Defamation | The First Steps
The First Steps There have been some high profile defamation cases recently where celebrities have successfully sued media conglomerates for publishing defamatory articles. While those stories are entertaining to read about, you may have wondered “what legal options are available if someone is making wrongful, unjustified, or just plain nasty comments about me?” Concerns Notice […]
Caveats Demystified. When Can I Lodge a Caveat? Should I Be Worried by a Caveat? How Can I Use Caveats to Secure Payment?
We are often asked by clients whether they can lodge a caveat. The prospect of a caveat being lodged over your property can be quite intimidating. Caveats can be an excellent tool to apply pressure in a legal fight or secure payment of monies. But there are rules as to who can and can’t lodge […]
Virtual AGM’s & Electronic execution and witnessing of documents during Covid 19
The government has passed the Justice Legislation (Covid-19 Emergency Response – Documents and Oaths) Regulation 2020 which allows documents to be temporarily witnessed by a Special Witness (being an Australian Legal Practitioner) to witness documents such as Affidavits, Declarations and Deeds etc by Audio Visual link. The Regulation is set to end on 31 December […]
Are your casual employees really casual? The importance of correctly defining employment
Casual employees are usually employees who do not have regular hours of work and do not have a guarantee of continued work. They also do not receive the same annual leave and personal leave entitlements (and other entitlements) that full time and part time employees receive. Instead of receiving these entitlements, casual employees receive a […]
COVID rental relief finally law in Queensland: The Goalposts are set
Nearly two months on from the National Cabinet announcing its mandatory code of conduct for commercial tenancies affected by the COVID-19 crisis, Queensland has finally passed the code into law. On 28 March, the Queensland Government handed down the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 (“the regulation”), which gives […]
How to Deal with a Tenant’s Goods left after the Termination of a Commercial Lease?
More often than not, when a commercial landlord terminates their lease with a tenant, issues can arise concerning the tenant’s obligations to “make good” and remove their goods from the leased premises. This basically relates to personal property owned by the tenant that does not form part of the premises (i.e. items of the tenant […]
Take care not to overstate your advertising
A few of us here at McCarthy Durie and Warlow Scott are 4WD enthusiasts. So we were interested to see that the Australian Competition and Consumer Commission (‘ACCC’) issued five infringement notices to the 4WD SupaCentre for allegedly misleading consumers about ‘was/now’ price comparisons. As a result of the infringement notices 4WD SupaCentre paid $63,000 […]
Land Tax Recovery and EOFY
It is approaching that time of year when the Office of State Revenue will issue land tax notices for properties in Queensland and when everyone considers the implications of land tax when signing contracts. Land tax is calculated on the land owned in Queensland at midnight on 30 June each year. This means that if […]
Buying & Selling Amidst the Pandemic | Getting on with life in Real Estate
Article by Stephen Gibson | Accredited Property Law Specialist More than two months into the COVID-19 National Health Emergency and, believe it or not, life in Queensland’s property sector goes on. Slower, no doubt, but continuing nonetheless. While the temporary ban on auctions and open home inspections might mean our local Real Estate Agents enjoy […]
Commercial Leasing | COVID POLICY ANNOUNCED – A clear way forward for landlords and tenants
Article by Stephen Gibson | Accredited Property Law Specialist The property industry will no doubt pass a collective sigh of relief, following the Prime Minister’s announcement, concerning details of the National Cabinet’s package to relieve commercial tenants distressed by the COVID-19 crisis. As foreshadowed, the National Cabinet has resolved to adopt a mandatory code of […]
