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Tony, Michael and David Partners at ABKJ
ABKJ Lawyers

The Rise and Fall of Sham Contracting

The lines dividing the roles of employee and independent contractor are becoming increasingly blurred.

Organisations reliant on the label of the latter to protect them from employer obligations such as minimum wage, superannuation and leave entitlements are now facing the pressure of discerning ‘substance not form’ debate. Workers from various sectors, particularly within the gig economy (think Uber and Foodora), are campaigning against the unsupportive working conditions they face as independent contractors.

Continue reading The Rise and Fall of Sham Contracting

ABKJ Lawyers
ABKJ Lawyers
ABKJ Lawyers
ABKJ Lawyers
ABKJ Lawyers

Airbnb: The Intricacies of Insurance

Airbnb Insurance: Are You Covered?

Just last month, a fatal accident at an Airbnb on the Sunshine Coast called into question the liability of Airbnb hosts in the context of emergency situations involving guests.

On the basis that listing a property with Airbnb effectively classifies the property as a business, there are a variety of regulatory, insurance and workplace health and safety factors that should be taken into consideration by hosts and consumers alike.

Continue reading Airbnb: The Intricacies of Insurance

ABKJ Lawyers

Enduring Powers Of Attorney And Binding Death Benefit Nominations

Within the legal profession, a question has often been asked that has had no clear answer – can an Enduring Power of Attorney extend a binding death benefit nomination for an incapacitated principal?  In a recent decision of the Supreme Court of Queensland in Re Narumon Pty Ltd [2018] QSC 185, this question was recently considered and a clear decision handed down. Continue reading Enduring Powers Of Attorney And Binding Death Benefit Nominations

ABKJ Lawyers

New Queensland Combustible Cladding Law – Call for Bodies Corporate

In recent years, many buildings around the world have suffered damage because of fires relating to their combustible cladding, such as the Water Club USA in 2007, the Roubaix Residential Tower France in 2012; the Torch Tower Dubai in 2015; and (most notably) the Grenfell Tower London in 2017.

As a result, regulators have been increasingly concerned about cladding and the effect it might have on fire safety within buildings. Continue reading New Queensland Combustible Cladding Law – Call for Bodies Corporate

ABKJ Lawyers

Airbnb On The Gold Coast: The Home-Based Business Exception

An increasing number of Gold Coast locals using sharing-economy accommodation giant Airbnb have approached ABKJ Lawyers with concerns regarding their liability under Gold Coast local law. Many of them have approached us following receipt of a Show Cause Notice from the Gold Coast City Council – a document which, in most circumstances – effectively requires them to immediately cease their Airbnb operation or face severe financial penalties (on the basis that the correct planning approvals have not been obtained).
Continue reading Airbnb On The Gold Coast: The Home-Based Business Exception

ABKJ Lawyers

Labour hire licensing: are you affected?

The Labour Hire Licensing Act 2017 (Qld) (‘the Act’), which was passed in late 2017, came into effect in April this year. The Act imposes strict licensing requirements on various parties to labour hire services in Queensland. According to Labour Hire Licensing Queensland, ‘the scheme aims to protect labour hire workers from exploitation, and ensure rights are upheld.’

Labour hire providers; or those parties who provide labour hire services to other parties, are subject to a mandatory licensing scheme and face severe penalties under the new legislation for non-compliance. Continue reading Labour hire licensing: are you affected?