GENDER EQUALITY TOUGHENS UP
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GENDER EQUALITY TOUGHENS UP

On the 6th of December 2012 the Workplace Gender Equality Act received royal assent, and will be phased in over the coming two years. Gender equality reporting requirements will undergo significant changes as a result of the Act for large private sector employers who have over 100 employees. The requirement for employer’s to develop equal...

DE FACTO RELATIONSHIP – APPLICATION MADE OUT OF TIME?
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DE FACTO RELATIONSHIP – APPLICATION MADE OUT OF TIME?

The applicant filed an application with the Court, which amongst other things, sought a declaration of the existence of a ‘de facto’ relationship with the respondent between September 1992 and 18 February 2010. The respondent denied that a defacto relationship existed, and if in fact it was found that it had existed, he argued that the relationship...

EMPLOYEE’S USE OF LINKEDIN RESULTING IN DISMISSAL
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EMPLOYEE’S USE OF LINKEDIN RESULTING IN DISMISSAL

A recent decision by the Fair Work Commission has reinforced the oft-repeated warning – that private use of social media can adversely affect your employment. In this case, the Applicant had been employed by a company on a full-time basis, but was operating his own company on the side. The Applicant sent a mass email...

CHANGES TO FAIR WORK ACT 2009
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CHANGES TO FAIR WORK ACT 2009

Parental Leave From 29 December 2013, parents will be entitled to take concurrent parental leave of 8 weeks, a large increase from the previous entitlement of 3 weeks. Furthermore, any employee’s entitlement to unpaid parental leave will not be reduced by any amount of unpaid special maternity leave taken by an eligible employee. Flexible Working...

FAMILY LAW-OVERVIEW OF RECENT CASES AND DECISIONS
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FAMILY LAW-OVERVIEW OF RECENT CASES AND DECISIONS

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...

STRICT COMPLIANCE WITH PAMDA REQUIRED
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STRICT COMPLIANCE WITH PAMDA REQUIRED

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...

ENDURING POWER OF ATTORNEY – ARE YOU PROTECTED?
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ENDURING POWER OF ATTORNEY – ARE YOU PROTECTED?

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’...

E-CONVEYANCING – REVOLUTIONISING PROPERTY SETTLEMENTS
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E-CONVEYANCING – REVOLUTIONISING PROPERTY SETTLEMENTS

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,...

JUSTICE OF THE PEACE (QUALIFIED) PILOT PROGRAM IN THE QCAT
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JUSTICE OF THE PEACE (QUALIFIED) PILOT PROGRAM IN THE QCAT

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...