Agricultural & Rural

For those of you who are landlords, there are new reforms in effect in Queensland. These reforms apply to all residential tenancies and include any house rentals, caravan rentals or rooming accommodation.

As communication methods change, it is crucial to recognise that any form of communication (even a simple emoji) can potentially establish a binding contract. It is important to be mindful of this fact and be cautious when engaging in any form of written communication.

Whether it is a casual email or a brief text message, it is important to understand that these modern modes of communication hold legal significance and can carry legal implications and consequences.

Agricultural property can be held by landowners a few different ways.  It’s important for those landowners or those wanting to become landowners to know the differences and their rights and obligations.

The occupation of land in Queensland may be defined under two broad tenure headings:-

1.    Freehold, and

2.    Leasehold.

It is not uncommon for friendly neighbours to allow access over their land from time to time on an informal “handshake” arrangement. Whether it be for a track to run through the neighbour’s land to allow better access to an area you own or for you to lay a pipe down to irrigate from a nearby creek.

In the last article we discussed what rights and obligations you had as a landowner to deal with residential tenants’ property after they moved out. Now we will explore what landowners’ rights (and obligations) are when a commercial tenant for farmland leaves property behind on your land and what you can (or can’t) do with it.

Today, we will explore what landowners’ rights are when a tenant leaves personal property behind on your land and what you can (or can’t) do with it.

War Story: John has an investment property that he rents to a young couple

In late December, the young couple’s tenancy agreement came to an end, and they subsequently vacated the property…

Karen’s son Paul had a drug habit. She left her estate to him on her death hoping he would use the money to undertake the drug rehabilitation programs he always promised to…

In the last four articles we discussed what information a Seller should disclose to a Buyer when selling property and the potential consequences of failing to do so. In addition to the points already discussed, Sellers and Buyers should also take note of the following where the property being sold/purchased includes a dwelling with a swimming pool..

In the last two articles we discussed what information a Seller should disclose to a Buyer when selling property and the potential consequences of failing to do so. In addition to the points already discussed in the last two issues, Sellers and Buyers should take note of the following…

Two recent cases in the media involving squatters have demonstrated how things can go wrong when you don’t take the proper steps to protect your property rights.

On 2 June, the Federal Court found that the Commonwealth Government was liable to pay compensation to Brett Cattle Company Pty Ltd and others for the unlawful Ban Order placed on live cattle exports to Indonesia in 2011.

Relief for COVID-19

More than 6000 farmers, businesses, tourism operators, community and sports clubs won’t have to pay State Land Rent for 6 months of this year under a series of measures to protect Queensland businesses and jobs during the COVID-19 pandemic.

In August, 2017 a freight train collided with a truck at a Private Crossing on the Wagoora-Yalboroo Road while travelling north of Mackay. The truck did not see the oncoming train and crossed the Private Crossing and was struck. The truck driver did not survive.

If you have ever looked into the rules on this, it may have been a confusing experience! Fortunately, farmers’ interest groups have gone to an extensive amount of effort over recent years in order to ensure that the number of permits that you require from May 2019 might now simply be “zero”.

It is so important to have a well-drafted Will, in order to ensure that upon your death, your farm, hard earned money, and other assets: a) Pass to the people you want; and b) Support your beneficiaries’ needs (such as a surviving spouse or children) in the way you want ..

The Department of Agriculture and Fisheries (“DAF”) and Queensland Rural and Industry Development Authority (“QRIDA”) have announced assistance packages for those Primary Producers affected from the recent fires that occurred between 30 November to 6 December in our region.

Last month we discussed the vendor financing option for those farmers transferring their farms onto their children and allowing their children to pay off the price over time.

Today, it is estimated that Australia has up to 24 million feral pigs. The Biosecurity Act 2014 protects Queensland’s economy, biodiversity and people’s lifestyles from the threats posed by invasive pests and diseases. Invasive pests include feral animals which impact on our native ..

Earlier this year we launched our “Succession Planning” series. Our first two columns started with the basics and raised questions you should be considering when making your succession plan. You can review these here: Part One (/news/to-transfer-or-not-to-transfer-when-is-the-right-time) and Pa..

Earlier this year, we launched the Part One of our series on Succession Planning. (/news/to-transfer-or-not-to-transfer-when-is-the-right-time) This issue, we shall explore the options you have if you would like to transfer your farming business all at once (as opposed to over time). ..

There has been plenty of media on the new Vegetation and Management Laws that were passed by Parliament on 3 May this year. These new laws may have a great impact on many farmers’ ability to clear and manage their land in the future. The commencement date of these new laws is yet to be advi..

As the saying goes, “if you fail to plan, then you plan to fail!” This too applies to succession planning for farmers For all the baby boomers out there, your retirement plans and succession planning may be (or perhaps should be) already in order. Some of you may have this on y..

The Personal Property Securities regime was introduced in January, 2012 and bought with it a number of complications and headaches for small businesses including cane farmers. Recent amendments to the PPS regime have reduced red tape and McKays sees this as a win in reducing the paper ..

The State Government has introduced new mediation laws in Queensland to provide an alternative solution for farmers when struggling to comply with their bank’s mortgage terms. This is a great alternative from having to engage in expensive and drawn out legal battles that could lead to their fina..

There has been a further extension on the transfer duty (more commonly called ‘stamp duty’) concession for the transfer of family businesses of primary production that was released on 23 December, 2016. The great news is that this concession now covers Water Allocations! Before expl..

Don’t become the “Hunted” because of Pig Hunters! You only have to take a drive around Mackay to see the number of well equipped, off-road vehicles decked out with pig-hunting cages, to know that the sport is becoming increasingly popular. The problem is, there are a growing number..

Farmers affected by water rights changes in the Mackay Region Water… humans and animals cannot live without it; you certainly cannot grow crops without it; in fact, some University professors predict that World War III will be fought between countries over it! We are not qui..