Gold Coast Holiday Rental - How Do We Challenge New Laws?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

paula

Member
13 June 2014
1
0
1
My partner and I have a number of properties on the Gold Coast and we let them out as short term rentals, usually a weekend or under a week. The state government has now introduced some type of law whereby we are now being classed as "party houses" and we are possibly going to be fined for letting out these properties if there are instances of loud noise or street parking problems etc.,

What my partner and I have decided to do now in consideration of the investment funds we have involved in these properties is to mount a class action challenge against these new laws. Why should we be treated an differently than other rental type properties?

So we need to know what we need to do to mount this class action involving other like minded holiday rentals property owners and what type of law firm do we need.

Thank you
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
342
100
889
Ballarat, Victoria
Paula, class actions can be complicated and relatively costly and specialised. Generally you need at least 7 others to be involved with you, plus there are some other requirements.

Anyway, type in class action lawyers in your area into a google search and a few at least should come up. Give them a call and see if anyone can or will assist you or steer you in the right direction.
 

James D. Ford - Solicitor

Well-Known Member
LawConnect (LawTap) Verified
Hi Paula

How are you going with your effort to launch a class action?

I suggest you contact the QLS - Queensland Law Society (qls.com.au) as they advocate for, and work to protect the welfare of, the legal profession and community regarding current public issues, legislation and potential areas of law reform.

QLS makes submissions to government and other parties highlighting issues and calling for change based on expert advice received from QLS committees.

I cannot see

My view is that if the new laws are passed, you will have no choice but to make changes to your short term rental agreements and increase the amount required as a holding deposit to protect yourself from potential liability.

You will also need to lobby the GC Council to ensure your properties are not placed within a designated ‘party house restriction area’ in the local planning scheme so your properties earning potential is not restricted. The impact such a change would have on your property values is debatable, as they could go either way.

Kind regards