Don’t “Jump the Gun” on Land Resumptions
With Ian Neil, written by Jessica Ross | Read the full article on ABC News. Lawyer Ian Neil, who has handled land resumptions for decades, said recent rapid growth in south-east Queensland had meant a “flurry of activity” involving various government departments acquiring land and properties for infrastructure. “The last two or three years the authorities […]
Proposed Rental Law Changes – what you need to know
By Madeleine Harling With more rental law reform incoming, it’s important that both tenants and landlords are familiar with their rights and obligations. Rent increase – once per year Importantly, on 28 March 2023, the Premier announced the Queensland Government is limiting the frequency of rent increases to once every 12 months from 1 July […]
Important Changes to the Fair Work Act
By Ben Schefe On 6 December 2022, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 became law in Australia. You may also be aware that on 12 December 2022 the Anti‑Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 became law in Australia. This legislation has made a significant change […]
Unfair Preferences Demystified
by Olivia Roberts If you operate a business, it is important to be aware of what can happen if you receive a payment from a customer who subsequently goes into liquidation or bankruptcy, and a liquidator or bankruptcy trustee tries to ‘claw back’ the payment on the basis that it is an ‘unfair preference payment’. […]
Default Judgments – Your Rights
Article by Ben Schefe, Michael Mapp and Conor Harvey A default judgment is an order made by the Court against the defendant without having the need for a hearing/trial in court. This primarily occurs when the defendant does not take the appropriate steps to respond to the service of a claim and statement of claim. […]
EXPERT WITNESS OBLIGATIONS TO THE COURT
By Ian Neil and Ben Swain The recent decision of Judge Kefford in Cannon Hill Investments et al v. Brisbane City Council and Rivermakers Wellness & Research Centre [2022] QPEC 16 (“Rivermaker’s case”) provides a salutary warning to those engaged as experts in the P&E jurisdiction but also in the similar Land Court jurisdiction and […]
NSW Land and Environment Court Prosecution Judgment
By Ben Swain Prosecution by the Environment Protection Authority leads to company and its director being fined, ordered to pay costs & publish notice in Quarry Magazine, Sydney Morning Herald, Daily Telegraph, Coffs Coast News of the Area and Northern Rivers Times. In Environment Protection Authority v Crush and Haul Pty Ltd; Environment Protection Authority […]
Outstanding Debt: Avenues to Recovery by Statutory Demand
Article by Ben Schefe, Michael Mapp, Conor Harvey, Debt recovery can often be a tricky exercise, as debtors are adept at avoiding and/or delaying payment where there is a debt outstanding. A cost-effective avenue for debt recovery, where the debtor is a company, is by way of a statutory demand. A statutory demand is a […]
Ethical competitor or pricing predator?
By Michelle Cirson The Australian construction industry is no stranger to price-wars, underpricing and zero percent margins. With supply and demand imposing a volatile tug-o-war over work in the pipeline, contractors have resorted to buying work to maintain cashflow objectives and cover overheads. But who (in their right mind) went into business planning to work […]
The alignment of statute and common law: defining a casual employee
On 27 March 2021 the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery Act 2021 (Cth) (“Amending Legislation”) amended the Fair Work Act 2009 (Cth) (“FWA”) and inserted a definition of “casual employee”. This new definition provides that a person’s status as a casual employee is determined at the beginning of the employment relationship, […]
