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. Background The applicant, Narumon Pty Ltd, is the trustee of a self-managed superannuation fund established in 1992. The sole member of the fund was Mr John Giles who passed away in 2017, aged 80. Mr Giles was survived… Continue Reading
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. Queensland Building Regulation took effect on 1 October 2018 The Building and Other Legislation (Cladding) Amendment Regulation 2018 (the “Regulation”) came into effect on 1 October 2018. The Regulation introduces… Continue Reading
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.Labour hire users; or those parties who contract, employ or otherwise use… Continue Reading
Online food delivery competitor Foodora has been accused of sham contracting its own employees and now faces legal action launched by Australia’s Fair Work Ombudsman. As business opportunities increase in Australia more employers turn to flexible and intuitive ways to cut costs and maximise profits, which can sometimes lead to cutting corners and the underpayment of employees. It is important for an employer to enter into valid employment contracts with its employees, as it will assist them in avoiding the risk of being accused of sham contracting. What is Sham Contracting? Sham Contracting is an illegal method of employment under… Continue Reading
The breakdown of a marriage is almost always an emotionally taxing experience for both partners. While there is the emotion and stress that is usually at the forefront of a separation, there are a multitude of other factors that need to be considered during the process. Often, the first issue that needs to be addressed when a long-term relationship deteriorates is how the shared assets of the couple are to be divided. One of the many considerations that may arise when this process is occurring is the issue of one party providing spousal maintenance to the other. Spousal maintenance is… Continue Reading
Phones the country over can be heard buzzing as emails filter through at an almost constant rate. Websites are reaching out to remind people to ‘stay in touch’ or ‘let them know that you want to hear more’. The reason for this sudden burst of contact from online service providers and websites is not merely a meaningless reminder of their existence, but actually a result of new and strict privacy laws implemented recently in Europe. These laws have been introduced under the EU General Protection Data Regulation (GDPR). What is the GDPR? The General Protection Data Regulation (or GDPR) is a… Continue Reading
Launched in 2008, San Francisco-based hospitality marketplace Airbnb is presenting uniquely modern hurdles for regulatory systems ill-prepared for sharing economy services. The website, which allows lot owners to rent out their spaces; whether a whole apartment in Surfers Paradise, a treehouse in the Currumbin Valley, or a bedroom in Robina, has proven to be a popular alternative to traditional models of accommodation. Airbnb boasts over 2 million listings in over 191 countries, with more than 120,000 of those listings located in Australia. The Gold Coast, with its beaches, rainforests, innumerable attractions and recently, the Commonwealth Games, is an Airbnb stronghold…. Continue Reading
To Tow or Not To Tow
I am frequently asked to provide simple guidelines for a body corporate to safely tow a vehicle from common property. Unfortunately, from the body corporate’s perspective, no such guidelines exist. In essence, each situation needs to be assessed on its own unique merits. The relevant considerations will depend upon who is operating the vehicle and the circumstances in which it is parked. A vehicle owned by someone unrelated to the scheme parked on a common property A body corporate will usually have a right to tow such a vehicle. It is a right arising from the common law (i.e. not… Continue Reading
The latest Federal budget proposed a number of amendments to the capital gains tax regime. A particular focus of these changes are directed to addressing housing affordability in Australia while also seeking to improve compliance by foreign investors of their tax obligations. These amendments built upon regulations introduced in last year’s budget. The current regulations apply where two requirements are met: Relevant Asset: There must be a transfer of a Relevant Asset. Currently for an asset to be considered a Relevant Asset it must be some form of a real property interest with a market value of $2 million or… Continue Reading
Assignment Of A Lease
Changes Under The Retail Shop Leases Act Are you fully aware of your disclosure obligations under the Retail Shop Leases Act 1994? If you are buying or selling a retail business with a lease, or if you are a landlord involved in such a transaction, it’s important that you are aware of your disclosure responsibilities under the Retail Shop Leases Act 1994 (the Act). There have been recent changes to the Act so even if you are familiar, this article is a good opportunity to refresh your knowledge. As a starting point, it may be helpful to review the meaning… Continue Reading
