In January 2020, Allianz published the results of their annual Risk Barometer survey[1], which identified cyber incidents as (for the first time ever) the most important global business risk. Under the header of this risk, Allianz reported the following trends which are of particular relevance to law firms: “Data breaches larger and more expensive” – … Read more

Warranties and indemnities are considered to be a staple feature of many contracts (especially in the case of mergers and acquisitions transactions), so much so that they are often given very little consideration by the parties. Broadly speaking, warranties and indemnities are intended to provide the parties with peace of mind, and protect specific parties’ … Read more

The recent case of Harburg Nominees Pty Ltd & Anor v Deen [2019] QSC 291, highlights the weight courts will give to consistent evidence, reliable testimony and surrounding circumstances when considering whether an alleged representation has actually been made. In this case the Court found against the defendant who claimed he was not liable under … Read more

People commonly confuse contracts and Memorandums of Understanding. This confusion is understandable; often they are both drafted in similar language, and at first glance both can look like legally binding documents. Because of this, it is often difficult to decide when it is appropriate to use one or the other when thinking about entering into … Read more

Case: Ms Jack Jack v Sigma Healthcare T/A Sigma Healthcare (U2019/1119) Area of Law: Employment – Unfair dismissal Act: Fair Work Act 2009 – s 394. Application for unfair dismissal remedy Background: Ms Carley Jack had been employed at Sigma Healthcare for 6 years before being terminated on 8 of February 2019. Ms Jack was … Read more

In his speech opening the consultation period for the Religious Discrimination Bill 2019 Exposure Draft, the Attorney-General and Minister for Industrial Relations, The Hon Christian Porter (29 August 2019) stated that: The Bill accepts as its starting point that the right to free religious expression (like other rights) exists in perpetuity and indivisibly with our … Read more

Changes to Queensland state tax concessions for charities All NFP Constitutions should be reviewed by October 2020 at the latest At the end of 2018 the Queensland Government amended the Taxation Administration Act 2001 (Qld) by the Revenue and Other Legislation Amendment Act 2018 (Qld). These amendments may have significant impact upon all charities and … Read more

The commonwealth Religious Freedom Bills (Religious Discrimination Bill 2019, Religious Discrimination (Consequential Amendments) Bill 2019 and Human Rights Legislation Amendment (Freedom of Religion) Bill 2019) (“the Bills”) have drawn significant media attention in recent weeks. The Bills followed the Religious Freedom Review (which “recognised an opportunity to enhance the statutory protection of the right to … Read more

Case: Ms Creina Murkitt v Staysafe Security T/A Alarmnet Monitoring (U2019/2978) Area of Law: Employment – Unfair dismissal Act: Fair Work Act 2009 – s 394. Application for unfair dismissal remedy Background of employment Ms Murkitt was employed on a full-time basis by a predecessor of Alarmnet beginning in February 2005. Her most recent contract … Read more

It’s now commonly understood that domestic violence can occur in many different ways. Unfortunately, as lawyers, we regularly see technology being used to control and dominate a partner. This can occur in a range of ways, for example: reading a person’s SMS messages without permission monitoring a person’s email account or web browser history monitoring … Read more

Separation is a difficult time for all people involved. Here at Corney & Lind Lawyers, we have found some resources that can be quite helpful to separating couples. Apps Name Price What it does Talking Parents Free Provides co-parenting communication tools, including a platform for messaging (which is unalterable and easy to export if necessary … Read more

On 21 February 2019 the Criminal Code (Non-consensual Sharing of Intimate Images) Amendment Act 2019 (“the Act”) became law. The Act amended the definition section of the Criminal Code (“the Code”), and added a new section 223. Together, the amendments criminalise the distribution – or the threat of distribution – of an intimate image or … Read more

Preserving Charitable Assets within Charitable Purposes Following Andrew Lind’s recent papers in Melbourne, including at the Charity Law Association of Australia and New Zealand Conference on the External Conduct Standards, here are some headlines for all charities to consider:  1. The External Conduct Standards (ECSs) commenced on 23 July 2019. 2. The external conduct standards … Read more

In late 2017, the Australian Federal Government announced a series of reforms to the operations of charities that occur overseas, including basic religious charities, in the form of proposed External Conduct Standards (in addition to the ACNC Governance Standards). The External Conduct Standards are now law, having commenced on 23 July 2019. They are set … Read more

What Is Cybersquatting? The practice of domain name squatting or cybersquatting has been common since the onset of the dotcom boom and has not ceased with the passing of time. It creates headaches both for established enterprises and new businesses. As there are no stringent checks placed on those seeking to acquire a domain, cybersquatting … Read more

Lessons From Massons v Parsons The High Court of Australia has recently ruled on appeal a sperm donor to be the legal father of an 11-year-old child after he was actively involved in her life. The case with the pseudonym of Massons v Parsons [2019] HCA 21 involved a 49-year-old man who agreed to donate … Read more

Difference Between Lease And Licence: Why It Matters As William Shakespeare pondered centuries ago, “What’s in a name?” Shakespeare may have been prophetic – in a modern legal context, the name given to a document or agreement may not reflect its true nature. If you have permission to use someone else’s land for a particular … Read more

Typically, child support is only payable until the relevant child becomes a legal adult. That is, the day the child officially turns 18, any child support agreement becomes void. However, there are two main exceptions to this rule found under section 66L of the Family Law Act 1975 (Cth) (‘the Act’), where child support can … Read more

Restraint of Trade: Valid or Void? Which of the following interests take precedence in the context of an employer seeking to restrain a former employee? The interests of an employee in being able to earn a living by using his or her legitimately obtained skills, experience and knowledge; The interests of the public in being … Read more

Despite the prevalence of domestic violence in Australian families, community attitudes still seem to be ‘out of step’ with the facts. As a first step to helping someone who is in an abusive relationship, it’s important to know how the law defines domestic violence. In Queensland, this primarily means looking at the Domestic and Family … Read more