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  • Employer criticised, but email dismissal considered fair by the Fair Work Commission…


    The Fair Work Commission (FWC) recently dismissed an unfair dismissal claim brought by an ex-employee of a small business that sells bathroom supplies and fittings*. In rejecting the application for unfair dismissal, the Commissioner observed: “It appeared much of the issue for Mr Kh..

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  • Succession Planning for Farmers: Part Three – Your children paying the purchase price off by Vendor Financing


    Earlier this year we launched our “Succession Planning” series. Our first two columns started with the basics and raised questions you should be considering when making your succession plan. You can review these here: Part One (/news/to-transfer-or-not-to-transfer-when-is-the-right-time) and Pa..

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  • Beware when signing Form 15 – you may be personally liable


    Beware when signing Form 15 – you may be personally liable In a recent case the Queensland Court of Appeal held an engineer personally liable for signing an incorrect Form 15 (compliance certificate for building design or specification). The exact damages payable are yet to be decided but co..

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  • Succession Planning for Farmers: Part Two - The ‘Arms Length’ Family Transfer


    Earlier this year, we launched the Part One of our series on Succession Planning. (/news/to-transfer-or-not-to-transfer-when-is-the-right-time) This issue, we shall explore the options you have if you would like to transfer your farming business all at once (as opposed to over time). ..

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  • The New GST Withholding Law - Its Impact on Conveyancing


    From 1 July, 2018, buyers of "new residential premises" or "new residential subdivisions" will be required to pay 1/11th of the purchase price to the Australian Taxation Office (ATO) (instead of to the seller) at settlement. The New REIQ Residential Contract (15th Edition) The Real Esta..

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  • Ipso Facto Provisions and how they affect you


    Can I terminate the lease if my tenant of my Commercial or Industrial Property goes into Administration or Receivership? Most leases have clauses which makes it an event of default and grounds to terminate the lease if certain insolvency events occur, like the tenant entering into administra..

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  • Short decision does not equal wrong decision in adjudication matters


    A recent decision of the Supreme Court* has provided a guidance as to the extent to which an adjudicator is required to give reasons for an adjudication decision pursuant to the Building and Construction Industry Payments Act 2004 (Qld) (‘the Act’). Hyatt Ground Engineering Pty Ltd (‘Hyatt’)..

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  • Another delay in implementation of Building Industry Fairness (Security of Payment) Act


    The Queensland Government (which had previously delayed implementation of the changes to Queensland’s security of payment law until 1 July 2018) has yet again pushed back the commencement date. Commencement date now set for 17 December 2018 This time, we are told that the changes will comm..

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  • How to start the process of negotiating an Enterprise Agreement


    Starting the process for negotiating an Enterprise Agreement can be fraught with traps and unwanted surprises. Here are 5 key items to address before you commence the process. 1. Strategise Your labour cost is probably, if not definitely, one of the biggest operating expenses of your busin..

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  • Newsflash: Rise in pay rates


    On Friday last week the Fair Work Commission (FWC) granted award covered workers a 3.5% increase. The FWC lifted the national minimum wage by $24.30 a week or 64 cents an hour to take effect from the 1st July, 2018. The flow on effect to Awards is a 3.5% increase. For example, t..

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  • Common Problems with Trust Deeds


    Increasingly, we are having to fix problems with trust deeds that come across our desk, due to a range of issues. Whilst these problems may not immediately jump out at you, they rear their heads when changes are made, and especially if the Deed needs to be registered with the Titles Office. ..

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  • New Laws Restrict The Clearing of Farm Land


    There has been plenty of media on the new Vegetation and Management Laws that were passed by Parliament on 3 May this year. These new laws may have a great impact on many farmers’ ability to clear and manage their land in the future. The commencement date of these new laws is yet to be advi..

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