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Corney & Lind Lawyers

Estate Planning – Dealing effectively with the passing of superannuation wealth

A recent Court of Appeal decision again highlights the importance of ensuring that your Estate Plan has properly considered how superannuation wealth is effectively passed to intended beneficiaries. This is becoming more important in the context of blended families and where a significant amount of wealth is in super. Preserving discretion may not be the … Read more

Parenting Arrangements during COVID-19

COVID-19 has certainly thrown parents some ‘curve-balls’. Amongst these are an increased need for separated parents to negotiate on temporary alterations to parenting arrangements, in what might otherwise have been a settled situation. For other parents, COVID-19 has been used an excuse to stop children from spending time with their other parent, or for one … Read more

JobKeeper Updates for Religious Practitioners and NFPs – As at 27 April 2020

On Friday 24 April, the Federal Treasury provided further clarification on the JobKeeper scheme and its application to specific groups throughout Australia. These updates follow after already 400,000 Australian businesses have enrolled in the JobKeeper scheme, providing further income to almost 2.4 million Australians. Amongst these Australians are employees of not-for-profit charities and practitioners of religious institutions who will be affected by the Treasury’s new updates.  Religious Practitioners  Prior to this announcement, many religious practitioners were facing difficulties … Read more

Division 7A Loans and Family Law Proceedings

In the breakdown of a relationship, the first thing to consider in the process of determining your entitlement to a property settlement is determining what property is available to be split. This property is called the “net asset pool”. A detailed article about what assets are included in a family property settlement can be found here.  … Read more

Responding to a Domestic Violence Protection Order

I’ve been served with a Protection Order Application or a Temporary Protection Order. What should I do? It’s important to take the matter seriously and make an appointment to see a lawyer.  Domestic Violence Applications are treated seriously by the Courts in Australia. Once an Order is in place (temporary or final), the terms set … Read more

COVID-19 Emergency Response Bill 2020

Last night the Queensland Parliament passed the COVID-19 Emergency Response Bill 2020 (the “Bill”). The Bill gives the Queensland Government a broad range of powers to make a number of extraordinary regulations with respect to; Parliament of Queensland Act 2001 (the “Parliament Act”);  residential, retail and other leases;  attendance at places or meetings;  making and … Read more

Qld law changing to allow virtual witnessing of Wills and EPOAs

Last night, the Queensland parliament passed the COVID-19 Emergency Response Bill 2020 (Qld). I understand it is still awaiting assent. The Act is yet to appear on the Acts as Passed list. Section 25 should be noted which provides (emphasis added) – This Act expires on 31 December 2020. The purpose of this article is to note and welcome … Read more

Can business owners reduce staff salaries to keep their business afloat?

Case – Benge & Anor v Bluescope Steel (AIS) Pty Ltd (No.2) [2020] FCCA515 (13 March 2020) Businesses are currently operating in times of extreme uncertainty. The fast onset of COVID-19 caught businesses worldwide off guard and have placed many on the brink of closure.   During these times, many businesses are looking to drastically … Read more

Dementia does not necessarily mean a lack of testamentary capacity

Case Note: Croft v Sanders [2019] NSWCA 303 (This article is part of our Deceased Estate and Will disputes Series) The Facts This New South Wales Court of Appeal case involved two appellants who were two of the six daughters of the late Warwick Croft, who passed away in 2016. The daughters were appealing the … Read more

How do I obtain a Domestic Violence Order?

Domestic violence and family violence comes in many forms and is not limited to physical violence. Until recently it was commonly accepted that domestic violence was limited instances of physical or sexual abuse and or threatening behaviour, however it is important to understand that some forms of domestic violence do not ever leave a physical … Read more

Want to remove an Executor? It is not easy.

Case note: Budulica v Budulica [2017] QSC 60 Facts Mrs Budulica sadly passed away. In her Will she left the whole of her estate on trust in equal shares to her two children, Stan and Sylvia. Her estate largely comprised of two properties situated at Bulimba and Hawthorne. The Bulimba property was improved by a … Read more

COVID-19 JobKeeper Assistance For Churches

PART A – Introduction JobKeeper and Churches A series of legislation relating to the JobKeeper scheme has come into force upon the royal assent on 9 April 2020 until its planned end on 27 September 2020. [1] The Federal treasurer further issued a series of rules governing the relevant matters on the same date. The … Read more

COVID-19 UPDATE – New Restrictions on Church live-streaming

On the 9th of April 2020, Chief Health Officer Dr Jeannette Young issued a variety of restrictions under the Non-Essential business, activity and undertaking Closure Direction (No.5) (‘the Direction’) in order to assist in containing the spread of the COVID-19. The direction was made replacing the Non-Essential business, activity and undertaking Closure Direction (No.4) made … Read more

JobKeeper payment COVID-19 Fast Facts #2

JobKeeper Legislation: Second Fast Facts on JobKeeper Payment COVID-19 (this is the 2nd article relating to JobKeeper payment COVID-19 Fast Facts #1) What is JobKeeper again? Are casual workers covered? What is the eligibility test for business owners for JobKeeper? Do business owners have to make superannuation contributions on JobKeeper payments, and what if a … Read more

Easter Arrangements & New Commercial Tenancy Code of Conduct

On Friday last week (3rd April), Prime Minister Scott Morrison provided further updates on COVID-19, after meeting again with National Cabinet. The Prime Minister focused much of his attention on the operation of places of worship as well as new guidelines surrounding lease disputes between tenants and landlords. Places of worship Places of worship, including … Read more

Lessons from the A-League: Standing down players without pay

It was only a two months ago that the A-League – Australia’s premier football league – was in the midst of a season and only a few weeks away from a finals series. Now, following a number of rounds “behind closed doors”, this A-League season – along with many other sporting codes – has been … Read more

Could Contract Frustration Save Your Business from Coronavirus?

The effect of the coronavirus on our local economy is devastating. The hospitality and tourism industry has ground to an unprecedented halt, interstate travel in Queensland is now strictly prohibited, and individuals are being urged not to leave home unless absolutely necessary.  Corney and Lind Lawyers is committed to helping our clients navigate the vast … Read more

The impact of COVID-19 on farmers’ debt and finance

Prior to the pandemic, Australian farmers have had to face the worst end of a season of drought, bushfires and flood. This had to lead a major decrease in the population of both cattle and sheep, which in turn has significantly increased the prices of livestock throughout the country. COVID-19 has also affected how farmers … Read more

Jobkeeper payment COVID-19 Fast Facts

Related to our two earlier COVID-19 Employment FAST Facts 1 & 2. This week so far in context: We have seen: The government unveil the Jobkeeper payment COVID-19 package essentially involving a $130 billion payment. Information start to be disseminated from various government websites providing details on this payment designed to help keep Australians in … Read more

Are Awards being relaxed in response to the disruptions caused by COVID-19?

Mid-last week a modern award was varied for the first time in the Fair Work Commission in response to the disruptions experienced by business owners and workers due to the COVID-19 pandemic. The Australian Hotels Association supported by the United Workers Union sought the addition of a special COVID-19 flexibility schedule into the Hospitality Industry … Read more