Do you have a well drafted Force Majeure clause in your contracts? If not, then you are taking a massive risk… ‘Force Majeure’ is French, meaning “superior force”. In a Contract, such a clause allows a party to suspend or terminate performance of their obligations when certa..
The long awaited Labour Hire Licensing Regulation 2018 (Qld) was released last Friday. The Labour Hire Licensing Act 2017 (Qld) (Act) was passed late last year and requires that a person who provides “labour hire services” in Queensland must be licensed to do so. A person provides “labour hi..
The coming family and domestic violence leave is a new entitlement your business will likely have to manage
The Fair Work Commission will include family and domestic violence leave into almost all modern awards. The details are currently being finalised. Why? Some employers may ask why, when they are trying to operate a commercial business, they are expected to share responsibility for this s..
A New South Wales security of payment case could be an indicator of how Queensland security of payments legislation may be interpreted by the Queensland courts. For a payment claim to be valid there must be a reference date… The High Court, in its first decision dealing with..
As the saying goes, “if you fail to plan, then you plan to fail!” This too applies to succession planning for farmers For all the baby boomers out there, your retirement plans and succession planning may be (or perhaps should be) already in order. Some of you may have this on y..
As published in the Daily Mercury on 15 March 2018. IN JUST over four weeks, it will be an offence to provide labour when unlicensed or to engage labour from an unlicensed provider. A breach of this new law carries series penalties, such as fines potentially in excess of $300,000 ..
Six figure fine for wages exploitation of a young worker and for failure to keep records for 3 months The Fair Work Commission has fined a director $21,500 and his company $100,000 for “an outrageous exploitation of a young worker”. A second year apprentice plumber worked more than..
Welcome Welcome to the first edition of Medical Law Talk - a publication aimed at providing medical practitioners with regular legal updates related to the medical field. In each edition, we will provide a summary of the latest Medical Negligence cases as well as other information relevant t..
A recent decision of the Full Federal Court of Australia may have a significant impact on your business. The effect of the decision is that Queensland employers that have used a “NAPSA” (explained below) to calculate their apprentices’ pay rate have potentially underpaid their apprentices. The e..
Do you lease equipment (either formally or informally) to clients and friends? What about that cement mixer or excavator you let your mate borrow over a year ago? If yes, you need to consider the Personal Property and Securities Register (“PPSR”) to ensure you are able to get your equipment..
Queensland labour hire businesses should be aware of the new labour hire licensing scheme commencing in 2018. Here is the latest information on when the scheme begins to apply and how to apply for a licence. When will the scheme begin to apply? The Labour Hire Licensing Act 2017 commenc..
Legislation relating to unfair contract terms for small businesses has, to date, generally been untested. However, a recent case against waste management solutions company, JJ Richards and Sons, shows these laws have real ‘teeth’, with eight terms of a contract being deemed unfair and unenforcea..