Publications
Latest News
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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..
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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..