Preparation means seeking advice early

You don’t need to be on the brink of separation to obtain helpful family law advice.  For some couples, the separation process can be over many cautious years, with a great deal of thought and preparation and the need for financial advice. For other couples, of course, it can be very different.

We find that we are more often approached for information by women first,  because of concerns about financial insecurity and find that Australians from other ethnic groups may culturally have more apprehension in seeking help,  and perhaps have fewer information resources to access.  Overseas sole custody laws can also be seen as a powerful deterrent. However, historically, women have initiated more divorce applications in Australia than men.

Mehr – The Dowry – and other cultural and religious dimensions

In addition to the legal aspects, it is important to recognise the cultural and religious dimensions that may influence the separation process. In many Muslim communities, for instance, the concept of Mehr, a mandatory payment made by the groom to the bride at the time of marriage, serves as financial security for the bride.

This concept of financial protection extends into discussions surrounding separation and divorce. Addressing matters such as dowry and Mehr is essential within these communities, ensuring equitable outcomes and honouring religious obligations.

Our team at Phoenix Law & Associates understands the significance of such cultural nuances and can provide guidance that respects both legal requirements and personal beliefs, ensuring a comprehensive approach tailored to your unique situation. (Fatima , Solicitor Bachelor of Law; Graduate Diploma of Legal Practice)

What is Separation?

In Australia separated means you have stopped living together as a couple, and at least one person in the relationship makes the decision to separate, acts on that decision and tells the other person. Your partner doesn’t have to agree. You can be separated and still be living in the same home.

There are no legal requirements for separation. If you’re new to Australia or are worried about residency, please talk to us about that.

One person may move out of the home, or you can be still living at home together but have separate lives—this is called ‘separation under the one roof.’ You may have to prove these living arrangements to agencies such as Centrelink. When deciding if you are separated under one roof, they will consider whether:

  • you sleep together
  • you have sex or sexual activity
  • you share meals and domestic duties (in a different way than when you were married)
  • you share money and bank accounts
  • family and friends think of you as separated.

Both you and your spouse are equally entitled to live in the marital home during separation – ownership of the property is not relevant. Anyone can also leave the marital home during separation, but no one can be forced to.

Therapeutic, permanent and legal separation

Depending on your intentions, relationship therapists will talk about 3 possible states. Firstly, a therapeutic, healing or trial separation – which is temporary and structured time apart, to help a couple heal their broken relationship. The others – a permanent separation; and a legal separation.

Some benefits of a therapeutic or trial separation may be ;

  • Personal Growth: Time apart can foster personal growth and change. This evolution, coupled with a new understanding of oneself and one’s partner, can be a catalyst for reunions.
  • Challenges Ahead: Reunited couples are not exempt from challenges. They must address past grievances, manage external perceptions, realign after personal changes, and navigate the potential complexities of remarriage.
  • Foundations Matter: For a successful reunion, open communication, self-reflection, setting boundaries, and, if necessary, seeking professional counselling are crucial steps.

Divorce statistics.

The traditional expression “ the seven-year itch”, may have some truth as the average length of a marriage, at least in the United States, that ends in divorce is 8 years,  and here in Australia, most divorces happen between year three and year seven of marriage. Just 4% of couples divorce after 10 years of marriage.

One-sided divorce is possible in Australia as long as the couple has been separated for at least 12 months. The crude divorce rate (divorces per 1,000 Australian residents) was 2.2 divorces per 1,000 residents in 2021, up from 1.9 in 2020. It could be estimated that 44% of marriages in Australia end in divorce.

January is sometimes considered “divorce month”, as an enforced time in a challenging relationship without the usual space that work, sports and other activities may bring issues to the fore.  Lack of support and commitment is the most common reason given by divorcing couples. Other concerns may be too many arguments; Infidelity; being married too young; unrealistic expectations; lack of equality in the relationship; lack of preparation for marriage and substance or domestic violence or abuse.

Reunion rates show that between 10 to 15% of separated couples do reconcile, and approximately 6% of divorced couples remarry each other.

Preparing yourself early

As hard as separation or divorce might be, well-informed and supportive non-judgmental legal advice will lessen the emotional burden. A professional third party can help you navigate through the challenges. Often children are involved, and seeing the bigger picture may help minimise the impact on everyone.

Preparing yourself for any eventuality may include seeking mediation and protecting yourself financially by opening your bank account; separating assets or debts, and inventory assets.  We can help with planning and advice, as each person’s needs differ.

Language and Culture matter

Phoenix Law and Associates have compassionate and sensitive Family Law specialists to help you through. To gain a free introductory perspective call Phoenix Law & Associates 1800GETHELP.  We have multilingual lawyers who speak your language and understand your culture – Urdu, Hindi, Pashtu, Farsi, Mandarin, Cantonese, Korean, Japanese – English, Portuguese, and Romanian.

Level 16, 300 Adelaide St, Brisbane City|  #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw

With thanks; Legal Aid Queensland and Forbes review

PARENTING ARRANGEMENTS are delicate and emotionally charged.

FAMILY LAW is the main legal framework relating to divorce, separation, children, parenting arrangements, property, and financial matters.  But most would agree, there are few matters as delicate and emotionally charged as determining parenting arrangements.

When a relationship dissolves, whether through divorce, separation, or other circumstances, decisions about child custody and visitation rights become the most important.  As lawyers specialising in family law, Phoenix Law approaches your issue with sensitivity, diligence, and a thorough understanding of the legal intricacies involved. Let’s look at some key considerations when determining parenting arrangements.

The Best Interests of the Child

The best interest of the child is a child rights principle, which derives from Article 3 of the UN Convention on the Rights of the Child and is a fundamental principle in Australian family law. When a parent or the Court makes any decision relating to a child, the child’s best interests are always taken into account. But what exactly constitutes the “best interests” in Australia?

The UN Convention on the Rights of the Child looks at evaluating and balancing “all the elements necessary to decide in a specific situation for a specific individual child or group of children”. With a multiplicity of factors to consider, usually, more than one profession or institution is involved in the assessment process, bringing together areas of expertise from the country-of-origin perspective and, the perspective of the child.

The following aspects are relevant

The child’s views and aspirations.

The identity of the child, including age and gender, personal history and background;

The care, protection and safety of the child;

The child’s well-being.

The family environment, family relations and contact;

Social contacts of the child with peers and adults;

Situations of vulnerability, i.e. the risks that the child is facing and the sources of protection, resiliency and empowerment;

The child’s skills and evolving capacities;

The rights and needs with regard to health and education;

The development of the child and her or his gradual transition into adulthood and an independent life;

Any other specific needs of the child.

What Does The Law Say?

Under Section 60CC of the Family Law Act 1975, the Court determines the best interests of the child based on two primary considerations – “the benefit to the child of having a meaningful relationship with both of the child’s parents; and the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.”

Prioritising the best interests of the child may seem like a straightforward concept, but the application can vary significantly depending on the circumstances of each case. As your Family Lawyers, our role is to advocate for arrangements that promote the physical, emotional, and developmental well-being of the child above all else. At Phoenix Law, we have a range of multilingual lawyers, who understand your language and also your customs.

Types of Custody

Understanding the different types of custody is key to creating suitable parenting arrangements. Physical custody refers to where the child resides, while legal custody pertains to decision-making authority regarding the child’s upbringing, including matters related to education, healthcare, and religion. Custody arrangements can be sole (where one parent has primary custody) or joint (where both parents share custody responsibilities).

Parenting Plans

Developing a comprehensive parenting plan is the foundation of effective parenting arrangements, and outlines the specifics of custody and visitation schedules, communication protocols between parents, methods for resolving disputes, and any special considerations regarding the child’s needs. Crafting a well-thought-out parenting plan requires meticulous attention to detail and a thorough understanding of state laws and regulations.

Factors Considered by the Court

In cases where parents cannot reach a mutually agreeable arrangement, the court may intervene to determine custody and visitation rights. When making these decisions, courts consider a myriad of factors, including each parent’s ability to provide a stable and nurturing environment, the child’s relationship with each parent, any history of abuse or neglect, the child’s preferences (depending on their age and maturity), and each parent’s willingness to facilitate a positive relationship between the child and the other parent.

Exploring Mediation and Alternative Dispute Resolution

Given the emotional toll and financial burden of prolonged litigation, many courts encourage parents to explore alternative dispute resolution methods, such as mediation or collaborative law. These approaches aim to facilitate constructive dialogue between parents, empower them to reach mutually acceptable agreements and minimise the adversarial nature of traditional courtroom proceedings. As attorneys, Phoenix Law & Associates play a crucial role in guiding our clients through these processes and advocating for your interests, whilst prioritising the well-being of the child.

Modifications and Enforcement

Parenting arrangements aren’t static; they may need to be modified over time to accommodate changing circumstances such as parental relocations, remarriage, or shifts in the child’s needs. When seeking modifications, parents must demonstrate a substantial change in circumstances warranting the adjustment. Additionally, ensuring compliance with existing arrangements may require legal intervention if one parent fails to adhere to the agreed-upon terms.

In Summary..

Whilst piloting parenting arrangements, we must approach each case with empathy, professionalism, and a commitment to achieving outcomes that serve the best interests of the child. By understanding the legal principles, advocating effectively for our clients, and fostering cooperation whenever possible, we can help families navigate the complexities of custody and visitation with compassion and integrity.

Phoenix Law has skilled lawyers who speak your language and understand your culture – Urdu, Hindi, Pashtu, Farsi, Mandarin, Cantonese, Korean, Japanese – English, Portuguese, and Romanian – to help you with Family Law. CALL 1800GETHELP | Level 16, 300 Adelaide St, Brisbane City| #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw #Wills #Estates #Migration #Accident #InjuryLaw #BusinessLaw

We are professionals who take a practical, personal and compassionate approach.

Our director, Hideki Shimizu, takes an active role in the Brisbane sporting and youth-development community and heads the team at Phoenix Law & Associates
We have a multilingual team that is well-connected with communities in Brisbane, the Gold and Sunshine Coasts, and enjoy working together.
Our experience covers a wide range of matters, from complex international business matters right through to highly personal family law cases.
We work tirelessly to achieve the best possible outcomes for our clients.
As licensed members of the Queensland Law Society, we serve the public with fairness and professionalism.

We are seeking a COMMERCIAL LITIGATION LAWYER to join our BRISBANE legal team.

This is an exciting opportunity for a talented individual who thrives in a challenging and dynamic environment, to handle a wide range of commercial litigation cases, including contract disputes, business torts, intellectual property matters, employment disputes, and other related issues.
• Conduct thorough legal research and analysis, and prepare pleadings, motions, and other legal documents.
• Represent clients in court proceedings, arbitrations, mediations, and negotiations.
• Develop and implement effective litigation strategies to achieve favourable outcomes for clients.
• Provide legal advice and guidance to clients on complex legal matters, ensuring compliance with applicable laws and regulations.
• Collaborate with colleagues and work as part of a cohesive team to achieve department and firm goals.
• Stay updated on changes in legislation, case law, and industry trends to effectively counsel clients and provide accurate legal opinions.

We’re aware of the strain litigation can put on our clients, and that’s why we’re committed to delivering timely, favourable results. Join our dynamic team. As a Commercial Litigation Lawyer, you will have the opportunity to make a significant impact, work on complex cases, and collaborate with top legal professionals in the field. We offer competitive compensation packages and a supportive work environment that fosters professional growth and development.

Phoenix Law is an equal opportunity employer. We have a team of multilingual lawyers that celebrate diversity and are committed to creating an inclusive and respectful workplace. Phoenix Law – big firm talent; small team culture.

How to Apply
APPLY BY EMAIL: | 300 Adelaide Street, BRISBANE, QLD

#law #commerciallaw #litigator #litigation#team #opportunity #culture #phoenixlaw #qldlaw

Longevity, peace, and prosperity – it’s our mission too. Happy Lunar New Year!

From the 22nd of January this year, with celebrations continuing for 2 weeks, this year’s Chinese zodiac animal is the Rabbit. Traditionally, it represents longevity, peace, and prosperity. As the Year of the Tiger comes to an end, and the Year of the Rabbit begins, we can expect a welcome change of pace as we say goodbye to the roaring tiger and hello to the milder rabbit. Both anatomically and behaviorally, tigers and rabbits could hardly be more different. The same is true for their corresponding zodiac years, according to astrologists.

The rabbit is historically known as the gentlest and most tender of the 12 animals in the Chinese zodiac, the traditional classification scheme based on the lunar calendar that assigns an animal and its attributes to each year. If 2022 was a year of stress and changes in family and business for you – allow Phoenix Law & Associates to guide you to resolve troubling issues ad settle matters. Phoenix Law speaks your language, and we know Queensland law.

Discover how easy it can be to resolve issues with positive results, which in turn will increase peace, and prosperity, and boost mental and physical health in 2023.
Phone 1800-GET-HELP (1800 438 435) |e; or see #chinesespeaking #japaneselawyers #multilingual #brisbanelawyers #compensation #yearrabbit#buyinghomes #australianbusiness #visaaustralia #familylaw #chinesehoroscope

Young delivery cyclists 13 times more likely to be injured

Since Covid lockdowns began, we’ve seen a huge increase in delivery riders for companies like Uber Eats and Doordash. It’s a challenging job, tight deadlines, hard-work, usually poorly-paid, and presents real danger from traffic and abuse. A new report has found delivery cyclists are thirteen times more likely than recreational cyclists to present to an emergency department between 8pm and midnight, yet the injuries largely go unreported.

Commercial delivery riders are often injured on the job during the busy evening delivery period, and whilst they sub-contract to huge multinationals, they are often not covered by Medicare. Under Australian labour laws, being an independent contractor means not being entitled to minimum wage, sick leave and annual leave. Delivery cyclists are most likely to be young males, eleven times more likely to have a primary language that is not English. At least five food delivery riders in NSW, all from migrant backgrounds, were killed in two months in late 2020 in road accidents while on the job.

Why injures may not be reported

FEAR. One of the most common reasons people don’t speak up when a workplace incident occurs is because they are afraid – their fear is of the unknown. Employees don’t know what the repercussions will be if they report the incident, and they worry that this action might bring some kind of punishment.

POWERLESSNESS. Add a sense of powerlessness as young employees report that they feel they have less influence in the workplace because of their age and inexperience which keeps them from telling their supervisor about safety concerns or injuries. They also report feeling they do not have a voice that can help change something in the workplace. In the context of workplace safety, that could mean making recommendations, sharing ideas with any supervisor, refusing to perform dangerous work or even the empowerment of calling a safety representative to report a concern or incident.

“DON’T MAKE ANY NOISE “  Interestingly,  employees with more seniority in the same job, have an approach of not reporting injuries because they understand that is a normal part of getting the job done. Many employees have different definitions for injuries and do not report those that they understand are “small” and do not think they can anything to do to prevent them. Not understanding when an injury is work-related and accepting discomfort and even pain as part of the job. They fear that “making noise” will limit them to keep their current job or aspire for growth in the organization

 Appointing a Lawyer can make a fairer difference

 38% of respondents who had been involved in an incident, did not report it because they felt they may be met with anger or that nothing would be done as a result. Australians typically are reluctant to sue, but when you have suffered losses due to the actions of someone else, it’s important to know what you’re entitled to in terms of compensation. If you’re not sure what to do in this upsetting time, the Brisbane personal injury lawyers at Phoenix Law – compassionate experienced Injury Lawyers,  are here to help.

You will more than likely need help with medical expenses, loss of earnings, physical and psychological suffering, or loss of enjoyment of life. CALL 1800-GET-HELP or see +61 (07) 3180 0908 #workinjury #qldlaw #workerscompensation #injury 

Whether you were injured in an accident, at work, or on private or public property, our knowledgeable and compassionate lawyers can help you understand and help you speak up.

Sumérjase en una celebración de la cultura hispana. Vea el programa completo en

y cuando necesite ayuda con asuntos legales ? ¡Phoenix Law & Associates habla su idioma ! LLAMENOS AHORA +61 (07) 3180 0908 | 1800-GET-HELP |e; |Nivel 16 300 Adelaide Street, Brisbane QLD.

La noche de apertura comienza con los muy vistos Antonio Banderas y Penélope Cruz en un estreno australiano – Competencia Oficial. Cuando un rompecorazones de Hollywood y un actor de teatro radical se juntan, las chispas saltan en esta comedia juguetona y afilada que ridiculiza la riqueza, el arte y el orgullo.

A un click de distancia (Language Lessons) es una comedia premiada sobre una profesora de español y su alumno. La estrella más destacada ? Penélope Cruz en sus tres propuestas, dos de ellas protagonizadas también por su marido en la vida real, Javier Bardem. El dúo más oscarizado de España, hizo historia este año, (junto con Kirsten Dunst y su otra mitad, Jesse Plemons) cuando ambos fueron nominados en los Oscar de 2022.

Visita para participar en un concurso que te llevará durante 18 días a España, Portugal y Marruecos. Es un viaje para dos personas con fecha de salida en 2023.

A Sydney bus driver has been awarded compensation after an altercation with a train station attendant who refused to let him use the toilet, leaving him “extremely stressed and upset” in May 2021 in Campbelltown.

He arrived at Macarthur Station in the early hours of the morning needing “to do one and two”, but found the toilets locked as the train station attendant would not unlock the toilet doors, saying he had not had a chance to clean them.

After pleading several times, the driver turned away, and the attendant “pushed him on his back”. The attendant eventually unlocked the toilet, and the driver later completed an injury report form, describing it as “assault”.

He told the commission the incident and subsequent disciplinary meetings at work had exacerbated his anxiety and depression. The driver lodged a claim with Transdev’s worker’s compensation insurer GIO for medical expenses, being $900 for consultations with a psychologist and $3240 for future appointments, also with a psychologist.

GIO disputed the claim. The matter was heard before the commission, which this month ruled in the driver’s favour. “I am satisfied that the applicant sustained a psychological injury on May 2, 2021,” senior member Kerry Haddock said. “That injury was an aggravation of a disease, to which his employment was the main contributing factor.” She noted the driver’s supervisor described him as an “excellent worker”. “I accept that the treatment proposed is appropriate,” she said
This story will resonate with any Australians working long hours away from the home.

If you have suffered a similar incident, please talk to our expert personal injury lawyers in Brisbane & QLD now. PHOENIX LAW & ASSOCIATES run claims on a No Win-No Fee Basis. CALL US NOW +61 (07) 3180 0908 |or 1800-GET-HELP |e; |Level 16  300 Adelaide Street, Brisbane QLD.

#psychological injury #workerinjury #compensationlawyers #personalinjurylawyers

Especially in an industrial environment, the workplace can be hazardous, but that’s only part of the picture.

Numerous factors, ranging from overexertion to mishandling of hazardous materials, and a multitude of variables that can contribute to or influence a workplace incident.

Given the sheer number of hours spent in the workplace, injuries are unfortunately commonplace, but it’s not always about negligence. If you suffer an injury at work, you can claim compensation. Seek immediate medical attention for your injuries immediately, and then an experienced compensation lawyer can help you.  


Too often employees attempt to lift an object that’s too heavy on their own, and so are prone to sprain, strain, or muscle tear. There is no harm in asking for help with objects that are difficult to lift. Overexertion can happen when lifting, pushing, pulling, holding, carrying, or throwing objects. Repetitive strain injury (RSI) describes damage and pain caused by repetitive movement and overuse and is not limited only to computer and keyboard operators.

Horrific accidents can occur when operating heavy machinery.

Unfortunately, and sometimes tragically, on building sites, factories, industries and farms, the body can be hurt by machines.  Common injuries associated with machines are crushing, cutting, shearing, puncturing, abrasion, burns, tearing, stretching or a combination of two or more of these. Other common injuries include electric shock, hearing loss and ill health from the release of hazardous substances or lack of oxygen.

Crash and impact injuries may involve vehicles, machines, or workplace machinery, but are usually associated with employees driving motor vehicles for work purposes. Again, seek medical attention immediately, and then talk to our experienced compensation team.

Fatigue, Stress and Distraction.

To recover from gruelling manual labour, it is essential that employees take adequate breaks. Not doing so can lead to a spate of physical issues, including atrophy and general exhaustion. The results of either of these can be far more devastating than taking a 10-minute breather. Fatigue, stress, and tiredness in the workplace can lead to exhaustion, inattention, and eventually a workplace injury. Even well-rested employees can grow fatigued while on the job, so employers must ensure employees take breaks at regular intervals.

Employees who aren’t in the right state of mind or physically sound for a job are more likely to be injured. Distractions in the workplace are like being fatigued and stressed. It’s impossible for workers to perform their jobs to their full potential if they are distracted. It isn’t uncommon to hear stories of workers injured at work because they were distracted while on the job.

Hazardous Materials

Improper handling of hazardous materials or not wearing personal protective equipment (PPE) is a common cause of accidents in the workplace., and can result in chemical and burn injuries. By reading material safety data sheets and providing the appropriate protective attire, workplace incidents can be avoided. Abrasive or hazardous chemical exposure can risk skin or eye reactions and potentially more severe injuries. Employers should ensure employees who work with hazardous chemicals have the appropriate safety equipment like goggles and gloves.

Poor Housekeeping in the work environment.

Everyone is entitled to a safe workplace;

Inadequate lighting is often overlooked when attempting to prevent accidents in the warehouse or workplace.

Trips and Falls may be attributed to slick floors and high-traffic corridors and Improper footwear. They account for 33% of all personal injuries, a top cause of all workers’ compensation claims. Common issues are head, back, and neck injuries, broken bones, cuts, sprains, and pulled muscles. Workers who sustain injuries while in the line of work may be entitled to make a workers’ compensation claim for their damage. It’s vital to get in touch with us as soon as possible.

Lack of safety equipment, poor training and inadequate safety procedures may contribute to accidents with physical and emotional impacts on workers while creating significant financial implications for the employer too.

Workplace Violence and Bullying

Sadly, violence among co-workers has become all too common. It is usually brought about by office politics or other sensitive issues. Integrating conflict resolution and peer mediation can help to reduce the risks of such outbursts. Overworking, stress, and workplace bullying can cause severe and lasting psychological injuries.

Not sure if you are eligible for compensation?

In our experience, you will be more than likely entitled. Our expert personal injury lawyers in Brisbane & QLD can help now. PHOENIX LAW & ASSOCIATES run claims on a No Win-No Fee Basis. CALL US NOW +61 (07) 3180 0908 | 1800-GET-HELP |e; |Level 16  300 Adelaide Street, Brisbane QLD.

호주 경제 회복을 지원하기 위한 임시 비자 설정 강화

호크 장관은 호주의 코로나 복구를 지원하기 위해 다음과 같은 비자 소지자들에게 지속적인 지원을 한다는 뜻을 언론에 내비쳤습니다.

Enhancing temporary visa settings to support Australia’s economic recovery
The Morrison Government is continuing to make a range of visa enhancements in support of Australia’s COVID-19 economic recovery.

기술이 숙련된 졸업생 (Skilled Recognised Graduate) 467 비자 – 국경 제한으로 인해 시간을 잃은 공학 졸업생들에게 24개월 연장. 이것은 기존의 18개월과 6개월이 더 합쳐진 것입니다.

교육 (training) 407 비자 – SC 407 비자 소지자분들 (secondary SC 407 visa) – 호주에서 일할 수 있는 권한을 주는 임시 비자 소지자 (TVH)는 호주 경제의 어떠한 부문에서 근무하는 경우 6-12개월동안 비자신청료를 지급을 안하고 비자를 이용할 수 있습니다.

이러한 새로운 TVH조항들은 다음과 같은 조항들을 충족해야 합니다:
• 2022년 2월 21일 이번에 호주에 거주했던 분들, 또는
• 2022년 2월 21일 이후 호주에 도착하여 연방에서 지원하는 노인복지 서비스로부터 취업 또는 취업 제안을 받으신 분들.

이러한 TVH에 해당되는 분들은 기존의 비자가 만료되기 90전까지 이러한 비자를 신청할 수 있으며, 다음과 같은 주요 부문에서 근무하지 않는 경우 최대 6개월을 거주할 수 있으며 만일 다음과 같은 주요 부문에서 근무를 하신다면 12개월 동안 호주에 체류할 수 있습니다:
• 농업
• 식품가공
• 건강 케어
• 노인복지 서비스
• 장애인 복지서비스
• 육아
• 관광 및 환대산업

전체 기사를 읽고 싶다면 장관님의 사이트를 통해서 읽으실 수 있습니다..

Mi propiedad bajo contrato se inunda – 2 de marzo de 2022.

Trágicamente en este momento, muchos residentes del Estado del Sol (Queensland) tendrán que lidiar con problemas de inundación; y si usted está comprando o vendiendo puede estar preocupado con razón. Por favor, póngase en contacto con nosotros inmediatamente para obtener información específica

LLAME AL 0732362852 o al 1800GETHELP o envíe un correo electrónico a Tenga en cuenta que lo que sigue es sólo información general, y le instamos a que se ponga en contacto con nosotros, para que le ayudemos, lo antes posible.

No existe un derecho automático a rescindir un contrato porque el inmueble haya sufrido daños o se haya visto afectado por una inundación o un ciclón después de la firma del contrato. Esto se aplica incluso cuando el edificio de la propiedad está tan dañado que debe ser demolido. La mayoría de los contratos estipulan que el riesgo de que la propiedad sufra daños se transfiere al comprador en el momento de la firma del contrato o poco después (una excepción habitual son los contratos “sobre plano”, en los que el riesgo no suele transferirse hasta la liquidación).

Esto significa que el comprador debe liquidar y pagar el precio completo. El comprador puede tener derecho a reclamar con su propio seguro, siempre que los daños por inundación o ciclón estén cubiertos. Puede darse una excepción en circunstancias en las que el vendedor no haya tomado medidas razonables para proteger la propiedad contra los daños por inundación (por ejemplo, si los daños podrían haberse evitado si el vendedor hubiera puesto un saco de arena en la propiedad). Esto dependerá de las circunstancias individuales.

¿Existe un contrato vinculante? En primer lugar, hay que considerar si se ha formado el contrato (esto suele ocurrir cuando el vendedor acepta la oferta del comprador y notifica la aceptación al comprador o a su abogado). Hasta que esto ocurra, el comprador es libre de retirar su oferta y recuperar los depósitos. Aunque el contrato se haya formalizado, el comprador sigue teniendo derecho a ejercer un periodo de reflexión de 5 días.

¿Cuáles son las obligaciones del vendedor? A menos que se modifique, las condiciones estándar de los contratos de compraventa prevén que el riesgo de la propiedad pase al comprador una vez que se haya formalizado el contrato. Por lo tanto, la posición general es que, tras la celebración de un contrato, el vendedor está obligado a cuidar razonablemente de la propiedad hasta la liquidación.

Esto significa probablemente que un vendedor estará obligado a retirar el agua y el barro de una propiedad inundada para evitar más daños. Sin embargo, el vendedor no estará obligado a realizar reparaciones (por ejemplo, sustituir las alfombras o volver a pintar) antes de la liquidación. Sin embargo, el hecho de que el vendedor no limpie la propiedad tras la inundación sólo dará derecho al comprador a una indemnización y no a la rescisión.

Contratos condicionales – Como se ha mencionado anteriormente, los compradores con un periodo de reflexión pueden rescindir un contrato por cualquier motivo con una penalización del 0,25% del precio. En el caso de algunos contratos, el Comprador aún puede tener derecho a rescindir el contrato, si éste aún está sujeto a una inspección del edificio y la inspección se produce después de la inundación y el Comprador no está satisfecho. Puede haber otras condiciones en las que el Comprador pueda tener derecho a rescindir el contrato, por lo que tendrá que consultar a su abogado inmediatamente.

Contratos incondicionales – El artículo 64 de la Ley de la Propiedad de 1974 (Qld) (PLA) permite al comprador rescindir el contrato si una “vivienda” (incluidas las unidades) no es apta para ser ocupada como vivienda antes de la fecha de liquidación. Los daños causados por las inundaciones no equivalen automáticamente a “no apto para la ocupación”. Por lo tanto, los vendedores deben obtener un informe de inspección del edificio independiente que concluya que la vivienda es apta para ser ocupada. Las partes pueden solicitar una prórroga para la liquidación, a fin de que la vivienda cumpla con el artículo 64 de la Ley de la Propiedad.

Financiación – ¿Su prestamista financiero exigirá una nueva valuación para una propiedad afectada por las inundaciones? Si la nueva valuación no es satisfactoria, el prestamista puede retirar la financiación, poniendo al comprador en una posición en la que no puede llegar a un acuerdo. El comprador debe consultar con su banco o con el corredor si puede financiar su compra. Además, algunas de las instituciones financieras pueden verse afectadas por la catástrofe natural, por lo que tendrá que verificar si son capaces de organizar su financiación y proporcionar los fondos necesarios para la liquidación a tiempo.

Seguro; Si los compradores han contratado un seguro después de firmar un contrato, deberán consultar con sus corredores de seguros si están cubiertos por las pérdidas ocasionadas por las inundaciones. Muchas compañías de seguros tienden a no ofrecer seguros de inundación para las viviendas situadas en zonas de inundación conocidas. Si el comprador no está asegurado, es posible que cuente con cierta protección en virtud de la póliza de seguro del vendedor hasta la posesión o la liquidación. Los compradores pueden estar en una situación en la que tendrán una factura de reparación sustancial.

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