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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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In the USA, there are designated areas called "Privately

Customer Question

In the USA, there are designated areas called "Privately Owned Public Spaces." I imagine the South Bank in Brisbane could be such an area. In Queensland Law, is there legislation or regulation covering such areas?
Specifically, I am more concerned with the *** *** Marina in *** Beach. I understand the freehold title is owned by *** Pty Ltd ACN *** *** 039. There are two restaurants, two cafes, a bottle shop, and many marine industry shops, such as a ship's chandlery, dive shop, marine electronics shop, helicopter charter booking office, plus public meeting areas for assembly of those going on charter boats to the reef, and, of course, public toilets. The marina is also used as a welcoming base for passengers on cruise ships visiting *** Beach. Many hundreds/thousands use the marina daily.
Another 2 questions: How much "control" does ***have on any person behaving themselves within the precinct of the marina and are they able to "ban" people from the precinct for non offensive behaviour?
Cheers,
Ian ***
*** *** ***
*** *** ***
Submitted: 9 months ago.
Category: Australia Law
Expert:  Brisbane.Lawyer replied 9 months ago.

Hi Ian

The Southbank precinct in Brisbane is covered by its own legislation.

It is possible to privately own via a (99 year lease) property within the precinct.

The Marina in Airlie Beach might be similar, or just a Community Title Arrangement.

A title search for one of the properties in the Marina will tell you the answer.

This can be done online here:

http://www.confirm.com.au/citecConfirm/elearning/land/qld_land_searches.shtml

Once we know the legal foundation of the ownership, and whether there is any special legislation. like there is at Southbank, we can proceed to address you specific question about the "control" by Emprja over the precinct.

Kind regards,

James

Customer: replied 9 months ago.
James,
Thanks for that part answer. Over the next 48- 72 hours I shall endeavour to determine the title structure of **** **** Marina firstly through Queensland Globe and your link above.
The contract between us was for $5.00 deposit with the balance of $93.00 to be debited on a successful outcome for me as the client. I note that an amount of $93.00 has already been claimed and subject to payment by my bank. Be advised that I have not yet authorised such a payment and my bank has been notified. I shall pay that amount as agreed on a successful conclusion. Do not proceed with the $93.00 debit.
Ian ****
**** ****
Expert:  Brisbane.Lawyer replied 9 months ago.

Hi Ian... the financial side is dealt with by customer service.

Rest assured, there is a 100% customer satisfaction guarantee... so if you are not satisfied, if a payment has been processed, it will be credited back to you.

If you are still not happy with this, please let me know and I will request customer service to contact you to discuss.

Kind regards,

James

Customer: replied 9 months ago.
James,As agreed, the balance was to be debited on conclusion, not at the start, so they have breached the contract by claiming the balance nowIan
Expert:  Brisbane.Lawyer replied 9 months ago.

Ian, I agree... however, they refund it if you are not satisifed... do you want me to put you in contact with customer service? Cheers, James

Customer: replied 9 months ago.
James, It might be a good idea to stop any dispute.
You have given me some homework to do in relation to title or various titles at **** **** Marina. As I have previously advised, I shall try to get these answers within 48 - 72 hours, but may be dependant upon others
Cheers,
Ian ****
Expert:  Brisbane.Lawyer replied 9 months ago.

Ok Ian... I have flagged this query for the attention of Customer Service.. please let me know if no-one contacts you.

Kind regards, James

Customer: replied 9 months ago.
James,The titles covered at Abell Point Marina are as follows -Lots 1-3 on SP265779
Lot 2 on SP155841
Lot 290 on CP866394
Lot 102 on SP225395Over to youCheers,Ian Hudson
Expert:  Brisbane.Lawyer replied 9 months ago.

Hi Ian

Thanks for providing the Lot and Plan numbers.

However, for me to determine anything, I would have to pay for titles office searches.. this is what I had advised you to do... above.

This can be done online here:

http://www.confirm.com.au/citecConfirm/elearning/land/qld_land_searches.shtml

Have you searched any of the titles? If not, please do, and advise the legal foundation of ownership... I may need you to send me through the title search results.. but, if you can at least complete the first step, that would be great.

Kind regards,

James

Customer: replied 9 months ago.
OK will do, but give me some time leewayCheers,Ian Hudson
Expert:  Brisbane.Lawyer replied 9 months ago.

Great, look forward to your further info.. Cheers, James

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