From the 28 February 2012, the management of duplexes is regulated under The Body Corporate and Community Management (Specified Two-lot Schemes Module) Regulation 2011. The purpose of the new module is to make the day-to-day management of duplexes less complex for owners. Previously, duplex buildings were regulated by the Body Corporate and Community Management (Standard Module) Regulation.

This meant all decisions had to be made at a formal body corporate meeting using a voting process.
There is no requirement under the new module to elect a committee and all decisions can now be made by lot owner agreements.

Lot owner agreements must to be in writing, dated and provide details of the agreed matter.
The Specified Two-lot Schemes Module will apply to any community titles scheme (CTS) if the lots are residential, if there is only two lots in the scheme, and if the community management statement (CMS) identifies that the specified two-lot scheme applies.

Where there is a letting agent or the scheme is part of a layered arrangement of a CTS, the Two-lot Schemes Module will not apply. Lot owners can be represented by an authorised person who will have the same functions and powers of an owner to deal with relevant body corporate matters.
The representative must give the other lot owner a copy of the document that authorises the representative to act with the owner’s capacity. A Body Corporate Manager or a service contractor is not entitled to be a lot owner representative.

Lot owners can still engage the services of a Body Corporate Manager, however, the term of engagement cannot be any longer than 12 months. There is still a requirement to keep records and either a lot owner, representative or body
corporate manager must be appointed for that purpose via a lot owner agreement. The lot owners are to have reasonable access to the records and access is to be available to other interested persons at a prescribed fee.

Financial matters are dealt with using lot owner agreements. Funds can be kept in one or more accounts with a financial institution, however, the accounts must be in the name of the body corporate. Under the new module, the body corporate is no longer required to provide annual budgets, levy contributions, establish administrative and sinking funds, or prepare annual statements of accounts. The Body Corporate is still required to insure common property and assets to the full replacement values and take out public risk insurance.

Each lot owner is liable to make contributions for expenses which are referred to as ‘agreed body corporate expenses’. An ‘agreed body corporate expense’ is an item of expenditure that the body corporate has decided, by a lot owner agreement, to incur. If a lot owner receives a written notice of an agreed body corporate expense (e.g. tax invoice for maintenance work), that owner may give the other lot owner a notice of contribution. The notice must state the total amount payable, the proportion to be contributed and the date for payment. The contribution notice must be delivered as soon as practicable after receiving the notice of the agreed body corporate expense.

Where a lot owner defaults on a payment (defaulting owner), the other lot owner can make the payment on their behalf (contributing owner). The contributing owner can recover the amount as a debt as well as any penalties or costs incurred as a result of the defaulting owner not paying their contribution.

Alternatively, the body corporate can recover the amount owed by the defaulting lot owner as a debt.
In order to change from the Standard Module to the new Specified Two-lot Schemes Module, there must be a general meeting to vote on the proposed change and to record a new CMS.

The voting paper must accompany a BCCM Form 19 which outlines the effect of a change in the regulation module. Duplex owners will still have access to the Office of the Commissioner for Body Corporate and Community Management’s dispute resolution service under the new Specified Two-lot Schemes Module.

If you require any further information about the Specified Two-lot Scheme Module or would like assistance changing our existing duplex to the new scheme, please contact our office for an appointment.

Justice McMeekin has had a long association with Macrossan & Amiet as prior to becoming a Judge, he was originally a barrister in Rockhampton and then Senior Counsel in Rockhampton and then Brisbane, who was regularly briefed on Court matters by the firm. In fact, Justice McMeekin attended Queensland University at the same time as Patrick Carroll, partner of the firm.

Moving his son’s admission, John Formosa, made the following comments about previous children or relatives of partners completing their training at Macrossan & Amiet.

“Whilst completing his training, Paul has received a good grounding in the various areas of the law over the past 16 months with Macrossan & Amiet, and he has also carried on a very long tradition in our firm with regard to children and relatives of partners completing their practical legal training in the firm. Your Honour will recall only 2 years ago our Senior Partner, Gene Paterson, moving the admission of his daughter, Georgina, before you.

Prior to that, both Patrick Carroll and his brother Gregory Carroll, completed their articles with the firm whilst their late father, KJ Carroll, was a partner and in fact, their father KJ Carroll, completed all of his studies and articles of clerkship with his uncle the late, Mr WA Amiet. So this has been a tradition in our firm for about
70 years.”

Also attending Paul’s admission ceremony and providing him with support was his mother Kate, sister Maggie, senior partner of the firm Gene Paterson and Senior Counsel Graham Crow of Rockhampton.
We wish Paul well in his future as a lawyer with our firm and trust he meets all challenges that face him both in work and personal life in the future.

Born and raised in Mackay, Erin is the eldest of four children and the first in her family to graduate from university.

Erin completed her university studies at James Cook University in Townsville, and was awarded the Butterworths Book Prize and O’Shea & Dyer Family Law Prize for her academic achievements.
Erin says the decision to become a Solicitor was initially inspired by legal studies at high school. However, her family thinks being a Solicitor is the perfect job for Erin, because she gets to do her two favourite things- talk a lot and tell people what to do. At least this way her skills are put to good use!
According to Erin, the best thing about being a Solicitor is being able to help people during important, although sometimes stressful, times in their lives. Erin’s particular strengths lie in her honesty, her professional ability and her personable approach to each and every client.

If she hadn’t have become a Solicitor, Erin says she would have liked to have followed a more outdoors career path, maybe by becoming a professional archaeologist or the next tomb raider!
Since her admission, Erin has focused on commercial, banking and property law, these being particularly relevant to the local area. Erin’s areas of expertise include all types of property transactions, business transactions, leasing, wills and estates, and a particular interest in body corporate law.
When not at work, Erin can be found playing premier league netball and spending time with her husband and young sons Riley & Jack. She also enjoys overseas travel, watching sport and movies and catching up with friends.

Upon her return to work on 18th January 2011 after a period of Maternity leave, Erin was appointed as Associate to Macrossan & Amiet Solicitors.

Area of Expertise:

• Banking & Finance
• Commercial Law
• Corporations Law
• Property transactions
• Body Corporate Law

Vince has always been fascinated by the court process ever since he watched his brother-in-law in court when he was a young boy and regularly appears for clients in the Magistrates Court, District Court and Supreme Court.

Vince loves meeting people from all walks of life through his job and he enjoys being able to help them on their journey by explaining the legal issues so that they can then make an informed decision on their situation. His biggest reward comes every time a client says thank you.

Vince started his legal career in Mackay over 35 years ago and postively says that his best years are still ahead of him. When away from work, Vince is a keen follower of sport on the TV and remains involved in the local cricket competition.

Area of Expertise:

• Criminal Law
• Driver Licence Issues
• Traffic Offences (Work licences and special hardship orders)
• Drug Charges
• Assaults/Violence Offences
• Domestic Violence Applications
• Fraud/Dishonesty/Theft Offences
• Sexual Offences
• Weapons Offences
• Estates and Wills
• Residential Conveyancing
• Powers of Attorney

During his law degree, Steven was offered a position as a law clerk with Macrossan & Amiet during University vacation periods. 

After spending several stints with Macrossan & Amiet during his degree, Steven elected to commence his solicitor’s traineeship with the firm in 2006.  Steven was admitted as a solicitor of the Supreme Court of Queensland on 20 April 2007.

As a Mackay local, Steven is pleased to have secured a position with such a highly regarded local firm, that has a wealth of legal experience shared between its practitioners.

Steven works primarily in areas of general civil litigation and criminal law.

When Steven is not at work, he enjoys sporting pastimes including cricket, touch football and watching the National Rugby League.

Area of Expertise:

• Residential Conveyancing
• Criminal Law
• Civil Litigation
• Debt Collection
• Wills and Estates

Tanya spent most of her childhood in Proserpine, in the Whitsundays, and was delighted when she was offered a position with Macrossan & Amiet’s Mackay office, having always wanted to return to the region to practice.
Having wanted to become a solicitor for as long as she can remember, it was a great thrill for Tanya when she graduated from James Cook University, in Townsville the first member of her family to graduate from university.

As a solicitor, she loves being able to help people find solutions to their problems and prides herself on being hard working, honest and loyal. She is also a good listener, a skill that bears her in good stead in her profession.

Tanya is a good all-rounder and says if she hadn’t chosen law as a profession, she would be either a psychologist, an accountant or running her own cattle property!

When not at work, Tanya’s young daughter “keeps her on her toes” and spending time with her family is a priority. She also enjoys reading, fishing and a nice glass of wine.

He has been involved for many years with Brothers Bulldogs Junior Rugby League and the development of facilities for junior sport in Mackay. He has maintained an interest in thoroughbred horse breeding and racing, notwithstanding ownership of a large number of slow horses.

Area of Expertise:

• General civil litigation
• Criminal law
• Partnerships
• Resumptions
• Estates and wills
• Residential conveyancing
• Total and permanent disability claims

Area of Expertise:

• General Civil Litigation
• Criminal Law
• Family Law
• Partnerships and Trusts
• Sugar cane and other rural transactions
• Estates and Wills
• Conveyancing

Damian is a Mediator and Grade 3 Arbitrator accredited with the Institute of Arbitrators and Mediators Australia. He is also a Law Society Approved Mediator and Court approved Mediator and Case Appraiser.
Damian is a Board Member of the Good Shepherd Lodge and Vice President of the Mackay Branch of the Leukaemia Foundation. He is also Secretary of the Macrossan & Amiet Charitable Foundation.

Damian’s outside interests include tennis and operating his small grazing property Vonterry at Pinevale.

Area of Expertise:

• Family Law
• Residential, Rural and Commercial Conveyancing
• Estates and Wills
• Land Resumptions
• Alternative Dispute Resolution

John has a number of outside interests including boating and fishing. He is honorary solicitor for many sporting and other organisations and is interested and involved in the rights of, and services for the physically and intellectually handicapped. John is married to Kate and has five children.

Area of Expertise:

• Rural and Sugar Cane transactions
• Sugar Law
• Finance
• Trust
• Company purchasers
• Family and Partnerships re-arrangements
• Estates and wills
• Conveyancing
• Town Planning
• Environment and Local Government