Publications
Latest News
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“It’s okay, you won’t need a licence….”; another contractor falls afoul of the QBCC licensing regime
07-Nov-2018
The licensing regime erected by the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act) is, to quote Churchill “a riddle, wrapped in a mystery, inside an enigma”. That said, if you want to be involved in the construction industry in Queensland, it is a riddle which you need..
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Beware: the negative online review!
07-Nov-2018
A recent dispute between a building certifier and his client has landed in the District Court after the client posted allegedly defamatory comments on Yelp, True Local and a number of other public business review sites. The building certifier sought damages in the sum of $150,000 a..
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Surcharges under the ACCC microscope
02-Nov-2018
The recent action taken by Australia’s consumer watchdog, the ACCC, against Europcar is a reminder for all business owners to ensure they are not charging “unreasonable” credit card surcharges. The Australian Competition & Consumer Commission (ACCC) has started proceedings in the Federal..
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Changes to casual employment status under Fair Work Act
29-Oct-2018
A recent Full Federal Court decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131 will have a significant impact on casual employment. The Court decided that a worker who was supplied through a labour hire company as a casual truck driver to a mine in Queensland was not in fact a casual emplo..
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Combustible cladding reforms put onus of audit on private owners
25-Oct-2018
Owners of private and local government buildings in the Mackay region must meet new state-wide obligations to undertake a mandatory three stage process to identify if a building has ‘combustible cladding’. Under the new process, if a building is found to have combustible cladding, owners mus..
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When can I record a conversation?
22-Oct-2018
The general position is that it is legal for a person involved in a conversation to record that conversation, irrelevant of whether that conversation is face-to-face, via telephone, or via electronic means. The other party to the conversation does not need to know that they are being record..
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Should you have a lawyer if you have been charged or are at risk of being charged with a criminal offence?
16-Oct-2018
The short answer is yes. We strongly recommend that if you are contacted by the Police Service that you speak with a lawyer before answering any questions. If you are approached by a police officer in a public setting, you are only required to provide them with your name and current add..
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Succession Planning: Part Four – Becoming partners on the family farm
10-Oct-2018
Last month we discussed the vendor financing option for those farmers transferring their farms onto their children and allowing their children to pay off the price over time. If a straight up sale doesn’t suit your family, another option is to have the younger generation gradually buy-in an..
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A trade mark is not a business name, a company name or a domain name
04-Oct-2018
A common misconception is that a trade mark is the same thing as a business name, company name or domain name. It’s not. Business, company and domain names, and trademarks are four distinct identifiers that serve different purposes in the marketplace and registration of them accords mar..
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Don’t let your farm become “Feral Farm” – know your rights and obligations to eradicate feral animals
28-Sep-2018
Today, it is estimated that Australia has up to 24 million feral pigs. The Biosecurity Act 2014 protects Queensland’s economy, biodiversity and people’s lifestyles from the threats posed by invasive pests and diseases. Invasive pests include feral animals which impact on our native ..
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The latest for contractors on repayment demands based on alleged ‘unfair preference’
19-Sep-2018
Given the spate of insolvencies in the construction industry, it is unsurprising that we have acted for a number of contractors who have received correspondence from liquidators: asserting that certain payments made to the particular contractor represent an “unfair preference”; and demandin..
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Do your contracts require the parties to act in 'good faith'?
18-Sep-2018
If you are in business, it would be normal for you to enter into contract arrangements with different parties as part of your general operations. Common types of contracts that business owners may encounter include supply contracts with suppliers and customers, leasing agreements with landlo..