Granny Flat Exemptions - Capital Gains Tax

The Federal Government has recently announced that it will be providing a targeted Capital Gains Tax (CGT) exemption for granny flat arrangements, which is expected to commence as early as 1 July 2021, (subject to the passing of legislation to put the exemption into effect). ... ... read more »

Do-gooder or Deviant? Intention matters in sexual assault trials

Introduction In  R v Jones [2011] QCA 19, the appellant had been convicted in the District Court at Mount Isa of sexual assault.  He appealed to the Court of Appeal.  On appeal, he argued that there had been a miscarriage of justice because the trial judge had directed the... ... read more »

Commercial Leasing Principles During COVID-19

National Cabinet Mandatory Code of Conduct: Commercial Leasing Principles During COVID-19[1]  The Code is a set of overarching principles to guide arrangements and negotiations between landlords and tenants. The Code will be enacted and regulated via state and territory... ... read more »

Police Powers and Responsibilities Act "safeguard" provisions: an under-utilised device in the criminal lawyer's kitbag

In July 2014, the appeal decision of Bismark v Queensland Police Service [2014] QDC 152 was delivered in the District Court at Mount Isa.  It was an appeal against convictions, the appellant having earlier been found guilty in the Magistrates Court. The occupants of a house... ... read more »

Communicating with your solicitor: a "reasonable excuse" for not providing police access to your phone

Barbaro v Queensland Police Service [2020] QDC 39 was an appeal which was allowed on 20 March 2020. The appellant was convicted of an offence under s 205A of the Criminal Code for contravening an order about providing device information in relation to a digital device. ... ... read more »