Be wary of the emoji! 🤔
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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Leasehold or freehold – What is the difference?
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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Reminder for employers - There are a number of key employment figures that will increase from 1 July 2023
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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Employment law case update
There have been a number of important case developments in the employment law space recently.
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Queensland medical & health providers - Are you aware of the new payroll tax ruling which may affect you?
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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Minimum Wage to increase
The Fair Work Commission (“FWC”) has today handed down its Annual Wage Review decision. Minimum wage rates in Modern Awards will see a 5.75 per cent increase effective from 1 July 2023.
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Fair Work Commission outlines approach on new flexibility/parental leave provisions
Changes are coming into effect on 6 June 2023 which will give the Fair Work Commission power to deal with disputes over requests for flexible working arrangements and extensions to unpaid parental leave, amongst other changes.
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Managing psychosocial hazards at work – What do employers need to do?
Queensland has a new Work Health and Safety Code of Practice, “Managing the risk of psychosocial hazards at work” (“Code”) which provides practical guidance to persons conducting a business or undertaking (“PCBUs”) on how psychosocial hazards and risks can be managed or controlled. The Code can be used to help determine what is reasonably practicable to reduce psychosocial risk.
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Important dates for employers - Key changes
The Fair Work Amendment (Secure Jobs, Better Pay) Act 2022 received royal assent on 6 December 2022 – introducing the most significant changes to employment and industrial relations laws in Australia since the commencement of the Fair Work Act 2009 (Cth) (“FW Act”) some 13 years ago.
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Meghan De Pinto-Smith joins the McKays Employment Law and IR Team
McKays Solicitors is so excited to welcome, Senior Associate, Meghan De Pinto-Smith to the McKays’ Industrial Relations and Employment Law team.
Meghan has worked exclusively in industrial relations and employment law at a high level for a specialist boutique Brisbane firm for the last 6 years – but has come home to settle in Mackay to be closer to family.
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Do you have a right to register an access Easement over your neighbour’s land?
It is not uncommon for friendly neighbours to allow access over their land from time to time on an informal “handshake” arrangement. Whether it be for a track to run through the neighbour’s land to allow better access to an area you own or for you to lay a pipe down to irrigate from a nearby creek.
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Even with a company or business name, your competitors could steal your brand!!
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.
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Secure Jobs, Better Pay: Pay is no longer a secret + no fixed term contracts longer than 2 years
The Fair Work Amendment (Secure Jobs, Better Pay) Act 2022 came into force on 7 December 2022 –introducing the most significant changes to industrial relations laws in Australia in nearly 2 decades.
As the name of the Act suggests, the new changes are geared towards improving pay conditions, pay equity and job security.
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Beware of New Dangers with Trust Distributions from recent Victorian Case
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.
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Employers will now have a positive duty to prevent sexual harassment and discrimination
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.
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The National Day of Mourning - What you need to know
Australia has declared 22 September 2022 as a national public holiday, in honour of Queen Elizabeth II.
Employers are often confused about their obligations in relation to public holidays, including whether they can ask their employees to work on a public holiday and how much to pay their employees for public holidays (whether they work on the day, or not).
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Need a checklist when selling your farm?
Have the Agent or your solicitor write up the basic terms of the Contract as agreed with the Buyer (ie. purchase price, deposit, conditions the parties want – ie. subject to finance, building and pest, due diligence, subject to sale of buyer’s property, etc, record if the crop and/or plant and equipment are included or excluded from the sale, settlement date)
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Do’s and Don’ts of police search warrants
If you ever find yourself in the position of police executing a search warrant at your address, the below points will make the experience easier and protect your legal position.
When the police first arrive
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Changes to unfair dismissal claims – high income threshold, compensation cap and filing fees
From this Friday 1 July, 2022, the high income threshold, compensation cap and filing fees for unfair dismissal claims will increase…
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Electric scooter rules are changing
Remember our tips last week on how to use an electric scooter (‘e-scooter’) lawfully? This past Monday the Queensland Transport Minister announced new e-scooter rules coming into effect from 1 November, 2022 to improve safety…
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