If you are considering to lease premises for your business, you have probably heard the terms ‘Retail Lease’ and ‘Commercial Lease’. But what is the difference in Queensland? Retail Leases differ from Commercial Leases because they are subject to the Retail Shop Leases Act 1994 (Qld) (*RSLA”). This article will outline key differences between Retail Leases and Commercial Leases in Queensland.
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A number of our clients have, over the past few months, received alarming emails claiming that another party has initiated a trade mark application for their business name. These emails often create a false sense of urgency, pressuring recipients to respond quickly and take immediate action to protect their brand. Unfortunately, these communications are part of a growing scam designed to exploit business owners' fears about losing their business identity and intellectual property rights.
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Neighbourhood disputes over trees and vegetation can be more complex than they seem, particularly when local council regulations come into play. The recent Queensland Civil and Administrative Tribunal (QCAT) case of Weerasena v Boyle and Anor [2024] QCAT 327 highlights how competing interests—such as a homeowner’s right to manage overhanging trees versus council-imposed Vegetation Protection Orders—can complicate legal proceedings
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We have seen a number of significant employment law changes come into effect over the past few years affecting businesses – and there a lot more to come!
We have set out a brief summary of all of the 2025 changes which businesses need to be aware of moving into the new year.
Read MoreCongratulations to our very own Nicole Cullen, Family Lawyer and Director at McKays, for being named in the prestigious national Doyle’s Guide as a Recommended Leading Family & Divorce Lawyer – North & Central Queensland.
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A recent Supreme Court decision Brightman & Ors v Royal Pines Project [2024] QSC 149 shows that Developers owe duties outside of the Contract.
The law of contract includes a general rule of construction that there is an implied obligation on each party to do all that is reasonably necessary to secure performance of the contract
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The property interests of creditors and non-bankrupt spouses often conflict, and although legislative changes have been made to alleviate this tension complications still arise between these competing interests.
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The recent Queensland case of Body Corporate for Vision Centre Gold Coast Community Title Scheme 29190 v Nerang Qld Pty Ltd [2024] QSC 152 highlights the complex nature of easement disputes and the significant impact they can have on property rights and access with your neighbours.
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From today (26 August 2024), a number of important changes to workplace laws commence.
These changes include: The right to disconnect for eligible employees...
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Picture this - your client has finally started to get his life back on track after a nasty property dispute with his former wife. An audit by the ATO uncovers the transactions made pursuant to the Family Court Order trigger significant tax consequences for the client. He was not advised of the p..
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The Family Law Act 1975 does not permit couples to share custody of a pet after separation. As there is no provision for shared custody under the law, it can only be achieved by informal agreement. Some separated couples arrange this between themselves, but if that is not possible, then the question becomes: who keeps the dog in the divorce?
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The Fair Work Commission has handed down its 2024 Annual Wage Review decision. The result of the decision is that…
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The children’s program Bluey has become an international hit that is becoming increasingly popular with both kids and parents alike. A recent episode of Bluey could however serve as an important reminder for people looking at selling their home.
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The second part of the Closing Loopholes Bill passed parliament yesterday - meaning more significant changes for workplaces are coming!
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The start of the New Year is the perfect time to make sure your business is prepared for the year ahead! We have put together our top 5 tips for setting your business up for HR success in the New Year…
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For those of you who have not heard of Chances Café, Chances Op Shop or Australian Street Aid Project, we strongly encourage you to head over to their Facebook page or website to check out the amazing things they are doing in Mackay.
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Yesterday we saw some significant developments relating to the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (“Closing Loopholes Bill”).
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In the recent Queensland case of Trappando Pty Ltd v Sunshine Group Australia Pty Ltd (2023) the Court of Appeal provided real estate agents with some valuable advice as to the importance of having an adequately prepared Form 6. In the case the client terminated the contract and forfeited the deposit and the agent sought to recover their commission.
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The silly season is almost upon us which means that workplaces are starting to prepare for their end of year Christmas parties. While they are intended to be a happy festive event, Christmas parties are also notorious for causing stress for employers due to the risk of potential workplace incidents.
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Massive changes commence today that will affect all contracts for the supply of goods or services or a grant in land where at least one of the parties:
- Employs fewer than 100 persons; OR
- The party’s turnover in the last year prior to the Contract is less than $10 million.
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For those of you who are landlords, there are new reforms in effect in Queensland. These reforms apply to all residential tenancies and include any house rentals, caravan rentals or rooming accommodation.
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The Albanese Labor Government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (the “Bill”) to Parliament yesterday afternoon (4 September, 2023). The Bill is the “third tranche” of major changes to core aspects of our workplace relations system which will impact most sectors of the economy.
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The Albanese Government will be introducing a third tranche of IR legislation on Monday afternoon which Workplace Relations Minister, Tony Burke has referred to as the “Closing Loopholes Bill”.
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You may have seen that there have been a number of significant changes happening in the employment and industrial relations law space.
We have been hearing from countless employers that the number of changes have left them feeling overwhelmed and unsure about what they need to be doing to ensure compliance.
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Last article, we discussed what the difference between freehold and leasehold property was.
This issue, we will explore leasehold property further to get a better understanding of it.
For those that hold or lease Leasehold Land (or aspire to), there are general provisions which they need to adhere to, otherwise they risk losing the right to hold or lease the Leasehold Land, which may make up an important part of their farming operations.
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As communication methods change, it is crucial to recognise that any form of communication (even a simple emoji) can potentially establish a binding contract. It is important to be mindful of this fact and be cautious when engaging in any form of written communication.
Whether it is a casual email or a brief text message, it is important to understand that these modern modes of communication hold legal significance and can carry legal implications and consequences.
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Agricultural property can be held by landowners a few different ways. It’s important for those landowners or those wanting to become landowners to know the differences and their rights and obligations.
The occupation of land in Queensland may be defined under two broad tenure headings:-
1. Freehold, and
2. Leasehold.
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Following the Fair Work Commission’s Annual Wage Review 2023:
· the National Minimum Wage will be increased to $882.80 per week or $23.23 per hour; and
· there will be a 5.75% increase to minimum award wages.
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There have been a number of important case developments in the employment law space recently.
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Payroll tax for medical centres and practitioners has been a popular topic of discussion in recent years, following court cases such as Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2021] NSWCATAD 259 (“Thomas and Naaz”).
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