Happy New Year from the team at McKays! Now that the silly season has passed, it is time to get down to business and put in place goals for a successful 2017. The New Year is a great time to reflect on the year gone by, but also plan for the year(s) ahead. Here are our top legal tips..
Read MoreJust like your car needs servicing, your clients’ self-managed superannuation fund (SMSF) trust deeds may be in dire need of a service. SMSF trust deeds are like the “rule book” for the SMSF. They are the document that stipulates what the trustees of the fund can and cannot do.
Read MoreLast week, the Queensland Parliament passed the Industrial Relations Bill 2016. This Bill is to commence operation in early 2017, as the Industrial Relations Act 2016 (IRA 2016). The IRA 2016, repeals and replaces the current Industrial Relations Act 1999. In doing so it mostly adopts the ex..
Read MoreThese changes largely benefit consumers and will require some contractors to pay premiums for building works which they have never had to pay for before. What are the changes to the Home Warranty Scheme? The QBCC insurance scheme has been expanded to include coverage for the following w..
Read MoreA recent and important legislative amendment in Queensland removed the limitation period for actions for damages for personal injury resulting from child sexual abuse. This reform is particularly relevant to employers who could be vicariously liable to victims who, as a result of the employer’s
Read MoreRecent amendments to the Workers Compensation and Rehabilitation Act 2003 (Qld) significantly affect indemnity clauses in service agreements. The amendment is especially important for contractors and labour hire businesses that use or supply labour into the mining and construction industries. ..
Read MoreOn 12 November 2016, new unfair contract laws come into force. They offer opportunities for contractors but also pose some risks. Contracts affected The new laws apply to certain ‘standard form contracts’ entered into on or after 12 November 2016. The laws also apply to any terms of exist..
Read MoreDon’t become the “Hunted” because of Pig Hunters! You only have to take a drive around Mackay to see the number of well equipped, off-road vehicles decked out with pig-hunting cages, to know that the sport is becoming increasingly popular. The problem is, there are a growing number..
Read MoreUsing your self-managed superannuation fund (“SMSF”) to invest in residential property is more popular than ever – but don’t sign that contract just yet! SMSF borrowing law is complex and can catch out even experienced investors. Here are the top 3 mistakes we have seen (and fixed!) for clients who have not seen us before signing a contract.
Read MoreImagine paying an employee an annualised salary well above their award wage only to have the employee pursue a claim for unpaid award entitlements after they leave. You might think this will never happen to you because your employment contract expressly provides that all and any award allowa..
Read MoreLabour hire businesses face a dilemma when the relationship between the labour hire business’s worker and host employer breaks down to the extent that the host employer demands that the worker is removed from site, or even revokes the permission for that worker to attend at the site. In the ..
Read MoreFarmers affected by water rights changes in the Mackay Region Water… humans and animals cannot live without it; you certainly cannot grow crops without it; in fact, some University professors predict that World War III will be fought between countries over it! We are not qui..
Read MoreAustralia’s foreign resident capital gains withholding regime came into effect as a response to the increased pressures of low tax compliance of foreign residents. The new framework applies to buyers of specific Australian property sold by foreign resident sellers. The withholding regime app..
Read MoreIn just over 8 weeks, amendments to the Australian Consumer Law will take affect and will open the field for certain contractual terms to be challenged by parties negatively affected by standard form contracts or if a party to the contract is a small business. What contracts does this apply..
Read MoreDid you know that it may be possible for your superannuation to be used to purchase a cane farm well before retirement age? However, using a Self Managed Superannuation Fund (“SMSF”) to purchase farm land can be complex and it may not be a suitable entity for everyone.
Read MoreGoing into partnership can be an exciting time! Before you or your clients rush in, here are a few essential questions to ask yourself. 1. Do you have the right structure? People often loosely use the word “partnership” but, as you may know, there are various structures available to people..
Read MoreEver since the Richardson decision (a decision of Full Court of the Federal Court of Australia) the cost to businesses for vicarious liability for acts by their employees of discrimination, sexual harassment or harassment and bullying can no longer be treated lightly. Until now, the minimal dama..
Read MoreMost non-residential leases (e.g. leases of retail shops, industrial sheds and office buildings) have a mechanism to review the rent each year during the term of the lease (and any option periods). The most common mechanism is an annual CPI review. The Bureau of Statistics has just published the CPI for the June 2016 Quarter.
Read MoreStandards of behavior expected of employees can be a difficult thing to navigate, particularly behavior that leads to termination of employment. Whether words are said in a moment of frustration, to add emphasis to a message, or over a series of events, one thing is clear from recent Fair Work d..
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