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’)..
Read MoreCan 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..
Read MoreThe 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..
Read MoreStarting the process for negotiating an Enterprise Agreement can be fraught with traps and unwanted surprises. In this article we give 5 key items to address before you commence the process.
Read MoreOn 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..
Read MoreIncreasingly, 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. ..
Read MoreThere 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..
Read MoreWhilst no one wants to think about it, unfortunately death will come to all of us…and we do not know when. It is so important to have a well-drafted Will, in order to ensure that upon your death, your hard earned money, and precious assets: pass to the people you want; t..
Read MoreDo 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 certain ci..
Read MoreThe 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..
Read MoreA 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..
Read MoreAs 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..
Read MoreAs 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 ..
Read MoreAs 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 ..
Read MoreA 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..
Read MoreDo you lease equipment (either formally or informally) to clients and friends? If yes, you need to consider the Personal Property and Securities Register (“PPSR”).
Read MoreQueensland 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..
Read MoreLegislation 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..
Read MoreIt’s now officially 25 sleeps until Christmas! …and many of you are probably looking forward to heading off on holidays! Most people think about the usual travel essentials, like what to pack and getting vaccinations, but many forget to ensure important legal matters are taken care o..
Read MoreIn October the Queensland Parliament, Labor with the help of the Katter Party, passed the industrial manslaughter amendments into law and commenced on 23 October, 2017. The new laws broaden responsibility for workplace related deaths and substantially increase the potential penalty. The new ..
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