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Corney & Lind Lawyers

Liu v Compuworld Pty Ltd

Workplace rights for pregnant employees Corney & Lind win a significant case in the Fair Work Commission which is a reminder to employers to uphold and protect the rights of pregnant employees and employees exercising workplace rights Corney & Lind Lawyers represented Ms Liu in a recent decision handed down by the Fair Work Commission … Read more

Understanding JobKeeper Enabling Direction

JobKeeper is a wage subsidy scheme designed to help keep Australian in jobs and support businesses affected by the significant impact of COVID-19. The scheme is governed by the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 and associated rules. What is a ‘jobkeeper enabling direction’? The Coronavirus Economic Response Package Omnibus (Measures No. … Read more

COVID-19 Updated restrictions for Churches

Over the past few months, Queensland has continued to enjoy success in containing the spread of COVID-19. With less than 10 active cases as of 17 June 2020, Queenslanders are beginning to experience life in a ‘COVID-safe Australia’, and the State Government has been taking steps to reduce the restrictions on Queensland Businesses. This article … Read more

Men’s and Women’s Sheds – New DGR category

The 2019-2020 Budget saw the Government announce plans to establish a DGR general category to enable Men’s Sheds and Women’s Sheds to access DGR status.  This change will be implemented through an amendment to the Income Tax Assessment Act 1997. This amendment will be proposed in Schedule 1 of the Treasury Laws Amendment (2020 Measures … Read more

COVID-19: Commercial Lease Regulations (QLD)

Commercial Lease Regulations – Mitigating the effects of COVID-19 for affected leases. As a result of public health directions in response to COVID-19, many businesses have either experienced a large loss in profits or have been forced to change its daily operation. Practically, this affected many businesses in being able to meet its leasing obligations. … Read more

DEFAMATION: Watch out for Trolls!

Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2020] NSWCA 102 In a decision on Monday, 1 June 2020, the NSW Court of Appeal held that news outlets were liable as “publishers” for readers’ Facebook comments partially because they “encouraged and facilitated” comments by setting up public Facebook pages. … Read more

America’s Got Talent and the Golden Thread

On Sunday morning, while scrolling along my social media newsfeed, I came across one of those inspirational, uplifting (and often yes, I concede, sappy) America’s Got Talent Audition videos.   This audition video centred around a forty-five-year-old man African American man named Archie Williams who, in 1983 was incarcerated for the rape and murder of a 32-year-old woman in the State of Louisiana.    Archie always … Read more

COVID-19: Holding members meetings using technology

Are you able to hold members meetings using various available technology during this COVID-19 pandemic? Yes you can, but there are a few things you will need to consider. The Corporations (Coronavirus Economic Response) Determination (No.1) 2020 (“the Determination”) commenced on 6 May 2020. The Determination temporarily modifies certain provisions of the Corporations Act (and … Read more

Easing of COVID-19 Restrictions & its Implications for Churches

As Australia and Queensland start to take steps to “re-open” following extensive restrictions, the purpose of this article is to provide churches with the latest relevant update to ensure churches remain adequately informed. Over the last few months, Australia has experienced a tremendous amount of success in containing the spread of the COVID-19. Prime Minister … Read more

Will the Court make me refinance?

Long & Peng Case Note Recently, the Full Court of the Family Court of Australia at Brisbane (“Family Court”) decided an interesting case involving property matters. In this case, the Family Court dismissed an appeal from the Federal Circuit Court on the basis that there was not sufficient evidence to sustain the appeal, the original … Read more

Virtual witnessing of Wills and EPOAs – new Queensland Law

JUSTICE LEGISLATION (COVID-19 EMERGENCY RESPONSE – WILLS AND ENDURING DOCUMENTS) REGULATION 2020 (QLD) (See: https://www.legislation.qld.gov.au/view/html/asmade/sl-2020-0072) As of 15 May 2020, the Queensland Parliament passed the Justice Legislation (COVID-19 Emergency Response—Wills and Enduring Documents) Regulation 2020[1] (‘the Regulation’) (set to expire on 31 December 2020). This Regulation was introduced due to COVID-19 social distancing rules and … Read more

COVID-19: Update for QLD Churches (easing restrictions)

Following the National Cabinet meeting on May 8 which aimed to develop a road to recovery, the Queensland government has provided further details on how the state will start easing restrictions for types of group gatherings. Further details on the roadmap can be found here, but as a summary, the following preliminary steps are to … Read more

Can paid personal and carers’ leave be accessed whilst stood down due to COVID-19?

Case: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia & Ors v Qantas Airways Limited [2020] FCA 656  Date of judgement: 18 May 2020   Proceeding one: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Australian Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union   Outcome: Application dismissed   … Read more

Case Note: Ritter & Ritter and Anor (2020) FLC 93-957

In the case of Ritter & Ritter and Anor [2020] FamCAFC 86 the Full Court of the Family Court of Australia allowed an appeal after finding that the husband had not been afforded procedural fairness. In 2012, Mr Ritter and Ms Ritter obtained consent orders resolving their property settlement matter. In 2018, the husband made … Read more

What is Family Law Arbitration and how does it work?

The Family Court of Australia and Federal Circuit Court of Australia have recently introduced the National Arbitration List, where family law matters in the Courts will be sent to an external Arbitrator to be finalised. This is good news for parties in the Court system, as preparation for and attendance at an arbitration can often … Read more

Re-opening, Contact Tracing and Your Business (as at 27 May 2020)

As Queensland (and the rest of Australia) look to take steps in lifting Covid-19 restrictions, contact tracing is a requirement that many businesses will need to grapple with.   What is contact tracing and its purpose?  Contact tracing is a process commonly used to trace the spread of an infectious disease throughout a community. It serves two primary purposes: … Read more

‘Casual chaos’ – Federal Court redefines ‘casual’ employee – the implications for business owners with a casual workforce

Case: WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (‘Rossato’)  Date of judgement: 20 May 2020  Background  The engagement of casual employees has been a hot topic in the employment sector during recent years.  A recent decision of the Full Federal Court leaves employers with a casual workforce open to substantial risk of claims being made by their casual staff for backpay of entitlements and seeking future entitlements previously available only to permanent staff.   On 20 May 2020, the Full Federal Court handed … Read more

Case Note: Ritter & Ritter and Anor (2020) FLC 93-957

In the case of Ritter & Ritter and Anor (2020) FLC 93-957 the Full Court of the Family Court of Australia allowed an appeal after finding that the husband had not been afforded procedural fairness. In 2012, Mr Ritter and Ms Ritter obtained consent orders resolving their property settlement matter. In 2018, the husband made … Read more

3 vital things businesses should consider now to last through a prolonged COVID-19 lockdown period

The curve hasn’t just been flattening, it’s been on a downward slope. The number of new cases of coronavirus in Australia has been on a steady and sure decline from early April. But it is not yet time to lower our guards. There have been talks of resurgence and a potential ‘second-wave’. Although the Australian Government has pulled back on some of the restrictions, the consensus … Read more