In an attempt to prevent the spread of coronavirus across Australia, numerous business and services have begun to change the way they conduct their day to day operations. The legal system is not immune to the coronavirus pandemic and has employed certain measures to ensure the safety of staff, clients and the wider community. The … Read more

Do you need a Will or an enduring power of attorney (EPOA) made up? Are you thinking about getting your affairs in order? Are you unable to get to a lawyer’s office? If it was a resounding ‘yes’ to all 3 questions, we have a solution for you. With the spread of coronavirus (CO-VID19), we … Read more

In short, no. This was discussed in the case of Zoe Zelman v Billboard Media [2020] FWC 5 (2 January 2020). Was there a resignation, or not? On 3 September 2019, Ms Zelman made an application to the Fair Work Commission under s394 of the Fair Work Act 2009 (Cth) (the Act) alleging she has … Read more

The coronavirus or COVID-19 virus is starting to affect businesses Australia wide.  The economic slowdown is unfortunately resulting in reduced cash flows for businesses, which in turn are looking at their debtor lists in an attempt to collect outstanding debts. One of the methods for collecting debts is to issue a statutory demand for the … Read more

Natural disasters are not new to Australians.  We have suffered together through floods, bushfires, cyclones and drought, always relying on our unique Australian culture of mateship, embodying equality, loyalty and friendship.  The coronavirus or COVID-19 is just another challenge which we will overcome.  The spread of the coronavirus in Australia presents some interesting challenges for … Read more

Are you struggling to pay your debts?  Are your customers struggling to pay you? Are debt collectors knocking on your door or harassing you? Is there a possibility you might be insolvent? Here’s a few helpful tips to navigate this stressful economic dilemma. CO-VID19 It’s no secret that the CO-VID19 outbreak has slowed down the … Read more

The spread of the coronavirus or CO-VID19 outbreak has unsurprisingly affected business operations here in Australia.  With the outbreak quickly spreading, hysteria and fear are gripping our country. It’s unfortunate to point out that there may be worse yet to come for Australian businesses. Economic forecasters are predicting that it is highly likely that small … Read more

Anticipated Law Reform But No Fix To Fundraising It is pleasing to see the release on 6 March 2020 of the long awaited Government response to the 2018 ACNC legislation review panel report. The ACNC legislation, which sets the purpose and framework of the national charities regulator, was required to be reviewed after five years … Read more

So you have Final Parenting Orders Final Parenting Orders can come about in one of two ways: either the Family Court or the Federal Circuit Court have made Orders in relation to parenting either after a hearing or trial; or both parties have come to a mutual agreement and turned that agreement into Orders (Consent … Read more

In the recent decision of Perdicari & Perdicari [2019] FamCAFC, the husband sought leave to appeal orders made by the Federal Circuit Court of Australia which provided that the wife was to have exclusive occupation of the former family home. Brief Background The husband and wife married in 2004 and had three children. They separated … Read more

He doesn’t hit me. Is it really domestic violence? Domestic and family violence comes in many forms and is not limited to physical violence. It can occur in many different types of settings and can be experienced directly or indirectly. In Queensland, the Domestic and Family Violence Protection Act 2012 contains a broad definition of … Read more

Case: Ms A [2018] FWC 4147 Area of Law: Employment – Application for an order to stop bullying Act: Section 789FC Fair Work Act 2009 (‘the Act’) Note: Names of parties and business have been altered in order to facilitate the continuation of an on-going safe and productive working relationship between the parties. Background:  Ms … Read more

What does it mean for public sector employees? The Human Rights Act 2019 (QLD) (‘the Act’) was passed by the Queensland Parliament on the 27 February 2019. The Act came into effect in Queensland on the 1st January 2020. The new Act allows for greater protection of Queenslanders dealing with public entities including as employees … Read more

Employers need to be mindful of their obligations under the Fair Work Act when responding to employees with limited capabilities because of various medical conditions. This was especially noted in the recent 2019 Fair Work case of Carley Jack v Sigma Healthcare[1]  wherein the court considered whether an employees termination was reasonable in light of … Read more

The short answer to this question is no, as was demonstrated in the recent case of Fair Work Ombudsman v Jewel Bay 2015 Pty Ltd.[1] In this case, an employer was found to have discriminated against its employee on the basis of her pregnancy, by unilaterally reducing her hours. It specifically highlighted pertinent factors which … Read more

Background The NDBS was established in 2017 under an amendment to the Privacy Act 1988 (the “Act”).  It is monitored, regulated and enforced by the Office of the Australian Information Commissioner (OAIC). Does the NDBS apply to me? Entities covered by the NDBS include all entities that have existing obligations under Australian Privacy Principle (“APP”) … Read more

Early in the morning on 25 November 2014 Glenn Garside was riding his motorcycle along Gregory Highway – at approximately 100kph. He was travelling behind a bus, which was travelling behind a truck. When he felt is was safe to, Mr Garfield moved into the centre of the road so he could overtake the bus … Read more

Case: Corowa v Winner & Anor [2019] QDC 135 Background On the 14 September 2009 Brenton Winner deliberately drove his vehicle onto the footpath and over the right foot of Isaiah Corowa in order to protect his fiancée and grandmother from being physically and verbally attacked. Corowa was taken to hospital and suffered four separate … Read more

Social media provides a widely accessible platform for information to spread. In this digital age, it has revolutionised the manner and speed in which information is acquired, communicated and dispersed. A quick tweet can significantly influence an audience. In 2015, a tweet about buying shares on Twitter saw Twitter’s share price increase by 5 per … Read more

A Lease Dispute case note: Fu Manchu Dining Pty Ltd V SP (QLD) Pty Ltd [2019] QCAT 394 The Facts Fu Manchu Dining Pty Ltd (applicant) entered into a lease on 1 November 2015 with SP (QLD) Pty Ltd (respondent) to operate a restaurant from premises owned by the respondent. The applicant claimed: Rental offset … Read more