The recent action taken by Australia’s consumer watchdog, the ACCC, against Europcar is a reminder for all business owners to ensure they are not charging “unreasonable” credit card surcharges. The Australian Competition & Consumer Commission (ACCC) has started proceedings in the Federal..
Read MoreThe Court decided that a worker who was supplied through a labour hire company as a casual truck driver to a mine in Queensland was not in fact a casual employee under the Fair Work Act. As a result, the employee was held to be a permanent full-time employee entitled to annual leave and a payment in lieu of notice when his employment ended.
Read MoreOwners of private and local government buildings in the Mackay region must meet new state-wide obligations to undertake a mandatory three stage process to identify if a building has ‘combustible cladding’.
Read MoreThe general position is that it is legal for a person involved in a conversation to record that conversation, irrelevant of whether that conversation is face-to-face, via telephone, or via electronic means. The other party to the conversation does not need to know that they are being record..
Read MoreThe short answer is yes. We strongly recommend that if you are contacted by the Police Service that you speak with a lawyer before answering any questions. If you are approached by a police officer in a public setting, you are only required to provide them with your name and current add..
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.
Read MoreA common misconception is that a trade mark is the same thing as a business name, company name or domain name. It’s not. Business, company and domain names, and trademarks are four distinct identifiers that serve different purposes in the marketplace and registration of them accords mar..
Read MoreToday, 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 ..
Read MoreGiven the spate of insolvencies in the construction industry, it is unsurprising that we have acted for a number of contractors who have received correspondence from liquidators: asserting that certain payments made to the particular contractor represent an “unfair preference”; and demandin..
Read MoreIf you are in business, it would be normal for you to enter into contract arrangements with different parties as part of your general operations. Common types of contracts that business owners may encounter include supply contracts with suppliers and customers, leasing agreements with landlo..
Read MoreFor contracting businesses operating in the mining industry, Contracts and Purchase Orders are just day to day business. You may accept a Purchase Order without even reading the terms and conditions attached.
Read MoreComments you make on Facebook, as innocent as they seem, can cause significant damage to someone's reputation. We regularly see issues arising from people posting comments on Facebook without thinking about the potential legal consequences. Take a recent case between a separated husband..
Read MoreThe Fair Work Commission (FWC) recently dismissed an unfair dismissal claim brought by an ex-employee of a small business that sells bathroom supplies and fittings*. In rejecting the application for unfair dismissal, the Commissioner observed: “It appeared much of the issue for Mr Kh..
Read MoreEarlier 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..
Read MoreBeware when signing Form 15 – you may be personally liable In a recent case the Queensland Court of Appeal held an engineer personally liable for signing an incorrect Form 15 (compliance certificate for building design or specification). The exact damages payable are yet to be decided but co..
Read MoreEarlier 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). ..
Read MoreFrom 1 July, 2018, buyers of "new residential premises" or "new residential subdivisions" will be required to pay 1/11th of the purchase price to the Australian Taxation Office (ATO) (instead of to the seller) at settlement. The New REIQ Residential Contract (15th Edition) The Real Esta..
Read MoreA recent decision of the Supreme Court* has provided a guidance as to the extent to which an adjudicator is required to give reasons for an adjudication decision pursuant to the Building and Construction Industry Payments Act 2004 (Qld) (‘the Act’). Hyatt Ground Engineering Pty Ltd (‘Hyatt’)..
Read MoreCan I terminate the lease if my tenant of my Commercial or Industrial Property goes into Administration or Receivership? Most leases have clauses which makes it an event of default and grounds to terminate the lease if certain insolvency events occur, like the tenant entering into administra..
Read MoreThe Queensland Government (which had previously delayed implementation of the changes to Queensland’s security of payment law until 1 July 2018) has yet again pushed back the commencement date. Commencement date now set for 17 December 2018 This time, we are told that the changes will comm..
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