Mother –v- Non-Parent Interestingly, in the recent decision in the case of Withall, Richardson and Powles, where the matter at hand was determining with whom the children should live, Walters J ordered that the children live with Ms Powles, the father’s former de facto partner, instead of their mother. His Honour discussed the weight that...
Last week the Queensland Court of Appeal confirmed that a contract was able to be terminated on the grounds that a covering letter sent by the seller’s solicitor did not properly direct the buyer’s attention to the 30C Warning Statement, Contract of Sale and Information Statement. Following execution of the contract, the seller’s solicitor returned...
Queenslanders are expected to enjoy the benefits of new technology when it comes to buying or selling property, with the introduction of the new national electronic conveyancing system expected to be in operation later this year. The Electronic Conveyancing National Law (Queensland) Bill 2012 will permit solicitors to electronically sign documents on their client’s behalf,...
A recent introduction in Queensland Parliament allows specifically selected and trained Justice of the Peace (Qualified) to sit as adjudicator as make orders in relation to minor civil dispute matters in the Queensland Civil and Administrative Tribunal (QCAT) up to $5,000.00. The pilot program, which has been enacted under the auspices of the Queensland Civil...
A concerning issue which has been highlighted in the media recently is the fraudulent use of Enduring Power of Attorney’s or ‘EPA’s’, with a shocking statistic that at least one EPA a week is being revoked by courts or tribunals after being presented with evidence of significant fraud. An ‘Enduring Power of Attorney’, or ‘EPA’...
If you are considering entering into a Retail shop lease in Queensland, it is important that you obtain professional legal advice to ensure your rights are protected, and that you understand the nature of a retail shop lease and your obligations under the lease. Retail shop leases in Queensland must comply with minimum standards which...
In an effort to ensure that the benefits applicable to both employees or independent contractors under the Worker’s Compensation and Rehabilitation Act 2003 are clear and easy to understand, from 1 July 2013, the present definition of ‘worker’ under the Worker’s Compensation and Rehabilitation Act 2003 will be amended to define a ‘worker’ as ‘a...
An interesting appeal case which recently came before the High Court in relation to whether the restriction on the purchase and possession of alcohol in Northern Queensland communities was in breach of racial discrimination laws, was dismissed last week. The appellant, an indigenous Queensland resident, Joan Maloney, argued that the present laws which restrict residents...
Recently our local Gold Coast Lawyers have noticed a significant increase in the rise of Fair Work disputes and specifically, general protection claims. Likely an effect of the unstable economy a general protection claim can be a costly claim against an employer commonly brought following dismissal of an employee. Under the Fair Work Act 2009...
Often after separation when parties are determining their property pool and deciding how the pool may be distributed between the parties, they do not realise that their superannuation interests are classed as ‘property’, and form a part of the parties’ property pool which can be available for distribution. In this article we will provide you...
