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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Important new changes to Queensland’s guardianship laws took place on 30 November, 2020. Among various other reforms to the laws, the Queensland Government have issued new Enduring Power of Attorney and Advance Health Directive forms.
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Two recent cases in the media involving squatters have demonstrated how things can go wrong when you don’t take the proper steps to protect your property rights.
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A claim for workers’ compensation by a worker whose position involved turning his head from one computer screen to another, making notes and dealing with phone calls, has been rejected by the Administrative Appeals Tribunal.
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The Fair Work Commission (FWC) has granted a 1.75% wages increase to minimum pay and award wage workers. The FWC lifted the national minimum wage by $13.00 to $753.80 a week, or $19.84 an hour.
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On 2 June, the Federal Court found that the Commonwealth Government was liable to pay compensation to Brett Cattle Company Pty Ltd and others for the unlawful Ban Order placed on live cattle exports to Indonesia in 2011.
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Earlier this month the Family Court decided a case where a parent breached a Court Order, by refusing to allow their child to spend time with the other parent because of issues relating to Covid-19.
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A COVID-19 flexibility schedule has been inserted to the Clerks-Private Sector Award 2010. The provision will expire on 30 June 2020 though there is a possibility of further extension.
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A COVID-19 flexibility schedule has been inserted to the Hospitality Industry (General) Award 2010. The provision will expire on 30 June 2020 though there is a possibility of further extension.
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In December 2018 the Queensland Government introduced amendments to the minimum financial requirement (“MFR”) laws for QBCC contractor grade licensees.
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Here is a common scenario we see all the time in the construction industry. You enter into a construction contract which has specifications that require you to install a particular product, for example, a bath, air-conditioning system, a fire collar or whatever. You install it but it’s defective. What are your rights?
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When starting a new company, take the time to consider and prepare a detailed Shareholders Agreement as it can help to avoid costly problems in the future. Usually directors and shareholders of a company begin with a shared vision of their new business, however views often change over time.
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We have provided numerous articles on the Personal Property Securities Act (“PPSA”) and its importance in protecting your assets and taking and perfecting security over other assets. The Register came online on the 30th January, 2012. This means there may be some PPS registrations which will expire on the 30th January, 2019.
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The Department of Agriculture and Fisheries (“DAF”) and Queensland Rural and Industry Development Authority (“QRIDA”) have announced assistance packages for those Primary Producers affected from the recent fires that occurred between 30 November to 6 December in our region.
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The Queensland government has announced that the Security of Payment provisions of the Building Industry Fairness (Security of Payment) Act (BIFA) will commence on 17 December 2018.
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The 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.
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Owners 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’.
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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.
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For 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.
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Starting the process for negotiating an Enterprise Agreement can be fraught with traps and unwanted surprises. In this article we give 5 key items to address before you commence the process.
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For those who are not aware of what a Modern Award is - A Modern Award is a document which sets out the minimum terms and conditions of employment on top of the National Employment Standards (“NES”).
Modern Awards provide entitlements such as pay, hours of work, rosters, breaks, allowances, penalty rates and overtime. There are more than 100 industry or occupation awards that cover most people who work in Australia.
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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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