contact us prior to signing a contract to purchase property. This way, we can provide advice on the contract and provide the option to order searches prior to becoming contractually bound.

This is often not the way it works out however. Frequently, the first time we deal with a buyer in relation to a conveyance is when the real estate agent sends us a fully signed contract. In these circumstances, although the contract has been signed, there are still certain rights that the buyer may have to terminate the contract which arise out of statute or the contract itself. Therefore regardless of whether or not the contract has been signed, it is important that you contact our office as soon as possible so that we can discuss matters which might be of relevance to you and recommend and order any relevant searches. Below is a small selection of the vast array of searches that we offer and the implications that could arise as a result of failing to conduct such searches.

Council Building Approvals after Buying a House

It is a common occurrence that, years after settlement, an unsuspecting home owner will receive a letter from the council marked ‘Show Cause Notice’. To the horror of the home owner, the notice will advise that relevant approvals or inspection certificates are not in place in respect of renovations, carports, swimming pools or decks and that the home owner must rectify such issues within a short time frame. Often this will cost in the hundreds of thousands of dollars. Regardless of the culpability of the previous owner for such renovations or additions, in almost all circumstances once the matter has settled, the new owner will have no recourse whatsoever. Therefore it is imperative that such issues are identified prior to settlement. We have access to a wide range of searches that will allow you to identify building issues before it is too late.

The Importance of Land Surveys Before Buying a House

Brisbane, and particularly its older and hillier inner suburbs, is plagued by neighbourhood disputes relating to boundaries, structural encroachments and retaining walls. In any given suburban street, there is likely to be an active dispute in relation to boundaries. Such disputes can become explosive and result in an inability to on-sell the property pending resolution. All it takes is for an unreasonable or combative person to own the neighbouring property and these disputes often result in hundreds of thousands of dollars expended in legal fees. Contrary to popular opinion, it makes absolutely no difference whatsoever if the encroaching structure was installed by the neighbour or the previous owner, or indeed whether the encroachment has existed since the property was built in the 19th century. Once settlement has occurred you will have no recourse whatsoever and all it takes is the wrong person to move in next door for you to be entering into a world of pain.

Fortunately, even where there is a contract of sale on foot, buyers are able to terminate, but only for a material encroachment or mistake in the boundaries. The only way to discover such an encroachment or mistake is by conducting a survey. We can assist you in making these arrangements.

Are you Buying House Encumbered by Easements?

Many properties in the Brisbane area are encumbered by easements. Such easements may exist for a number of reasons, the most common being for access (for instance, a ‘battle axe block’) or in relation to sewage pipes or other infrastructure beneath the lot. Such easements can often have consequences that may not be in the buyer’s immediate contemplation. For instance, an easement relating to a sewage pipe may prevent the buyer from developing or renovating the property in the future as such development or renovations may prevent the utility provider from accessing the underground infrastructure for maintenance purposes. Similarly, the easement may grant the utility provider rights to enter onto the property and excavate the pipes (and consequently the front garden) for maintenance purposes. We can obtain copies of any easements registered on title allowing buyers to see what such easements entail, their location and what rights they grant in favour of the grantee.

Are you Buying a House that has Outstanding Accounts Associated with the Property?

There are a number of accounts which may be associated with residential properties and which ‘go with the property’ rather than the individual account holder. Examples of such accounts are those relating to council rates, water and land tax. It is more common than most people realise to have a situation in which there are arrears of thousands or even tens of thousands of dollars in respect of such accounts. A common scenario is that where a marriage breaks down, both parties to the marriage dispute their obligations to pay various rates relating to a given property and that such accounts go unpaid for months or even years — that is, until such time as it becomes worthwhile for the council or water authority to commence proceedings in court against the landholder to recover the arrears (which may include an order for the sale of the property). We can determine exactly what is owing in relation to the various accounts which attach to residential properties to ensure that a seller does not manage to slip in a ‘bonus’ inclusion (in the form of tens of thousands of dollars in rate arrears) with the property.