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
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
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
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?
Are You At Risk of Sham Contracting?
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.
Spousal Maintenance – What To Expect
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. Continue reading Spousal Maintenance – What To Expect
Received a lot of annoying emails lately? Here’s why that’s a good thing.
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). Continue reading Received a lot of annoying emails lately? Here’s why that’s a good thing.
Airbnb & The Law On The Gold Coast
Part 2 – Local Council Regulations
This is the final part of a two-part article on the issue of the regulation of Airbnb listings. Part one of this article can be found here.
Irrespective of whether or not a lot is in a community titles scheme, local council regulations will apply. Continue reading Airbnb & The Law On The Gold Coast
Airbnb & The Law On The Gold Coast
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. Continue reading Airbnb & The Law On The Gold Coast
The Ins and Outs Of Binding Financial Agreements
The deterioration of a loving relationship is usually a dreaded outcome for all those involved.
In addition to the emotional toll it takes on a person, there is always the added stress of dividing up property and finances. Add on top of this a potential custodial battle for any children involved, and you have the recipe for a protracted and emotional legal battle. Continue reading The Ins and Outs Of Binding Financial Agreements
