At Murdoch Lawyers, the health and wellbeing of our team, our clients and the community is extremely important. We are implementing procedures and following Government guidelines to minimise any risks or disruption as a result of COVID-19 (Coronavirus).
We understand the importance of being able to continue to assist our clients during this time and we are set up to do so. We are expanding our flexible work arrangements to enable our team to work from home.
To ensure the care of both our team and our clients, we will be minimising in office meetings by making best use of technology. We will make every effort to support our clients virtually and remotely, however there will still be a need for some of our team to work on-site. We strongly recommend that meetings are conducted over the phone or via video conferencing. We are happy to help arrange these for you.
In the meantime, when contacting our office we ask that you:

Use phone and/or email as your primary communication with us;
If you do need to come to our office, please let us know if you are feeling unwell, have travelled overseas in the last 14 days, and/or have been in contact with anyone who has been overseas in the last 14 days or is unwell;
If you attend our office we ask you to please keep at least a one metre distance between yourself and employees and to please use the hand sanitiser available in the reception area;
Let us know if you become unwell within 14 days of having been in our office;
If you are feeling unwell when visiting our office, please inform one of our team members so we can support you accordingly.

We will also ask these questions when you attend at our office.
Our office hours and contact details remain the same and have not changed.
The COVID-19 situation continues to evolve and the advice to businesses is constantly being updated. Rest assured, the Murdochs team are available and will continue to work with you during these challenging times.
Please call our office on 07 4616 9898 if you have any questions or concerns.
The post Murdoch Lawyers & COVID-19 appeared first on Murdoch Lawyers.

The outbreak of the Coronavirus (COVID-19) is likely to have a significant impact on businesses. From disruption to supply chain, reduced demand, reduced cash flow, possible temporary closure of the business and managing employee issues, Murdochs is already assisting, and will continue to assist, our clients and other advisors navigate the range of issues this pandemic presents.
How we are helping clients and other advisors
From a workplace perspective, we are advising employers on their obligations to comply with awards and legislation, work health and safety issues, options to stand employees down or direct them to take annual leave, facilitating a work from home strategy, redundancies and general management strategies.
From a commercial perspective, we assist with reviewing your current insurance policies to identify what coverage entitlements you may have, managing any commercial disputes that may arise as a result of the impact of COVID-19 on your business, business continuity planning, negotiation of alternative payment terms, reviewing business structures, negotiations with banks and other financiers and implementing any necessary action.
In addition, the anticipated large scale disruption to business has the potential to cause solvency issues, particularly from a cash flow perspective. That is because the legal test in Australia for solvency is a cash flow test, not a balance sheet test; that is, can a business pay its debts as and when they fall due.  As a result, there may be a significant increase in the risk of insolvent trading by businesses. Recent “safe harbour” legislation may assist company directors from incurring personal liability where debts are incurred while insolvent, however it is crucial that (among other things) proper advice is sought and appropriate records are kept by business owners.
Key takeaways
COVID-19 will cause significant disruption to most Australian businesses over the coming weeks, and potentially months. You need to develop an early, clear strategy and plan to manage the issues that may arise. If you would like more information about developing a strategy and plan, or to discuss any specific issues facing your business, please contact our experts directly:

for Employment Law Assistance – Suzanne Wishart on (07) 3164 1121
for Business Law Assistance – Matt Bell on (07) 4616 9860
for negotiations with banks and other financiers – John Lobban (07) 4616 9840
for insolvency advice and debt recovery assistance – Craig Shepherd (07) 4616 9818

This publication has been carefully prepared, but it has been written in general terms and should be viewed as broad guidance only. It does not purport to be comprehensive or to render advice. No one should rely on the information contained in this publication without first obtaining professional advice relevant to their own specific situation.
The post Assisting Businesses through the Coronavirus – Staffing & Other Arrangements appeared first on Murdoch Lawyers.

The idea of “doing a Will” or creating an estate plan can be daunting, especially if you don’t know where to start.
Mindset is key – thinking about estate planning in the context of family legacy and not just wealth transfer can be a more productive and rewarding place to start.
It can be helpful to think about questions like these before meeting with an estate planning lawyer:

What is really important to me?
What are the true assets of my family?
Will my family members get along together after my death?
Am I concerned that someone might make a claim against my estate?
Am I concerned about the capacity of my family members to manage larger amounts of money?
Am I concerned about the impact of bankruptcy or divorce on an inheritance?
Do I want to write down my preferences in a statement of wishes to guide my family members about how to transfer the wealth?

If you wish to discuss how to facilitate healthy family relationships supported by the transfer of wealth in a way that empowers family members to live sustainably, contact our experienced estate planning team on 1300 068 736, we are ready to help you plan your family legacy.
This publication has been carefully prepared, but it has been written in general terms and should be viewed as broad guidance only. It does not purport to be comprehensive or to render advice. No one should rely on the information contained in this publication without first obtaining professional advice relevant to their own specific situation.
The post Estate Planning & Family Legacy – Change the Way You Think About Making a Will appeared first on Murdoch Lawyers.

When assisting separating couples through the transition process, we find that the clients’ trusted accountants provide invaluable support throughout the various stages of the matter.
A separation is one of the most difficult life events a person can experience, and as such it can easily cause distraction. Some clients lose focus on their business for example, forgetting to ensure the business is trading profitably and not keeping taxation lodgments up to date.
Not only is it necessary for returns to be maintained for disclosure purposes and to ensure all taxation liabilities are accounted for in the family law proceedings, but non-compliance can potentially result and other serious consequences. This can include the issue of garnishee and director penalty notices by the ATO.
Up to date returns and accounts greatly assist in ensuring that potential issues are identified and properly managed, for example Division 7A loans, as well as ensuring that accurate figures are available for negotiation purposes.
The disclosure process represents a broad and ongoing duty imposed on the client, with parties obliged to produce copies of all documents relating to their financial affairs. This can include everything from bank statements, to trust deeds, financial statements and general ledgers.
It is surprisingly common for clients to be unfamiliar with various aspects of their financial affairs and the existence of certain documents. This is especially so where one party has primarily managed the family or business finances and/or there are complex structures in place.  In these cases, it is often more efficient and cost effective for us to liaise directly with accountants in collating the disclosure documents.
Although we communicate regularly with our clients and ensure they are always up-to-date, we will often seek a client’s authority to liaise directly with their accountant from the outset to avoid potential delays and improve efficiency throughout the matter. We find that by obtaining this authority early the disclosure process can be undertaken more efficiently and economically for the client also.
It is our preference that accountants are kept involved throughout settlement negotiations. Their intimate knowledge of the client’s financial position ensures that potential advantages and opportunities to add value to a settlement are identified and leveraged. This can include making use of the available capital gains tax and stamp duty exceptions to conduct a restructure that can benefit the client moving forward.
Finally, accountants often play a major role in assisting with the implementation of any financial outcomes that form part of the resolution, including superannuation splits for self-managed superannuation funds.
If you would like to learn more about how accountants and family lawyers can work together to ensure the best outcome for clients, or to set up an initial consult to discuss how we could help you, contact our Family Law team today. You can reach our Brisbane and Toowoomba teams on 1300 068 736, contact us today.
This publication has been carefully prepared, but it has been written in general terms and should be viewed as broad guidance only. It does not purport to be comprehensive or to render advice. No one should rely on the information contained in this publication without first obtaining professional advice relevant to their own specific situation.
The post The Important Role of Accountants in Family Law Matters appeared first on Murdoch Lawyers.

On 1 March 2020 new annualised salary arrangements commenced operation in 22 modern awards.  The new provisions impact full time employees receiving annualised salaries and require employers to advise these employees in writing of the following:

How the annualised salary has been calculated, specifying separate components and factoring in any overtime, penalty rates or other assumptions used;
The outer number of ordinary hours that would attract penalty rates under the modern award; and
The outer number of overtime hours the employee may be required to work in a pay period or roster cycle without receiving any additional payments.

Employers must also keep a record of the hours worked by these employees, their start and finish times including meal breaks and have the record signed by each employee. Every 12 months or when the employee leaves, employers must conduct a reconciliation to check that the employee has been better off under the annualised salary arrangements compared to the award. Where there is a shortfall the amount must be paid to the employee within 14 days.
If you have not done so already, you should:

Assess how each annualised salary arrangement was formulated, identify the assumptions used and the calculations made to determine the annual pay rate and ensure these remain accurate and reflect the current award rates and entitlements;
Enter into new written arrangements with all employees that receive annualised salaries which meet the specific requirements of the relevant award;
Have comprehensive set off provisions in your employment agreements;
Implement a timesheet system which meets the award requirements and includes the employee signing off or otherwise agreeing in writing that the hours recorded are correct; and
Conduct audits annually and when an employee leaves to reconcile the annual salary against the award entitlement.

Not all modern awards are impacted by these new provisions. If you are unsure if your business is affected, please contact our Business and Employment team Suzanne Wishart and Matt Bell on 1300 068 736.
Even if your business is not impacted by these new modern award provisions, it is a timely reminder to review your annualised salary arrangements and ensure that you do not become the next employer being accused of wage theft!
This publication has been carefully prepared, but it has been written in general terms and should be viewed as broad guidance only. It does not purport to be comprehensive or to render advice. No one should rely on the information contained in this publication without first obtaining professional advice relevant to their own specific situation.
The post Have You Reviewed Your Annualised Salary Arrangements to Ensure You are Complying with new Award Requirements? appeared first on Murdoch Lawyers.

Some contracts contain a term that specifically requires personal performance of the work under the contract by a party to that contract. What happens if, despite this term, the person or company supposed to carry out the work instead engages subcontractors to do it?
This question was recently considered by the New South Wales Court of Appeal in the case of Advanced National Services Pty Ltd v Daintree Contractors Pty Ltd [2019] NSWCA 270 (5 November 2019).
In that case, under its contract, Advanced agreed to perform commercial cleaning services for Daintree’s clients, and the contract expressly prohibited the use of subcontractors by Advanced unless approved by Daintree in writing. Despite this, Advanced used subcontractors without obtaining Daintree’s consent for approximately 90% of the cleaning services carried out.
When Daintree discovered that unauthorised subcontractors had been engaged, Daintree terminated its contract with Advanced. Advanced then sued Daintree for $368,876, being the amount it claimed was owed for the cleaning work carried out.
The important question before the Court was whether the $368,876 had been “earned” by Advanced at the time the contract was terminated by Daintree.
The Court decided that Advanced did not earn the bulk of the $368,876 because Advanced had not performed the cleaning services itself. The specific obligation on Advanced to “perform the cleaning services” itself was crucial in the Court determining that Advanced was personally obliged to carry out the contract.
The Court also decided that a breach of the term of the contract by Advance prohibiting the use of subcontractors without the written approval of Daintree was a fundamental breach of the contract, entitling Daintree to terminate the contract as it did.
The Court found that Advanced had not earned the $368,876 claimed, and was only entitled to no more than $47,660, being an amount that reflected the cleaning services Advanced had performed itself.
As Advanced would have had an obligation to pay its subcontractors to carry out the cleaning services leaving them out of pocket this may seem unfair to Advanced, but the Court determined that the contract was framed in terms that made it clear that Advanced was to perform the cleaning services personally, or only use subcontractors if Daintree agreed. Neither occurred, save for the work valued at $47,660.
Given the decision of the Court in this case, it is important that a contract requiring personal performance is judiciously drafted. A contractor should review the contract carefully before engaging subcontractors to ensure it is permitted, failure to do so may result in significant financial loss.
If you would like more information or advice about this issue, please contact the team at Murdoch Lawyers on 07 4616 9898.
This publication has been carefully prepared, but it has been written in general terms and should be viewed as broad guidance only. It does not purport to be comprehensive or to render advice. No one should rely on the information contained in this publication without first obtaining professional advice relevant to their own specific situation.
The post Do You Use Subcontractors? Do You Know What Happens When You Shouldn’t? Answer: You Might Not Get Paid appeared first on Murdoch Lawyers.

Over the last few years there has been a significant rise in the number of senior Australians looking outside the box for care arrangements. This has resulted in the increased popularity of what is known as a ‘Granny Flat Arrangement’  – but how do these alternatives to traditional care facilities affect your estate planning?
A Granny Flat Arrangement is defined as when a person exchanges assets or money for a right to live on someone else’s property for as long as they live.
A typical situation is parents looking to enter into a Granny Flat Arrangement with their adult child. This would usually fall into one of three categories:

the parents pay to construct a custom built granny flat on the child’s property;
the parents pay an agreed amount to the child for a right to live in part of the child’s existing home; or
the parents transfer their home to the child, with all parties to then live together in the same property (with the child now listed as the legal owner).

For scenarios 1 and 2, the parents will often sell their family home and give part (or all) of the sale proceeds to the child in exchange for their Granny Flat Arrangement.
Whilst this arrangement can work well for all parties, there are times when it can go awry and have considerable consequences for one or both parties. In particular, a Granny Flay Arrangement can have a significant impact on both the parent and the child’s estate planning.
Before entering into a Granny Flat Arrangement, it is important to consider the following:
For the Parent:

Understand that the Granny Flat is no longer your asset, and you cannot note it in your Will;
Unless you have a legal agreement stating otherwise, the payment made to the child is also not your asset, and cannot be noted in your Will;
Since you have now given a significant asset to one child, how will you make provisions for other children in your Will? In particular, if the other assets are minimal. For example:

if you live for another 20 years and one child provides care for you during that time, then it would be fair if they received the majority or a significant portion of your estate; however,
if you were to pass away 6 months after the arrangement commenced, the situation is likely to be very different.

Consider what is to happen if you do require a higher level of care at a later date and how this would be funded, particularly if you have no other major assets after payment for the Granny Flat Arrangement has been made;
It is crucial that you have a valid Enduring Power of Attorney in place so that decisions can be made on your behalf by the person of your choosing, should you lose capacity at a later date.

For the Child:

As the Granny Flat is their asset, this must be managed appropriately in their Will, for example is it the intention of the parties that if the child died first then the parents would have the right to continue to live in the Granny Flat?; and
What is to happen if you were to lose capacity? Would it be feasible for the parents to remain living in the Granny Flat, without you being able to provide care to them? What if the property needed to be sold to fund the care requirements?

I am considering a Granny Flat Arrangement – where to from here?
The above issues are just the tip of the iceberg of what all parties should consider before entering into a Granny Flat Arrangement. If you are considering a Granny Flat Arrangement, it is crucial to:

obtain legal and financial advice before entering into the agreement; and
if you decide to proceed, legally document the agreement in a Deed of Family Arrangement or similar document.

If you would like to discuss how a Granny Flat Arrangement could work for your family, contact our experienced Estate Planning team at Murdoch Lawyers today on 07 4616 9898.
This publication has been carefully prepared, but it has been written in general terms and should be viewed as broad guidance only. It does not purport to be comprehensive or to render advice. No one should rely on the information contained in this publication without first obtaining professional advice relevant to their own specific situation.
The post Estate Planning Risks of the Granny Flat – What to Consider Before Entering into the Arrangement appeared first on Murdoch Lawyers.

The hustle of getting the kids ready to go back to school is over. Uniforms are purchased, books are covered and the kids are now sitting comfortably in their classrooms, some for the first time – exciting times are ahead! For some separated parents, however, there may be uncertainty about commencing the new school year, particularly for those that have not reached an agreement about the future care arrangements for their children. This article will address some common questions and scenarios that we often come across in family law matters, as well as some suggestions on how to manage those situations effectively.
Attendance at School
In Queensland, there is a requirement that children attend school and that they attend on every school day unless they have a reasonable excuse (i.e. sickness). This requirement applies to parents that have children aged from 6 to 16 years old (or if the child has completed year 10, whichever occurs first).
It is well documented that regular attendance at school is beneficial for children (for a number of reasons), which has led to Education Queensland enacting the Every day counts initiative.
Non-attendance at school can lead to a contentious issue between parents and furthermore parents should be aware that a child’s poor attendance will be highlighted to a Court, should the matter proceed there.
Parents should try as best they can to ensure that their children attend school as regularly as possible. If for some reason you are having difficulty in this area it is best that you seek the appropriate support sooner rather than later. If the reason is due to the child not wanting to attend school, it may be necessary to engage the assistance of a counsellor or psychologist.
If a child cannot attend school for a significant length of time then it would be helpful to stay in contact with the school to see whether there is any work the child can be doing whilst they are away, any deadlines for assignments or when exams may take place.
Conduct at School
There will be a number of events throughout the year where parents are invited to the school and if both parents attend there is the possibility that they may need to communicate with each other.
Some parents are able to behave amicably and maintain a level of communication, which is fantastic because it means coming to agreements on decisions about the children is easier to accomplish. Others however may not be able to able to effectively communicate or be amicable toward each other, particularly if there are still some unresolved matters between them (with respect to parenting and/or property matters).
It is crucial that parents attempt to be as civil as possible and avoid any confrontations at the school. It will more than likely be the case that the children will be present (with their friends) and any kind of scene could be embarrassing for them and potentially put their emotional wellbeing at risk.
If the matter proceeds to Court then any scene caused at the children’s school is likely to form part of the material before the Court. More importantly, this may cause or perpetuate conflict between parents which could make it more difficult to resolve matters.
It is also essential that parents control their regular communication with the school and do not attempt to circumvent the other parent’s involvement (unless there are Orders in place that do this). An example of this would be directing the school not to provide the other parent with school reports or other crucial information about the children’s schooling.
Compliance with Orders
From time to time in family law we are presented with matters where the separated parents query whether there is any obligation from schools to ensure that the arrangements in the Orders are complied with.
This is an understandable question given the large portion of parenting arrangements that involve schools in some way. Commonly this involves:

Changeovers occurring at school so that time can be facilitated;
Children’s enrolment;
Provisions (sometimes restrictions) on parents attending events at the school; and
Provisions (sometimes restrictions) on access to information from the school.

Despite the fact that arrangements may involve the school it does not create an obligation for the school to comply or take any steps to ensure that there is compliance with the agreement or Orders.
If there are Orders in place which set out the parenting arrangements, those Orders only create obligations on the parties to the Order. In the majority of cases, the parties to proceedings are the parents, however in some cases this can extend to grandparents, aunts, uncles, adult siblings etc.
Should the parties to the proceedings be only the parents, then the obligation is on the parents to comply with those Orders. A school would be considered to be a third party and therefore there is no active obligation on the school to ensure that the parents are complying with the Orders.
However, third parties (such as schools) will face consequences if they intentionally prevent a person from complying with a parenting Order or they aid or abet a contravention of the Order. In a more practical sense, there have been little to no cases that have explored a school preventing a party’s compliance with an Order or aiding and abetting a contravention of an Order. It is generally the case that schools have policies and procedures in place to manage the needs of separated families.
To assist the school it would be helpful to provide them with a copy of any Orders that you may have in relation to the children. If you have recently separated and/or there are no Orders in place, it would be helpful to inform the school of the separation and any informal agreement reached.
Separated parents are likely to face a number of hurdles throughout this stage of their lives and the lives of their children. If you find yourself going through a separation and need guidance on how to navigate it, or would like to discuss drafting an agreement, please do not hesitate to contact the experienced and dedicated family law team at Murdoch Lawyers on 1300 068 736, we are ready to help.
This publication has been carefully prepared, but it has been written in general terms and should be viewed as broad guidance only. It does not purport to be comprehensive or to render advice. No one should rely on the information contained in this publication without first obtaining professional advice relevant to their own specific situation.
The post Back To School – Navigating Through A Separation With A Young Family appeared first on Murdoch Lawyers.

As part of its four-yearly review of modern awards, the Fair Work Commission will be introducing new provisions regarding annualised salary arrangements in 22 modern awards. The new provisions will affect full time employees and commence on 1 March 2020.
There are three category clauses being introduced depending on the award. They will require employers to ensure that any employees who are paid annualised salaries are in a better position when compared to entitlements they would have otherwise received under the relevant award.
Both provisions will generally require employers to advise employees in writing and keep records of the following:

How the annualised salary has been calculated, specifying separate components and factoring in any overtime or penalty assumptions used;
The outer number of ordinary hours that would attract penalty rates under the modern award; and
The outer number of overtime hours the employee may be required to work in a pay period or roster cycle without receiving any additional payments.

Employers must make additional payments to their employees if the work hours are in excess of the outer limits specified in their salary arrangements. They must also keep a record of the hours worked by employees, have the record signed by each employee, and every 12 months conduct a reconciliation to check that the employee has been better off under the annualised salary arrangements compared to the award. Where there is a shortfall the amount must be paid to the employee within 14 days.
You need to prepare now to ensure you are compliant with these new provisions! Even if your business is not impacted by these new modern award provisions, it is a timely reminder to review your annualised salary arrangements and ensure that you do not become the next employer being accused of wage theft.
For further information and to find out if your business will be impacted by the changes, please contact our Business and Employment team Matt Bell and Suzanne Wishart on 1300 068 736.
This publication has been carefully prepared, but it has been written in general terms and should be viewed as broad guidance only. It does not purport to be comprehensive or to render advice. No one should rely on the information contained in this publication without first obtaining professional advice relevant to their own specific situation.
The post Managing Annualised Salaries – Modern Award Changes from 1 March 2020 appeared first on Murdoch Lawyers.

From 1 January 2020, the Human Rights Act 2019 (Qld) (the Act) commenced operation in its entirety with the Queensland Human Rights Commission (the Commission) having commenced handling complaints.
Queensland joins the Australian Capital Territory and Victoria as the only States in Australia with human rights legislation. Businesses should be aware of the new complaints system, in particular, businesses that are or may be considered a public entity under the Act.
Human Rights Act
A primary objective of the Act is to require public entities to make decisions that are compatible with human rights.
A public entity is an organisational body providing services to the public on behalf of the State. A public entity may also be a non-state police officer or an entity subject to obligations through a declaration. Public entities are defined in the Act as ‘carrying out functions of a public nature’ for the State.
Public entities include State and Local Government, the police, public schools, public health services, and other bodies performing functions of a public nature. A public entity does not include Federal Public Services and entities, only those of the State of Queensland, and private schools are not public entities.
Pursuant to section 58 of the Act, it is unlawful for a public entity:

to act or make a decision in a way that is not compatible with human rights; or
in making a decision, to fail to give proper consideration to a human right relevant to the decision.

The Act protects some 23 human rights and freedoms, including:

recognition and equality before the law;
right to life;
protection from torture and cruel, inhuman or degrading treatment;
freedom from forced work;
freedom of movement;
freedom of thought, conscience, religion, and belief;
freedom of expression;
peaceful assembly and freedom of association;
privacy and reputation;
protection of families and children;
cultural rights – Aboriginal peoples and Torres Strait Islander peoples;
rights to liberty and security of person;
fair hearing;
rights in criminal proceedings;
children in the criminal process;
right not to be tried or punished more than once;
right to education; and
right to health services.

New Complaints System
For alleged breaches of human rights, the Act provides for complaints to be made initially to the public entity against which a breach of human rights is alleged.
Once 45 business days has elapsed, if the complainant is dissatisfied with the response the complainant may refer the matter to the Commission. The Commission will attempt to resolve the complaint by agreement or by way of a compulsory conciliation conference.
A person cannot claim financial compensation for a breach of the Act.
A Court or Tribunal cannot generally hear or determine complaints about breaches of human rights, however, exceptions exist, such as if the Court is in the process of a hearing based on another law.
The Commission can accept complaints regarding conduct in breach of the Act, the Anti-Discrimination Act 1991 (Qld) and the Public Interest Disclosure Act 2010 (Qld).
Takeaways
If your business is, or may be considered, a public entity under the Act, you should have clear policies and procedures which cover human rights and ensure that management and employees clearly understand their requirements.
If you require any advice about the possible application of this legislation, or assistance implementing appropriate policies and procedures or responding to a complaint, please contact our Business and Employment team Matt Bell and Suzanne Wishart on 1300 068 736.
This publication has been carefully prepared, but it has been written in general terms and should be viewed as broad guidance only. It does not purport to be comprehensive or to render advice. No one should rely on the information contained in this publication without first obtaining professional advice relevant to their own specific situation.
The post Business Alert – Human Rights Obligations in Queensland appeared first on Murdoch Lawyers.

Separating from a partner is a stressful experience during which there can be a lot to update and organise. One thing that can easily be overlooked is the important step of updating your estate planning documents to factor in your change of circumstances.
Many people do not realise that separation does not automatically revoke a Will, Power of Attorney, Superannuation Beneficiary Nomination, Life Insurance Beneficiary Nomination or an Advance Health Directive.
Wills & Powers of Attorney
Any clause in your Will or Power of Attorney naming your ex-spouse as an executor, attorney or financial trustee for your children will remain in force until you sign new documents, even if you are divorced. Any clause in your Will which gifts property to your ex-spouse will continue to be effective until divorce or the property settlement is properly finalised.
Jointly Held Property
It is usual for property to be held in joint names when people are married or in long term relationships. Joint property ownership can be recorded in two different ways, as joint tenants or as tenants-in-common. The effect of property being held in the form of joint tenants is that if one person dies, their interest or share in the property automatically reverts to the other person, regardless of the terms of a Will.
Separation and divorce have no effect on joint tenancy – it is important to take the step of signing documents to ‘sever’ the joint tenancy so that you will then own a defined half interest which will not automatically pass to your former partner if you die.
Life Insurance
It is common for couples to nominate each other as the beneficiary of their life insurance policies. Neither separation nor divorce have any effect on a life insurance beneficiary nomination. It is vital that you change the nomination by contacting your insurer.
Superannuation
Similarly, it is usual for parties to have nominated their partner as the beneficiary of their superannuation death benefits. That nomination will be recorded on your Member Statement. Separation does not invalidate that nomination – you should contact your super fund or download a new beneficiary nomination form to ensure that your superannuation does not automatically get paid to your former partner if you die. It may be more appropriate that the funds be paid to your estate so that your ‘new’ executor can deal with them in accordance with the terms of your updated Will.
If you would like to discuss updating your estate planning, contact our experienced team today on 1300 068 736 to arrange an appointment.
This publication has been carefully prepared, but it has been written in general terms and should be viewed as broad guidance only. It does not purport to be comprehensive or to render advice. No one should rely on the information contained in this publication without first obtaining professional advice relevant to their own specific situation.
The post Estate Planning & Family Law – What You Need To Know appeared first on Murdoch Lawyers.

Social media use is under the spotlight. With the Israel Folau case and a recent High Court decision on the sacking of a public service employee responsible for an anonymous Twitter account very critical of the government highlighting the conflict between private use of social media and employers’ expectations of their employees’ use of social media.
Social media is an inevitable part of life and work and is often used as a tool to communicate within and outside the workplace. This article considers the lines between an employee’s personal use of social media and their obligations as an employee.
The parameters of what is acceptable use of social media by an employee are constantly changing as the number and type of platforms and prevalence of their use changes. As demonstrated in the following decisions, the distinction between an employee’s right to post as a private citizen and their role as an employee can be unclear.
In Murkitt v Staysafe Security [2019] FWC 5622, the Commission was required to consider whether an employee’s Facebook post could be the subject of disciplinary action which led to her dismissal.
Murkitt was a long term employee who suffered a psychological injury after a work colleague was killed on his way home from work. She was off work for some months for a psychological injury covered by workers compensation. In February 2019 Murkitt was advised by her medical professionals that she would not be able to return to the workplace. She was angry about this and posted comments on Facebook critical of her employer.
Murkitt’s contract of employment contained a provision that she would not do anything intentional that was, or may be, harmful to her employer. She was the subject of disciplinary action as a result of her post and was ultimately dismissed and brought an unfair dismissal claim.
Whilst the Commission found that her Facebook post constituted a valid reason for her dismissal on the basis it breached her contract of employment and the employer’s social media policy, it found that Murkitt was unfairly dismissed as her dismissal was harsh under the circumstances and disproportionate to her conduct. Of relevance was her 14 years of service, previously unblemished record and her medical condition which contributed to her decision to post the comments.
In Singh v Flight Support Pty Ltd [2016] FWC 6186 a casual baggage handler was dismissed following public posts on Facebook outside of work hours that appeared to express radicalised views such as “We all support ISIS” when posting an article posted by an Australian Islamic Group.
The employer had a social media policy in place and Singh was authorised to work in restricted security sensitive areas of Perth airport in his employment.
Prior to terminating his employment Singh was called to a meeting to discuss his Facebook posts. Singh said the posts were sarcastic, he was opposed to ISIS and apologised that his posts had been misinterpreted. His employer adjourned the meeting for some 10 minutes to consider his response before returning and terminating his employment on the basis of his Facebook posts.
Singh brought an unfair dismissal claim against his employer. The Commission found that Singh’s posts were a breach of its social media policy, he had been very stupid and if he had confirmed he was a supporter of ISIS it would have found the Facebook post was a valid reason for dismissal. However, in circumstances where Singh said he did not support ISIS, that his posts were sarcastic, he apologised for the misinterpretation and the employer only took 10 minutes to consider his response, the Commission found there was not a valid reason for his termination.
The Commission placed particular emphasis on the employer’s failure to properly consider and investigate Singh’s response when they met with him to discuss his Facebook posts. However, it is worth noting that Singh’s compensation award was reduced by 40% because of his breach of the employer’s social media policy.
In Renton v Bendigo Health Care Group [2016] FWC 9089 whilst the Commission made adverse findings against Renton it found that his dismissal for social media posts of a sexual nature tagged to some coworkers and leaving blobs of sorbelene on their desks, was disproportionate to his conduct and harsh in all of the circumstances. He was a long term employee with a prior unblemished record and the employer appeared to have met with him having pre-determined its decision.
Takeaways
An employee must be given procedural fairness before a decision is made. This involves properly investigating the social media post/s, putting the post/s to the employee and giving them a chance to respond, considering the response and making a decision after consideration of all of the information and circumstances on the balance of probabilities.
The line between the right of an employee to express their personal views and an employer’s right to restrict the social media communications of employees is the subject of much debate across Australia. Many employees have an online presence as part of their employment but will also maintain separate personal email accounts. This means a comprehensive social media policy is vital.
A good social media policy should give employees a clear understanding of their employer’s expectations when posting online. Confidential and commercial information should clearly be off limits and not matters that are the subject of social media posts. Photos taken at the workplace or at work related events should also be off limits, or at least subject to vetting. You don’t want confidential work information inadvertently revealed in a photo or those embarrassing dance moves of the CEO at the Christmas party splattered across social media.
Personal posts are more difficult to clearly regulate. Generally, an employee has the right to post personal views on social media. However, where these posts concern the workplace or could adversely impact the employer it becomes less clear. Social media channels that are open to the public are particularly open to scrutiny from an employment context.
Depending on the nature of the employer’s business and the subject employee’s role, all employees may be considered ambassadors of the employer’s brand and reputation.
The policy should define what constitutes social media and keep it broad to capture all possible tools. It is helpful to give employees clear examples of what is, and what isn’t, acceptable.
If the post reflects a personal view but could bring the employer into disrepute by association it is not acceptable. Obviously posts that breach confidentiality or express negative views of the employer or individual employees are a no no.
Make it clear when it is appropriate for employees to use social media during work time – if at all – so that employees clearly understand the amount of usage that is acceptable.
It is helpful to warn employees of the pitfalls of social media by giving some examples where employees have come unstuck. In an age where detailing every aspect of your life on social media is not uncommon these lines can be blurred.
The policy should clearly identify the consequences of breaching the policy and the range of penalties/outcomes that might occur.
In considering whether an employee’s dismissal is harsh unjust and unreasonable, the courts will consider whether:

the employer had a social media policy and what the policy required;
the alleged conduct occurred;
there was a sufficient connection to the workplace;
the employee was given a chance to respond before a decision was made to terminate; and
the punishment was proportionate to the crime.

Get advice before making a decision to discipline an employee for their use of social media.  Every case will turn on its particular facts and the courts’ views on the do’s and don’ts is ever-changing.
If you would like more information about developing your own Social Media Policy or to seek advice about disciplining an employee for their use of social media, please phone us on 1300 068 736.
This publication has been carefully prepared, but it has been written in general terms and should be viewed as broad guidance only. It does not purport to be comprehensive or to render advice. No one should rely on the information contained in this publication without first obtaining professional advice relevant to their own specific situation.
The post Beware the Tweet! Social Media in the Workplace appeared first on Murdoch Lawyers.

The Queensland Government has recently amended the requirements for transferring leasehold land by introducing a new exemption from obtaining the Minister’s consent to the transfer.
Prior to this amendment, you could only transfer leasehold land if:

you obtained the Minister’s consent to the transfer (and obtained a rental clearance certificate showing that no rent was owing in relation to the land and the Buyer provided a Statutory Declaration that it is aware of the condition of the leasehold land); or
the land was a road licence and each of the following conditions were met:

the licensee also owned freehold land adjoining the road licence;
the freehold land and the road licence were each subject to a covenant providing that neither lot can be transferred without the other;
both the road licence and the freehold land were transferred to the same person at the same time; and
all charges owing to the State for the road licence were paid.

On 2 December 2019 the State Government introduced a new exemption which outlines that Ministerial Consent is no longer required for certain types of notified leasehold land, i.e.

primary production leases in rental category 11 (which includes certain leases (including perpetual and term leases), licences and permits to occupy whose use is primarily for primary production);
residential leases in rental category 12; and
business and Government core business leases in rental category 13.

The Lease, however, must not be:

issued for significant development and require a financial and managerial capability assessment; or
subject to a:

performance guarantee bond;
deed of indemnity;
mortgagee in possession; or
sale by a mortgagee exercising a power of sale or have an appointed receiver/manager.

So that you don’t have to determine if your leasehold land meets the requirements for the new exemption, the Government has noted an Administrative Advice on the title to each lot of leasehold land that the exemption now applies to (recorded on the title on 2 December 2019). If this Administrative Advice has been recorded on the title to your leasehold lot, you now no longer need to apply to the Government for Ministerial Consent (and don’t have to complete any other documents in relation to the exemption).
If this new exemption (or the above road licence provisions) don’t apply to your leasehold lot, you will need to apply for and obtain Ministerial Consent before you can transfer the land. As it also takes the Government some time to process this application, you need to determine whether Ministerial Consent is required at the outset of your sale, and if it is required, ensure that you apply for it within sufficient time to obtain it before settlement.
If you would like further information on the transfer of leasehold land or need assistance with the sale of your rural property, please contact our Property Law team today on 1300 0368 736.
This publication has been carefully prepared, but it has been written in general terms and should be viewed as a broad guidance only.  It does not purport to be comprehensive or to render advice.  No one should rely on the information contained in this publication without first obtaining professional advice relevant to their own specific situation.
The post Recent Amendment to the Requirements for Transferring Leasehold Land appeared first on Murdoch Lawyers.

As the New Year approaches, many of us are considering new beginnings, new resolutions and – sometimes – new families. Often parents hold off separating until children return to school, usually hoping to minimise the impact on them.
Here are six key considerations parents should be mindful of if separation is on the table:

What’s best for the kids?

The most important thing for you to think about right now is what is truly in the best interests of the children? It’s pivotal that parents are able to recognise what’s in the children’s best interest, as opposed to their own, and be able to distinguish between the two. If you have concerns about how to best deal with a situation or a child’s behaviour, consider speaking to a counsellor, psychologist or lawyer about how to best approach the issue.

Do they already know?

Parents often underestimate how perceptive children are and just how much they hear.  If the thought of separation has been voiced at any time, chances are the children have heard it. They might not hear your repeated requests to do the dishes or pick up after themselves, but they usually manage to hear the things you would prefer they didn’t.
If your child is showing signs of not coping with the separation, it’s important to consider enlisting the help of a professional like a child psychologist or counsellor. Wherever possible, always consult the other parent before making decisions about significant medical treatment for the children.

Is later really better?

Consider the possibility that the delay in separating might just be your own avoidance. If the home environment is hostile or high conflict, you should seriously consider doing something sooner rather than later as it’s not in the best interest of the children to see their parents constantly fighting. It’s important for both parents to aim to keep the children out of conflict as much as possible, as forcing them to choose sides (intentionally or not) is detrimental to their emotional wellbeing.

How to break the news [and not their hearts].

Be open with your children, on an age-appropriate level.  Ideally both parents would sit down with the children and explain that there will be a change in the family, but that won’t mean a change in the way each parent loves them. This can be a difficult and emotional conversation, and it’s again important for parents to remember that the children’s best interest trumps their own.
In Australia we have a “no fault” divorce system, which means that the Court doesn’t need to know why a couple separates (unless it is relevant to a person’s capacity to parent), they just need to know it’s permanent. Treat the children the same: they don’t need to know the details, and certainly should not be hearing that it’s Mummy or Daddy’s fault.

Remember, there’s still two parents in the picture.

Parents must remember that wherever possible they should be actively encouraging a relationship between the child and the other parent, provided that there is no risk to the children’s safety.
After separation, incidents and exchanges often happen at changeovers, so if one or both parents suspect that there might be an issue, it might be a good idea to restrict direct changeovers where possible, and arrange for children to be picked up and dropped off from school or day care. Where changeovers need to happen on a weekend outside of sporting events for example, try to arrange it in a public place to keep everyone’s behaviour in check.

Are the children supported?

Separation is a difficult time for the whole family, and children can be very emotionally intelligent. For this reason, they might see Mum or Dad sad or upset, and either not ask a question burning inside them, or tell one or both parents what they think the parent wants to hear, not how they’re actually feeling.
Keep this in mind when dealing with children immediately before, during and after separation and, where possible, make sure the children have access to as many “neutral parties” as possible to speak to. These might be close friends, extended family, sporting coaches, teachers and the like.
If you are considering separation or have recently separated and wish to discuss parenting and/or property arrangements, please do not hesitate to contact Murdoch Lawyers on 1300 068 736 for more information on how we can assist.
This publication has been carefully prepared, but it has been written in general terms and should be viewed as broad guidance only. It does not purport to be comprehensive or to render advice. No one should rely on the information contained in this publication without first obtaining professional advice relevant to their own specific situation.
The post ‘Til Death, Difficulty, Distraction or Difference do Us Part: Six Ways to Survive School Holidays when Separation is in the Midst appeared first on Murdoch Lawyers.

Where you are owed money by an individual or a sole trader, the first step in recovering that debt is usually a letter of demand.
A letter of demand requests the individual debtor to pay the debt on or before a particular date.
The letter will normally:

state the amount of the debt;
refer to documents pursuant to which the debt is owed, and ideally enclose copies of invoices and/or statements;
state the due date of payment and how long payment has been outstanding;
repeat any promises previously made for repayment;
give the date by which payment must be received, usually 7 to 14 days;
state how payment should be made; payment to a bank account by way of cleared funds is preferable; and
indicate what will occur if payment is not made; usually, instructions will be sought to issue legal proceedings to recover the debt.

A letter of demand assists resolution of a debt dispute if copies of supporting documents such as contracts, invoices, statements, and previous correspondence are attached to it.
A letter of demand is often more effective if it is written by a solicitor.  Receiving a letter from solicitors demonstrates to the debtor that the creditor is serious about recovering the debt and is prepared to spend money on its recovery. It also provides the recipient with an opportunity to resolve the issue prior to the commencement of legal proceedings, which can be costly to both parties.
Importantly, if a matter does proceed to litigation, courts or tribunals, take account of a demand being made, and in some instances making a formal written demand for the debt is an essential prerequisite before legal action can be taken.
Further, a response to a letter of demand provides an opportunity for the debtor to explain why a debt has not been paid, and if the reason is a valid one, provides a creditor with the opportunity to reconsider its position without incurring further costs. Prior to legal proceedings being commenced, it also flags any possible defence currently being considered by the debtor.
Usually, a letter of demand is sent after numerous attempts have been made by telephone or email to recover the debt. Often a debtor will not be surprised to receive a letter of demand if previous promises of payment have not been kept. The sooner a letter of demand is sent, the greater the chance of the debt being paid sooner, and the more positive effect on cash flow if successful.
It is important to remember that the aim of a letter of demand is to be paid as soon as possible and it should be seen as a regular part of a creditor’s business.  A solicitor issued letter of demand is very often the most cost-effective method of recovery for a creditor.
A letter of demand must be properly phrased. Letters made to look like Court documents, threats regarding credit being effected for failure to make payment, and threats of legal action for which the writer has no instructions or authority may contravene the Australian Consumer Law.
A letter of demand can be distinguished from a statutory demand issued to a company, where it is a company, rather than an individual or a sole trader, which owes the debt. A statutory demand has severe consequences for a company if it is not responded to by way of payment or an application to Court to set it aside within a very strict 21 day time limit.
If you are a company or a creditor and would like more information or advice about debt recovery, please call the experienced Murdoch Lawyers Debt Recovery Team on (07) 4616 9898.
This publication has been carefully prepared, but it has been written in general terms and should be viewed as broad guidance only. It does not purport to be comprehensive or to render advice. No one should rely on the information contained in this publication without first obtaining professional advice relevant to their own specific situation.
The post Debt Recovery: Individuals and Letters of Demand appeared first on Murdoch Lawyers.

As a result of the five yearly review of Queensland’s workers compensation scheme, the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (Act) has just been amended.
Definition of injury
One of the most important changes is to the definition of a psychological or psychiatric injury.
Prior to these changes, from 2013 to November 2019 the Act stipulated that for a psychological or psychiatric injury to be a compensable injury, the psychiatric or psychological disorder must have arisen out of, or in the course of, employment and employment must have been the major significant contributing factor to the injury.
For any other injury to be compensable, employment simply had to be a significant contributing factor.
The Act has been amended to remove the major qualifier from the definition of psychological or psychiatric injury.  Now for a psychological or psychiatric injury to be a compensable injury, employment must simply be a significant contributing factor.
This important change reflects the requirements of the Act before the 2013 amendments, when the definition of compensable psychological injury only required the worker’s employment to be a significant contributing factor.
Rationale for the amendment
According to the Explanatory Memorandum, the amendment:

restores the position that existed prior to the 2013 amendments to the Act;
is not expected to result in a major increase in compensable psychological or psychiatric injuries (prior to the 2013 amendments the rejection rate was 61.5%, compared to a 62.5% rejection rate in 2018); and
allows Queensland to align with other jurisdictions (none of the other Australian jurisdictions require work to be the major contributing factor).

Reasonable management action
Despite the amendment, injury does not include a psychiatric or psychological disorder arising out of, or in the course of, any of the following circumstances:

reasonable management action taken in a reasonable way by the employer in connection with the worker’s employment;
the worker’s expectation or perception of reasonable management action being taken against the worker; or
action by the Regulator or an insurer in connection with the worker’s application for compensation.

Example of actions that may be reasonable management action taken in a reasonable way include:

action taken to transfer, demote, discipline, redeploy, retrench or dismiss the worker;
a decision not to award or provide promotion, reclassification or transfer of, or leave of absence or benefit in connection with, the worker’s employment.

What employers should do
An employer should manage their workers reasonably and in a reasonable way.
If an employee lodges a workers compensation claim which the employer does not support, the employer should, immediately upon receiving the claim, make submissions to WorkCover as to why the claim should not be accepted.
An employer’s failure to make these submissions within the first week after receiving a claim is likely to result in WorkCover accepting the claim.  Once a claim is accepted, subject to a successful appeal, the employee will be entitled to receive statutory compensation and pursue a common law damages claim against their employer.
It is anticipated that this important change will result in an increase in workers compensation claims for psychiatric or psychological injuries being made by employees as well as an increase in the number of these claims being accepted.
Given the significant premium and associated impact a claim can have on your business, if you have concerns about a worker’s compensation claim being made by your employee it is important to seek advice as soon as possible.
Murdoch Lawyers regularly assists employers:

understand the workers compensation and employment law system;
object to questionable workers compensation claims; and
appeal WorkCover’s decisions.

If you need assistance with this or any other business or employment law matter, please contact us on 1300 068 736.
The post Easier Access to Workers Compensation for Psychological or Psychiatric Injuries? appeared first on Murdoch Lawyers.

The upswing of large scale CSG development in the Surat Basin since 1996 has been an emotive and often unwelcome distraction for affected land owners. Now, in the grip of one of the worst droughts in living memory, many affected owners have been grateful for the regular, and often substantial, income stream paid by CSG companies for the impact the gas extraction has on their land and business operations.
While the long term impact of CSG on agribusiness remains controversial, increasingly land owners are coming to the view that if CSG is going to be developed on their land, then they need to ensure that they have the best compensation arrangements they can reasonably achieve.
Compensation arrangements paid by CSG companies are documented in a Compensation and Conduct Agreement, commonly known as a “CCA”. With CSG development programs expected to last for 20+ years, it is important to consider the long term impacts of the deal struck in CCA’s with CSG operators.
What makes for a “good” CCA?
Each land owner’s situation is unique and requires careful consideration when negotiating compensation arrangements. In the 25 years that Tony has been assisting land owners with the start-up and expansion of CSG in Queensland, there has been no “standard” arrangement that suits each and every land owner and the only “constants” he has been able to identify are:

the industry is in a continuous state of change, with the technology constantly evolving and changing to become more efficient; and
the CSG personnel are rarely long term, with high turnover of staff the industry norm.

With this in mind, there are a number of general considerations that a land owner should be aiming to achieve when negotiating CCA’s. Broadly, these are:

tax advantaged compensation arrangements – tax impacts can make a huge difference to the amount left “in hand” from compensation arrangements;
achieving a CCA that your bank manager and valuer see as value-adding to your property;
a document that clearly records in detail the expected impacts of the CSG development activity on the property, including expected time frames for various activities and when they will begin;
strong bio-security procedures and obligations on the CSG company;
value adding:

by supplying materials or services where possible; and
arranging for infrastructure needed for CSG development on the property to be located in ways that add value (or at least minimise adverse impacts).

a dispute mechanism that provides for gradual escalation of issues of concern to the land owner, with the CSG company paying for the landowner’s costs unless the landowner is found to be behaving unreasonably; and
a clear trail to follow, detailing how the compensation agreed has been calculated in relation to the expected impacts. This is important when dealing with the inevitable changes in personnel and changes in how the CSG development unfolds on the property.

Some of the best CCA arrangements identified include those for the Fairy Meadow Road Irrigation Pipeline that was delivered by Origin. In that arrangement 7 landowners are given access to large volumes of treated CSG by-product water that is then used for extra irrigation on their land. The arrangement helps Origin dispose of by-product water in a way that adds value to the local community. The arrangement will not last forever, as volumes of by-product water are expected to reduce over time as the gas field dynamics change. In the meantime, there is enough certainty in the arrangements for landowners to make plans for a short to medium term investment to generate significant extra productivity from their land. This extra water is not dependant on seasonal conditions, and is allowing production to continue on those properties despite the severe drought.
Even if extra water is not part of the compensation arrangements (and it usually won’t be), a cash flow stream that is not dependant on the seasons allows for safety in borrowing to either invest in infrastructure that improves productivity on-farm or to buy income producing “off farm” investments that smooth out seasonal cash flow variations.
Don’t get me wrong, there is no doubt that CSG development on a rural property creates extra work and inconvenience for the land owner. A well-constructed CCA recognises this and properly compensates the affected landowner. An affected land owner should be aiming to be better off as a result of the extra impact CSG will have on the running of their business.
“Bad” compensation arrangements
So, if we know generally what a good CCA arrangement looks like, what are the things that make for a “bad” CCA? This issue has usually arisen when a client interested in buying a rural property that comes with CCA arrangements in place that they will inherit as the potential new owner.
The CCA’s that Murdochs has reviewed and advised potential buyers against have had some of these types of issues:

inadequate compensation generally – sometimes a land owner has agreed to figures that are much less than the accepted “going rate” in the area;
no review mechanisms to increase compensation over time or if the CSG development on the property changes from the plan that applied at the time the CCA was negotiated;
little or no clarity on expected impacts/timing of the development on the land;
no thought to long term commercial impacts – a classic issue is the original owner that has taken all or most of the compensation up front (usually at a substantial discount), leaving little or no compensation for any new owner;
no effective dispute resolving process (there will almost invariably be some wrinkles that need sorting out;
CCA’s where the CSG company is given very broad powers, such as “anything ancillary to the permitted activities”. While these might be “ancillary” to the permitted activities, in and of themselves they can have very substantial impacts that the land owner might reasonably expect to be compensated for.

Of all these issues, one that is the most difficult to recommend to a potential buyer is when a previous owner has walked away with the compensation for the next 15-20 years’ worth of impact that the CSG development will have on the property in question. Many potential buyers are likely to apply a discount to properties where this has happened. It does not mean that the property will not sell, but there is no doubt that the seller may be getting less than they otherwise would. In the future these properties may also be negatively marked by banks and valuers as potential security for borrowings.
A commercial legal approach
There is no perfect outcome for land owners affected by CSG development on their land. While the aim of any CCA negotiation should be to make sure the owner is better off in return for having CSG development on their land, there are some impacts that a CSG company cannot or will not give a guarantee against.
There is also the issue of the limitations that CSG development can have on properties. An example of this are some American and Chinese investors who are active in Australian agribusiness rightly or wrongly have very strong views on potential contamination caused by CSG. These potential buyers are not interested in buying properties where there is CSG development and so the potential buyer pool is reduced for affected land owners.
This leaves the land owner with having to make a commercial decision on what risks they will accept as a result of CSG development and what price they put on the risks they do accept. A good lawyer helps inform the land owner in clear terms of the likely risks and provides practical options for the land owner to consider in response. Even better is a lawyer with a strong understanding of the factors that positively and negatively affect a property’s value long term.
Whether you are a fan of CSG development or have serious misgivings, if you are a landholder with CSG activities on or proposed for your property, the care you put in to negotiating CCAs can have a significant impact on the value of your land. It is worth getting an expert on your side, phone Tony Randall today on 1300 068 735 to discuss your situation.
The post CSG Compensation – A Drought-proof Income appeared first on Murdoch Lawyers.

We are pleased to announce that Murdoch Mediations is now live!
Who?
Andrew Crooke and Dean Foley bring over 35 years of Family Law experience to separating parties looking to avoid the cost (emotional, financial and time) of litigation. Both Andrew and Dean are Accredited Specialists in Family Law and bring immeasurable experience to the breadth of Family Law issues.
What?
Our accredited mediators offer Mediation services tailored to each family’s individual needs. As experienced litigators, our Mediators have the expertise to critically analyse positions and proposals, while facilitating a negotiated outcome for the parties.
When?
Our Mediators have limited availability in December and January, increasing into 2020. You can check our availability on our website, see Andrew’s calendar here and Dean’s calendar here.
Where?
All locations in Queensland, New South Wales and the Northern Territory.
Most importantly, Why?
There are countless reasons why parties should consider Mediation, however most of our clients cite:

Litigation can be onerous as it is often an expensive and lengthy process;
The impact of Court proceedings on the parties (and any children) is significant and ongoing;
Legal advice can be obtained before, during and after a Mediation, so there is no detriment to parties in electing to settle outside of Court;
Mediation can be conducted at the parties’ desired pace;
The process is confidential, allowing both parties to put their best offers forward without fear of later retribution in the Court system;
Meditation is focused on facts and outcomes, as opposed to accusations;
Generally, the sooner parties reach a resolution, the less strain on the already severed relationship and other related parties, such as children and close family and friends; and
Mediation can offer a controlled environment for dispute resolution, as opposed to leaving personal circumstances subject to change, scrutiny and intervention of a Court restricted by time and the evidence before it.

We would like to thank everyone for their continued support and encouragement.
For more information visit the website at www.murdochmediations.com.au or contact us on 1300 068 736.
The post Murdoch Mediations is Live! appeared first on Murdoch Lawyers.

When Kent Reimers of Toowoomba Cricket Incorporated (TCI) approached Murdoch Lawyers to be the naming rights sponsors of the inaugural Darling Downs Bush Bash League (DDBBL), the team couldn’t have been more excited to accept.
An initiative that was years in the making, the DDBBL was established by Kent Reimers, a current Toowoomba coach and former fast bowler.
The 6 teams participating were owned by local businesses and comprised of players from across the region. Spanning over 7 weeks with 16 matches, the 6 teams battled it out for victory at various fields around the Toowoomba region, attracting existing and new cricket fans of all ages.
The Grand Final on 27 October was between Livewired Lightning and the George Banks Umbrellas, with Livewired Lightning taking the trophy.
The support from the community was overwhelming, it’s clear that Toowoomba and the Downs are enthusiastic about the League continuing over the years to come.
Not only is it bringing the community together, but the DDBBL is creating exciting opportunities for local players, as well as local businesses, and adding to the existing attractions that put Toowoomba on the map for tourists, and families looking to relocate.
The team at Murdoch Lawyers are looking forward to working with TCI to contribute to the future of this competition.
A huge congratulations to Kent Reimers and TCI, as well as the team owners and players, and the businesses involved, for a very successful campaign.
“…this concept is the most fun I have had with cricket since I played!” Brad
“…a fun afternoon and really enjoyed catching up with some old cricket mates!” Dan
The post The Inaugural Darling Downs Bush Bash League a Huge Success! appeared first on Murdoch Lawyers.

The festive season is upon us and as the year draws to a close it opens up a time for celebration with friends, family and colleagues.  Unfortunately for some, this time of year can be one of the most difficult. We have put together a cheat sheet for couples who have separated to attempt to help them make it through the holiday season unscathed.

Celebrate in moderation

Most separated parties who have had any experience with the Family Law Courts will be familiar with one or both parties making allegations of the other making poor decisions, either through behaviour, finances or both.
It is important for parents in particular to remember the “best interests principle”. The Court makes decisions about what arrangements to put in place for children based on what it considers to be in the child’s best interests.  Often those interests may conflict or compete with a party’s own, but the Court’s expectation is clear – children are to come first.
What this means for separated parents celebrating this festive season is that, where one parent conceives that the celebrations get carried away, they may seek the imposition of drug and alcohol screening as a pre-requisite for children spending time with the other parent.  This can be an onerous and invasive process, with collections requiring supervision to meet chain-of-custody requirements, and is administratively challenged by the routine closure of most legal offices as well as the Court over the festive season.
Depending on the type of test sought, drug usage can be detected days, weeks or months afterwards.  Similarly, regular and ongoing use of alcohol will often appear on liver function tests regardless of whether a party abstains from drinking in the days immediately before the sample is taken.
For financial matters, it is also important for parties to remember their obligation to provide full and frank financial disclosure, which is ongoing until an outcome is achieved.  While it might seem like a good idea at the time to shout a round of drinks, when that transaction appears on a credit card or bank account statement it may well incite questions by the other party, particularly if there is a dispute about maintaining mortgage repayments or other debt, or an ability to meet child support or spousal maintenance.  Similarly, large cash withdrawals will often spark concern in those circumstances.
How to put your best foot forward: keep the costs of celebrating down where possible, keep celebrations discreet (especially around social media) and don’t make drugs and alcohol routine in your daily life.

Keep contact with the other party civil and necessary

Unfortunately it’s more often than not that parties are unable to effectively communicate in an amicable way following separation.  It is a particularly difficult time which creates significant emotional and financial pressure, and for this reason separated parties should exercise caution in communication.
Again, it might seem like a good idea to send a text message to your former partner at 2am, but if the person receiving that message doesn’t feel the same (and chances are they don’t, thus the separation), that unwanted contact could prove costly.
Not only does this type of behaviour advertise that one party is out socialising and celebrating, it can further sever the relationship.  If that’s not enough, that contact (especially if repeated) could give rise to a Domestic Violence Order, which will bring with it more emotional and financial costs in trying to defend the Order, or negotiate revised parenting arrangements in the aftermath.
The safest option: communicate only when necessary, and keep all contact civil and at least business-like in nature.

Outplaying the other parent doesn’t make you a winner

Often it is tempting for one (or both) parents to compete with the other for a child’s affection.  Not only does this expose both parties to the obvious vulnerability of the child realising the game and taking control of it, such behaviours can have serious detrimental effects on a child’s psychological wellbeing, which is already of concern as that child grapples with all of the changes in their life (and at times, hostility).
Quizzing a child on the goings-on in the other parent’s home is also fraught with danger, as this can cause a series of problems for both parent and child.  Children will often tell a parent what they want to hear, which can result in misplaced judgment, and usually examples that parent’s anxieties being projected onto the child.
Parenting disputes will more often than not result in the appointment of an expert witness (usually a social worker, psychologist or psychiatrist) to prepare a Family Report.  Rest assured that if the report writer gets an inkling that children are being coached or quizzed by one parent, that finding will surface in the report and attract unsavoury attention by the Courts.
The rule of thumb: if you wouldn’t like the other parent to do it, think twice before you choose to do it yourself.
If you would like to discuss any concerns you may have in maintaining, improving or strategizing on your property settlement or parenting arrangements this festive season, please do not hesitate to contact our team at Murdoch Lawyers on 1300 068 736.
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