Thynne + Macartney is delighted to again be recognised for its expertise in the 2019 Doyle’s Guides for Leading Firms and Lawyers in both Wills, Estates and Succession Planning, and Wills & Estates Litigation in Queensland. Congratulations to our ranked lawyers, Karen Gaston, Margaret McNamara and Ashleigh Poole, and all our team. As the only […]
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You’ve heard of unfair dismissal claims and know of the toll they can take on a business. But are they the only “easy access” claims open to a disgruntled employee? And do senior employees also have rights against employers? Join us at our complimentary breakfast seminar where Special Counsel, Clayton Payne, will examine the general […]
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We are often asked by clients what precautions they need to take when employees, contractors or even backpackers are asked to muster livestock or carry out other routine station activities on quad bikes, ag bikes or on horseback. This is not an easy question to answer as there is a myriad of legislation and decided […]
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As an executor or beneficiary of an estate, it is important to be aware of the capital gains tax (CGT) consequences of selling an estate property on which there is a dwelling. A dwelling is anything that is used for residential accommodation. Where an executor of an estate sells the deceased’s main residence within two […]
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Did you know? The Federal Government abolished 457 visas for skilled foreign workers in 2018 and replaced them with more restrictive visa classes. From 16 November 2019, the Government is introducing two new temporary visas and one new permanent visa to bring up to 23,000 extra skilled workers to regional Australia.   New types of […]
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The rules have changed… again Reforms to the land access laws that govern relationships between landholders and resource tenement holders took effect 19 April 2019 as part of the Mineral, Water and Other Legislation Amendment Act 2018 (Act). The Act has introduced new mechanisms to encourage resource companies and landholders to reach an agreement and […]
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As irrigators and feedlotters compete for access to secure water across dry parts of Queensland, tradable water has become a very valuable commodity. While water allocations have been tradable independently of land since the Water Act was introduced in 2000, water licences remained connected to land and landholders’ rights were limited when it came to […]
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The Environmental Protection (Great Barrier Reef Protection Measures) and Other Legislation Amendment Bill 2019 (Bill) was introduced into the Queensland Parliament on 27 February 2019 and then referred to the Innovation, Tourism Development and Environment Committee for consideration. The Committee tabled its report on 26 April 2019 and it is expected that the Bill will […]
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Landholders and agricultural businesses have become increasingly concerned in recent times as to their rights when faced with trespassers on their property, particularly protestors. In the next few weeks, the Federal Government is expected to pass two key amendments to the Criminal Code Act 1995 (Cth), which will introduce two new offences that aim to […]
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While Australia continues to produce clean, green and safe animal protein, the demand for “fake meat” and “vegan meat” has led to supermarkets and restaurants offering products labelled “meats” which don’t come from a paddock or pen. Since the 1920s, scientists have sought to develop foods which look, feel and taste like animal protein, though […]
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In the modern age when people spend more and more time at work, mutual attraction between workers can often lead to romance. But what happens when the attraction towards one party is unrequited? Can the behaviour of one party lead to a claim of sexual harassment? These matters were explored recently by the Federal Circuit […]
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Is reinstatement a real possibility for a worker who has brought a successful unfair dismissal claim? What sort of matters will the Fair Work Commission consider in this regard? This issue was considered recently in the matter of Wunungmurra. The Facts and Findings The worker in question was subject to a finding that he had […]
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By Alex Ramsey, Partner Hemp arrived as seeds with the First Fleet and was grown on the shores of the Sydney Harbour by convicts. Banned across the country in 1937 and since slowly deregulated, the production of industrial cannabis and its versatile by-product, hemp, has steadily increased and progressive farmers are reaping the rewards. According […]

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By Ari McCamley, Partner One of the criticisms of the current Vegetation Management Act framework is that it is focussed on the retention of trees rather than the achievement of broader environmental outcomes, let alone a balance between environmental outcomes and agricultural productivity. It is glaringly carbon-centric – aiming to preserve remnant vegetation that stores […]

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Recently we published an article entitled “PPS Act – better finance for agribusiness“. This article examines how the Personal Property Securities Act (PPS) can be a useful tool for succession planning. One of the principle purposes of the PPS is to enable financial assistance to be secured against assets other than land. It also gives […]

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A worker is demoted in their employment but remains in the employ of the employer. Does the worker have rights to bring an unfair dismissal claim under the Fair Work Act 2009 (Cth) (Act) against their employer? This issue was examined recently by the Fair Work Commission (Commission) in the matter of Harrison. The Facts […]

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No doubt you will have heard about several recent tenant insolvencies – Roger David, Max Brenner, Maggie T, Oroton, Marcs, David Lawrence, Pumpkin Patch, Sumo Salad, Toys ‘R’ Us and Doughnut Time to name but a few. The reality for landlords when a tenant enters bankruptcy, administration, receivership or liquidation is that they are typically […]

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Case Note – Mary Valley Community Group Inc & Anor v Gympie Regional Council & Ors [2018] QPEC 58 Thynne + Macartney successfully acted for Corbet Property Pty Ltd in a recently decided Planning and Environment Court submitter appeal against a Council approval for a quarry and a concrete batching plant located at Gympie. The […]

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A respondent who applies to the Court to challenge an adjudication decision under Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) as void will typically also seek to restrain the successful claimant from enforcing that decision and where judgment has been obtained, may elect to do so without applying to set aside the judgment […]

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The use of “Nero d’Avola” to describe Australian wine made from that variety has an uncertain future following the recognition under Australian law of the Italian geographical indication (GI) “Avola”. Background On 7 December 2018, Australia’s Geographical Indications Committee (Committee) made a final determination for protection in Australia of the Italian GI Avola, despite opposition […]

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