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QCAT one day training event

Special event

More information and or register here

QCAT - BASICS TO BRILLIANCE

ONE day special event

Cricketers Club - The Gabba 411 Vulture Street, Woolloongabba
19th May 2017 9am to 4pm
Morning tea and working lunch included
Free parking at the venue

Stacey Holt from Real Estate Excellence will present the day focusing on what every property manager should know about QCAT (the basics) and working the way through to Brilliance.

The session will include the following;

  • What is an urgent and non urgent application?
  • QCAT Form 2 urgent and non urgent application completions for two of the common scenarios in this industry; rent arrears termination and dispute about bond (vacate).
  • The most common sections of the Act that should be cited in the application to QCAT
  • Steps that should be taken if a tenant makes an application
  • Time frames and the law for QCAT application
  • Preparing for QCAT including tips on how to prepare a winning application
  • Understanding QCAT published decisions and appeals
  • Case studies of QCAT decisions and appeals and how to use the precedents

 Please email This email address is being protected from spambots. You need JavaScript enabled to view it. if you have any questions.

Morning tea and working lunch is included - please advise in writing of any dietary requirements prior to the event.

If you wish to register manually and save the online booking fee, email This email address is being protected from spambots. You need JavaScript enabled to view it. the name and email of attendees.

Payment methods are direct deposit, cheque or credit card using paypal online or pay by credit card online via invoice provided by  Real Estate Excellence. You do not have to use paypal. If you wish to pay via credit card, paypal can be used OR you can request an online payment via invoice. If you prefer to pay by direct deposit, credit card (not using Paypal)  or cheque, simply click on other payment options when completing the online registration form.

realestate.com.au v Domain: misleading statements that ‘brought the house down'

Sourced from www.mondaq.com March 14 2017

 

Last Updated: 12 March 2017
Article by Catherine Ballantyne
 
In brief: A recent dispute between two well-known media players illustrates the need for businesses to carefully word advertisements and accurately document achievements or they could be considered misleading or deceptive.
 

What you need to know:

  • Be careful to be accurate in all forms of advertising.
  • When stating you have "the most" or are the "highest rated" you need to be able to provide evidence on how you have come to this conclusion.
  • If you use an asterisk to qualify your advertisement, make sure that both it and the content next to the asterisk are easy to see and read.

Background

In the recent case, REA Group Limited ("REA") v Fairfax Media Limited ("Domain")[2017] FCA 91, Domain was found to be in breach of the Australian Consumer Law (ACL) for making misleading and deceptive representations (or representations likely to mislead and deceive) in two of a number of advertisements run in February 2016.

The advertisements in question promoted the Domain app as being the best, most highly rated app, with the most listings, in contrast to competitor apps such as REA's realestate.com.au app. The decision turned largely on an analysis of:

  • how a largely uninformed cross section of the public would respond to the advertising; and
  • whether the claims could be dismissed as "puffery", which is common within the advertising industry.

The Court held that the advertisements had to be considered through the eyes of:

  • members of the public with an interest in the property market in NSW, Victoria and Queensland; and
  • real estate agents who lease or sell property in NSW, Victoria, and Queensland.

A licensee advised that his rent roll was worth nothing – why?

I had the recent unfortunate experience of sitting with a licensee who had his rent roll valued for personal reasons, and was advised his rent roll was of no value. The advice provided to the licensee was legal advice and is dependent on each circumstance.

Why?

A simple, but easy mistake made by his staff in signing up investors on the PO Form 6. Part 7 commission stated plus GST amounts instead of the required including GST. The commission and fees should include GST. Refer to the Government notes on the form.

The licensee took the required responsibility acknowledging he did not audit and supervise his staff. The outcome was the redoing of over 400 management agreements to rectify their error.

Mainly due to the above experience, I am presenting a Business and career health check training throughout Queensland over the coming months with one session in each area. This event will focus on three key audit procedures for the business;

  • File audits – what to look for when auditing files

  • Procedures audits – key procedures the agency should have for their business

  • Routine inspections and maintenance audits – risk management, best practice and compliance procedures

I will teach and remind licensees and their staff of key procedures that should be in the agency and how to self audit.

This event could save you a lot of grief, time and money in the future.

For more information, visit here and scroll down the events to find your location.

 

Why the without grounds provision should not be removed

Queensland legislation

There has been a long history of Tenants Queensland (previously known as the tenants union) wishing for the without grounds provision to be removed from tenancy law. Read more information on this matter here

Section 291 clearly sets out when a notice to leave without reason cannot be given to a tenant.

Section 292 protects tenants who believe a lessor has contravened the provision.

Therefore, there is no need to add increased legislation unnecessarily.

Investors should continue to have the right to lawfully terminate a tenancy without reason. If investors comply with legislation, a lessor should have the right of possession without having to state a reason.

If you agree the without ground provision should not be removed from Queensland legislation, email the RTA to express your view and why. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

291 Notice to leave without ground

(1) The lessor may give a notice to leave the premises to the tenant without stating a ground for the notice.

(2) However, the lessor must not give a notice to leave under this section because—

(a) the tenant has applied, or is proposing to apply, to a tribunal for an order under this Act; or

(b) the tenant—

(i) has complained to a government entity about an act or omission of the lessor adversely affecting the tenant; or

(ii) has taken some other action to enforce the tenant’s rights; or

(c) an order of a tribunal is in force in relation to the lessor and tenant.