ABKJ Lawyers

Judicial Mediation for Family Law Matters

As of 1 January 2019, separated partners who have initiated proceedings in the Federal Circuit Court in relation to their parenting or property matters may seek a Judicial Mediation.

This means that a judge may act as a mediator on a matter which is not in their docket. Continue reading Judicial Mediation for Family Law Matters

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

What Happens If I Die Without A Will?

According to the Australian Securities and Investments Commission, nearly half of all Australians die without a valid will, or ‘intestate’.

The legal and procedural complications that can arise in the event of intestacy can be both costly and time-consuming. Continue reading What Happens If I Die Without A Will?

GST On The Sale Of Residential Property – Another Tax On Sellers

Effective from 1 July 2018, the Federal Government has amended the GST law with respect to the sale of residential property. If you are selling:

1. New residential premises; or

2. Potential residential land, Continue reading GST On The Sale Of Residential Property – Another Tax On Sellers

Advantages of Mediation

Don’t Litigate, Mediate!

One of the misconceptions about the law that some people may have is that the courts are often the only forum through which disputes can be settled within our legal system. This is most definitely not the case. Continue reading Advantages of Mediation

Parenting Orders & Christmas

Are you separated and looking to spend time with your children this Christmas?

If you don’t already have Parenting Orders in place which deal with how your children will spend time with you over Christmas, then you need to read this. Continue reading Parenting Orders & Christmas

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

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

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