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. What is a will? A will is a legal document that provides directions with respect to how you would like your estate to be managed and distributed after your death. It allows you to choose someone to administer your estate (i.e. your executor), enables you to provide specific directions or instructions regarding a particular issue (such as funeral arrangements or nominating… Continue Reading
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, then at the settlement of your sale, a cheque in the sum of the GST payable on the transaction will need to be given from the sale proceeds and paid by the seller immediately to the Australian Taxation Office. In other words, either 10% of the GST-exclusive purchase price or, if the margin scheme applies to the transaction, then 7% of the purchase price will be… Continue Reading
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. The Australian judiciary holds a strong view that parties to a dispute should attempt to resolve their matter outside of a courtroom before having to rely on one. This can be done through various different mediums, such as through mediation, arbitration or conciliation. All of these processes are used as a form of Alternative Dispute Resolution (ADR) and are… Continue Reading
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. Christmas is a time of joy where we stop and enjoy the precious time we have to spend with our family. When parties separate, reaching agreement on how the children spend time with each parent over the Christmas period can sometimes be difficult. If it is a contentious issue for you and if you have not already obtained Orders… Continue Reading
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. Insurance Standard home insurance packages do not accommodate for commercial businesses and the unique risks and liabilities that attach to them. Hosts relying on their home… Continue Reading
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
