STAFF PROFILE
STEPHEN FLEMING
What is your legal background?
I have degrees in commerce and law from UQ. I completed my articles at the Brisbane
office of the national firm, Blake Dawson Waldron. After my admission to practice
as a solicitor in 1996, I stayed on at ‘Blakes’ as an insurance litigator. I toiled
at that for about two years before deciding that it wasn’t for me and went backpacking.
When I came home, I decided to try a very different kind of practice and ended up
working for a sole practitioner at Robina on the Gold Coast. That was great experience,
because in that situation you basically have to do anything and everything that
comes through the door. It taught me a lot. I returned to my home town in late 2001,
when I joined Rees R & Sydney Jones. Since that time, I have practiced exclusively
in the commercial area, with a focus on commercial property transactions.
What do you enjoy about your job?
The thing I enjoy most about my job is helping clients solve their problems. I get
a real kick out of coming up with a strategy that generates a better than average
outcome for a client. I also enjoy dealing with the intricacies that the law constantly
presents. There’s never a dull moment.
What are your interests outside of work?
I have two main interests outside of work and, unfortunately, they tend to clash
a bit at times. My number one priority is my young family. I have two daughters,
aged 7 and 9, who like to spend a lot of time doing “girlie stuff” like craft and
sewing. I, on the other hand, love anything to do with the outdoors, especially
beach activities like surfing and fishing. Sometimes it’s hard to find a decent
balance. The other thing that really I like doing is designing and building houses
– it’s a stressful and costly habit that my wife and I just can’t seem to give up.
To contact Stephen Fleming via email please
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FAMILY LAW
A divorce effects the content of any will made prior to the annulment of a marriage.
It does not mean however that the will is automatically null and void.
In a will made before a divorce the succession act provides that any gift of property
to a former husband or wife will be cancelled and of no force or effect.
Any other clauses in the will giving assets to people apart from the former husband
or wife will still have full force and effect.
Any clauses in the will that appoint the former spouse as executor or trustee will
also be struck out.
The act provides that a person can if they desire specifically state in a will that
they still want their former spouse to receive a benefit despite the fact that they
have been divorced.
To contact Paula Phelan via email please click
here
Landlords now able to recover land tax from tenants
The law which for many years prohibited the landlords of commercial and industrial
property from recovering land tax from their tenants has been scrapped by the state
government.
This change to the law offers significant potential benefits to landlords and puts
tenants at risk of significant additional costs. The issue of who pays land tax
will now be a relevant issue for landlords and tenants (and their professional advisers)
to consider and discuss when the terms and conditions of new leases are being negotiated.
It is important to keep in mind that this change to the law only applies to new
leases entered into after 30 June 2009 and to those leases which are not retail
shop leases. In other words, the prohibition continues to apply to pre-existing
leases, to renewals or assignments of those leases and to retail shop leases.
To contact Stephen Fleming via email please
click here
