Publications
Latest News
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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..
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Beware of Contractual Indemnities – a Major Risk to Businesses
12-Sep-2018
For contracting businesses operating in the mining industry, Contracts and Purchase Orders are just day to day business. You may accept a Purchase Order without even reading the terms and conditions attached. What you may not realise, is that buried in the fine print is often a bomb, in the ..
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What you say on Facebook may come back to bite you
10-Sep-2018
Comments you make on Facebook, as innocent as they seem, can cause significant damage to someone's reputation. We regularly see issues arising from people posting comments on Facebook without thinking about the potential legal consequences. Take a recent case between a separated husband..
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Employer criticised, but email dismissal considered fair by the Fair Work Commission…
03-Sep-2018
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
28-Aug-2018
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
21-Aug-2018
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
17-Jul-2018
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
12-Jul-2018
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
06-Jul-2018
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
06-Jul-2018
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
19-Jun-2018
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..