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.
Read More
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.
Read More
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
Read More
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
Read More
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.
Read More
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…
Read More
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.
Read More
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.
Read More
Registering a business name or company name WILL NOT give you exclusive use to the name and DOES NOT stop your competitors from using the same or a similar name in their business. It also does NOT protect you from claims by others that you are infringing their rights to the use of the name.
Read More
As you may be aware, a recent court decision in Victoria towards the end of last year has caused concern in the legal world over distributions from discretionary trusts.
Usually we are instructed to set up discretionary trusts for the benefit of a particular client, with the client as trustee and the client and his/her broader family and related entities as beneficiaries.
Read More
Employers will now have a positive duty to prevent sexual harassment and discrimination in their workplaces.
In 2020, the Respect@Work Report was released by the Australian Human Rights Commission (AHRC), making 55 recommendations for legislative change to address and prevent sexual harassment.
Read More
Deciding whether or not you should apply for bankruptcy can often be a confusing and daunting task, and there is much to consider. It is integral that you understand what implications you may face and make an informed decision.
This article will explain what bankruptcy is and some of the common advantages and disadvantages of declaring bankruptcy.
Read More
In the last article we discussed what rights and obligations you had as a landowner to deal with residential tenants’ property after they moved out. Now we will explore what landowners’ rights (and obligations) are when a commercial tenant for farmland leaves property behind on your land and what you can (or can’t) do with it.
Read More
Today, we will explore what landowners’ rights are when a tenant leaves personal property behind on your land and what you can (or can’t) do with it.
War Story: John has an investment property that he rents to a young couple
In late December, the young couple’s tenancy agreement came to an end, and they subsequently vacated the property…
Read More
In order to prevent the use of false or fraudulent director identifies, from November 2021, directors will need to verify their identity as part of a new director ID requirement.
A director ID is a unique identifier that a director will apply for once and keep forever, even if they change companies, stop being a director, change their name or move interstate or overseas.
Read More
Retail and commercial leases form part of many business transactions and commercial property is a popular investment choice. Whether you are a Lessor or Lessee, there is much to consider when entering into a retail or commercial lease.
Read More
It’s time again to unwind and thank employees at the long-awaited Christmas Party! But at risk of being the Grinch, a Christmas party is still a work function. Employers still owe a duty of care to their employees and employees can still be expected to behave appropriately to each other. ..
Read More
The Queensland Parliament has finally passed the new Regulations impacting on retail and business leases across Queensland during the COVID-19 pandemic. The Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 (Qld) (the regulation) was passed on 28 May 20..
Read More
As of 14 April, 2020, the Office of State Revenue has started to process applications for land tax relief. You may be eligible for one or more of the following land tax relief measures: a land tax rebate reducing land tax liabilities by 25% for eligible properties for the 2019-20 assessme..
Read More
'The Australian ‘Coronavirus Economic Response Package Omnibus Bill 2020’ The Australian Government has announced temporary measures to minimise the impact of COVID-19 on Australian businesses. These measures seek to reduce the risk of otherwise viable businesses from being wound up due t..
Read More
Fraudsters are targeting small business owners when it is time to renew their trademark by sending false invoices. IP Australia has confirmed that there is an increasing number of reports of this unofficial invoicing. Several of our clients have received these fake invoices. We remind cl..
Read More
If you are borrowing funds from overseas lenders to purchase property, and they are not in the business of lending money, you will most likely need to seek approval from the Foreign Investment Review Board (FIRB). FIRB is an Australian government advisory board that reviews the purchase ..
Read More
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.
Read More
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.
Read More
Setting up a new company is on a superficial level, quick and easy. However, there are intricacies to the incorporation process of which to be aware. When setting up a company many people simply tick the yes box when asked “do you need a Constitution”. However after the company is incorporated, ..
Read More
There is a common, and potentially very costly, misconception that changing a copyright protected work by 10% (or any other percentage for that matter) or only reproducing a smaller proportion of a protected work will mean that one can avoid liability for copyright infringement. This
Read More
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 More
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.
Read More
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’.
Read More
A 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 More