http://cgw.com.au/ Cooper Grace Ward Lawyers Articles http://cgw.com.au/?process=views/article.php&articleId=6118 http://cgw.com.au/?process=views/article.php&articleId=6118 On Tuesday 25 November 2008 the Fair Work Bill was introduced in to the House of Representatives. This Bill, if passed in its entirety, will replace the Workplace Relations Act 1996 and apply to all employment relationships where the employer is: a trading or financial corporation; operating a business in Victoria, the Australian Capital... http://cgw.com.au/?process=views/article.php&articleId=6072 http://cgw.com.au/?process=views/article.php&articleId=6072 A recent decision of the Chief Justice of Queensland illustrates how statutory demands can be set aside for what might seem to be relatively minor errors. In Rapcivic Contractors Pty Ltd v Mapol Industries Pty Ltd [2008] QSC 310, Mapol allegedly provided painting services to Rapcivic valued at over $1.8 million. Mapol served a statutory demand under the... http://cgw.com.au/?process=views/article.php&articleId=5947 http://cgw.com.au/?process=views/article.php&articleId=5947 The Superannuation Industry (Supervision) Act (SIS Act) allows a superannuation fund to borrow to purchase an asset on trust (instalment warrant trust) provided section 67(4A) is complied with. However, section 67(4A) only allows a trustee to take out a non-recourse loan. That is, the lender’s right of recourse pursuant to the loan documentation must be limited to a right to... http://cgw.com.au/?process=views/article.php&articleId=5901 http://cgw.com.au/?process=views/article.php&articleId=5901 Trade suppliers, commercial credit providers and parties to commercial transactions commonly include what is referred to as a ‘charging clause’ in their terms of trade, contractual agreements and guarantee documentation. A ‘charging clause’ has varying wording such as “I charge all of my property now and in... http://cgw.com.au/?process=views/article.php&articleId=5874 http://cgw.com.au/?process=views/article.php&articleId=5874 In the NSW Government Mini Budget Speech on 11 November 2008, the Treasurer announced the abolition of stamp duty on the transfer of unlisted shares in NSW companies would be deferred from 1 January 2009 until 1 July 2012. The applicable rate of duty is 0.6%. Other revenue measures announced in the NSW Government Mini Budget include the following: ... http://cgw.com.au/?process=views/article.php&articleId=5851 http://cgw.com.au/?process=views/article.php&articleId=5851 The Queensland Court of Appeal has recently refused the appeal of Ms Noela Anderson to challenge the findings of the Magistrates and District Court of Queensland that found no breach of duty by a local Council in failing to ensure that a service pit cover was flush with the surrounding ground after the plaintiff sustained personal injury arising from a trip and fall in... http://cgw.com.au/?process=views/article.php&articleId=5801 http://cgw.com.au/?process=views/article.php&articleId=5801 The Commissioner for State Revenue has approved a penalty amnesty for employers who have not included payments to contractors in their taxable wages under the Payroll Tax Act 1971 (Qld). The amnesty applies to payments made to contractors between 1 July 2005 to 30 June 2008. Queensland employers are now required to include certain contractor payments under relevant... http://cgw.com.au/?process=views/article.php&articleId=5580 http://cgw.com.au/?process=views/article.php&articleId=5580 In 2001 the ATO issued a Statement of Principles in relation to trust resettlements but have steadfastly refused to formalise this into a public ruling. It is widely accepted that many of the positions taken by the ATO in the Statement of Principles are not correct. However, the fact that it is still in circulation and commonly relied upon by the ATO creates significant... http://cgw.com.au/?process=views/article.php&articleId=5586 http://cgw.com.au/?process=views/article.php&articleId=5586 Last week, the federal Government unveiled the Trade Practices Amendment (Cartel Conduct and other Measures) Bill 2008, and with it signalled a renewed focus on tackling cartel behaviour in corporate Australia. What is cartel behaviour? At its broadest point, a cartel is any arrangement between two or more businesses... http://cgw.com.au/?process=views/article.php&articleId=5579 http://cgw.com.au/?process=views/article.php&articleId=5579 Cooper Grace Ward welcomes Peter Dwyer as a new partner. Peter is a commercial law expert who has also built up a specialist practice in the bus and road transport sector. Since 1996, Peter has represented bus operators in a variety of issues including completing contract negotiations with State Governments for new bus contracts.  He has represented the Queensland Bus Industry Council, BusNSW and TasBus for a number of years, to... http://cgw.com.au/?process=views/article.php&articleId=5553 http://cgw.com.au/?process=views/article.php&articleId=5553 Cooper Grace Ward recently acted for a client who lived on rural-residential land on the outskirts of Brisbane. The client wanted to subdivide the property into 36 allotments. Initially we submitted a request for a binding private ruling in which we asked the ATO to rule that the profits on the subdivision and sale of the land would not be assessable income under section... http://cgw.com.au/?process=views/article.php&articleId=5484 http://cgw.com.au/?process=views/article.php&articleId=5484 Corporate watchdog ASIC is set to be restructured following a strategic review by an independent consulting group. Completed in May this year, the ASIC Strategic Review drew on the opinions of 1250 stakeholders in a bid to streamline ASIC’s structure going forward. Input was sought from business, consumers and ASIC staff. ... http://cgw.com.au/?process=views/article.php&articleId=5464 http://cgw.com.au/?process=views/article.php&articleId=5464 Binding death benefit nominations are an integral part of many estate plans. The ATO has released draft Self Managed Superannuation Funds Determination 2008/D1, which sets out its views on the ability of members of SMSFs to make a binding nomination. The ATO confirms that the rules in the SIS Act and Regulations in relation to binding nominations do not apply to SMSFs. ... http://cgw.com.au/?process=views/article.php&articleId=5463 http://cgw.com.au/?process=views/article.php&articleId=5463 Dividend access shares are used by many clients for a variety of reasons, including asset protection or estate or tax planning. A significant issue which is often of concern is whether the issue of a dividend access share and the subsequent declaration of dividends will trigger a share value shift. Cooper Grace Ward obtained a private binding ruling several years ago in... http://cgw.com.au/?process=views/article.php&articleId=5410 http://cgw.com.au/?process=views/article.php&articleId=5410 If a company does not pay an amount claimed in a statutory demand within 21 days, the company is presumed to be insolvent. This presumption can be relied upon to wind the company up. A statutory demand can be set aside where there is a “genuine dispute” about the debt claimed in the statutory demand or where there is “some... http://cgw.com.au/?process=views/article.php&articleId=5379 http://cgw.com.au/?process=views/article.php&articleId=5379 Given recent events, it is likely some employers will turn their minds to the prospect of restructuring their businesses. Redundancies are an integral part of many restructures. While it is never an easy exercise, the process of making employees redundant needs to be managed carefully in order to minimise any adverse effect on the employer’s... http://cgw.com.au/?process=views/article.php&articleId=5314 http://cgw.com.au/?process=views/article.php&articleId=5314 The franchising industry has waited with baited breath for the outcome of the High Court appeal in Master of Education Services Pty Limited v Ketchell. Background Section 51AD of the Trade Practices Act 1974 (Cth) provides that a company must not contravene an industry code. Clause 11(1) of the Franchising Code of Conduct (which... http://cgw.com.au/?process=views/article.php&articleId=5186 http://cgw.com.au/?process=views/article.php&articleId=5186 In Heesh v Baker [2008] NSWSC 711, the New South Wales Supreme Court considered whether the holders of redeemable preference shares could be “creditors” for the purposes of Part 5.3A of the Corporations Act 2001 (the Act). The Facts In July 2006, York Capital Limited (York) lodged a prospectus inviting... http://cgw.com.au/?process=views/article.php&articleId=5172 http://cgw.com.au/?process=views/article.php&articleId=5172 CGW had five teams participating in this year's Global Corporate Challenge (GCC), which finished on 23 September. The GCC is a corporate health and wellbeing initiative developed specifically for the workplace. Companies that participated in the 2008 challenge include: Visa, Cadbury, Shell, Panasonic and Du Pont.  The event was created to address the emerging health crisis resulting from the triple threat - longer workdays,... http://cgw.com.au/?process=views/article.php&articleId=5114 http://cgw.com.au/?process=views/article.php&articleId=5114 The recent Queensland Supreme Court case of Underwood v Underwood [2008] QSC 159 was decided in July this year. The Facts Peter Charles Underwood died in May 2006 aged 64. His estate had approximately $1,300,000 in business assets and around $1,000,000 of other assets. He left $213,000 on trust for his daughter Peta, who was 29, had... http://cgw.com.au/?process=views/article.php&articleId=5015 http://cgw.com.au/?process=views/article.php&articleId=5015 The Family Law Act 1975 has for a long time provided that transactions are to be free from stamp duty if they are entered into for the purpose of, or in accordance with, a Family Court Order. However, OSR has previously taken a very strict view about what is exempt. OSR has just issued Practice Direction 45.3 about the scope of the exemption.... http://cgw.com.au/?process=views/article.php&articleId=5073 http://cgw.com.au/?process=views/article.php&articleId=5073 Cooper Grace Ward welcomes four new lawyers to our team. We have appointed special counsel Louise Atherton to our Estate Planning practice. Louise will advise clients on complex estate planning issues including will drafting for high net worth clients.  Louise's client base includes financial planners, accountants and other professional advisors, as well as a... http://cgw.com.au/?process=views/article.php&articleId=4956 http://cgw.com.au/?process=views/article.php&articleId=4956 In Bahadori -v- Permanent Mortgages Pty Ltd (2008) NSWCA 150 (26 June 2008) the New South Wales Court of Appeal decided that a signed business purpose declaration was ineffective under section 11(2) of the Consumer Credit Code where the declaration was obtained after the credit contract was entered into. Background Under section 11(1) of the... http://cgw.com.au/?process=views/article.php&articleId=4929 http://cgw.com.au/?process=views/article.php&articleId=4929 Imbree v McNeilly;McNeilly v Imbree [2008] HCA 40 (28 August 2008) This landmark decision has re-defined the law governing the standard of care owed by a learner driver to his/her supervising passenger in the context of a personal injury claim. It means that the supervising passenger is owed the same objective standard of care by the learner... http://cgw.com.au/?process=views/article.php&articleId=4770 http://cgw.com.au/?process=views/article.php&articleId=4770 Bourk v. Power Serve Pty Ltd and Ors [2008] QCA 225 This recent decision of the Court of Appeal sends a clear reminder to all employers of the strict obligations the law places upon them to protect their workers against workplace injuries. The case highlights the need for all employers to have appropriate systems in place to identify defects in... http://cgw.com.au/?process=views/article.php&articleId=4757 http://cgw.com.au/?process=views/article.php&articleId=4757 CGW has been announced as the exclusive legal partner for Mining Export Infrastructure 2009. This major industry conference will run in Brisbane in February 2009 and is specifically designed for: Senior Executives of Mining companies Senior Officials and Directors of Government departments Senior Executives of Port companies & authorities Senior Management of Rail companies Senior Executives of Investment... http://cgw.com.au/?process=views/article.php&articleId=4773 http://cgw.com.au/?process=views/article.php&articleId=4773 With the introduction of the National Greenhouse and Energy Reporting Act, the impending Emissions Trading Scheme and the intense media coverage surrounding these issues, being carbon friendly is playing a significant role in a marketplace where consumer awareness of the environmental issues is at an all time high. The... http://cgw.com.au/?process=views/article.php&articleId=4626 http://cgw.com.au/?process=views/article.php&articleId=4626 Cooper Grace Ward recently co-presented a Senior Executive Briefing on sustainability, which explored the commercial and related issues for compliance with the National Greenhouse and Energy Reporting (NGER) System and subsequent carbon trading scheme. This briefing, co-presented with KPMG, covered a range of issues including: Initial recap on the current regulatory and legislative framework and, importantly, what is... http://cgw.com.au/?process=views/article.php&articleId=4625 http://cgw.com.au/?process=views/article.php&articleId=4625 In the recent decision of Essex & Essex (No 2) [2007] FamCA 639 the Family Court held that the significant assets of two testamentary trusts ought to be excluded from the matrimonial pool of assets available for division between the separated couple, on the grounds that the beneficiary spouse had no control over the trusts. In this case, the brother... http://cgw.com.au/?process=views/article.php&articleId=4558 http://cgw.com.au/?process=views/article.php&articleId=4558 On 11 April 2007, the New South Wales Court of Appeal in NRMA v Whitlam held that the deed of indemnity is to be construed narrowly in favour of the indemnifier where the terms of the deed of indemnity are ambiguous.  The facts of this case are as follows: The plaintiff was formerly the president of the defendant company. In... http://cgw.com.au/?process=views/article.php&articleId=4559 http://cgw.com.au/?process=views/article.php&articleId=4559 The beginning of the 2008/2009 financial year has seen a number of significant changes in the way duty is assessed. Below is a summary of the changes endorsed by the Queensland State Government as from 1 July 2008. Transfer Duty The first home buyer transfer duty exemption has increased and will now apply to properties purchased for a... http://cgw.com.au/?process=views/article.php&articleId=4560 http://cgw.com.au/?process=views/article.php&articleId=4560 Recently the Government announced details of the long awaited safety net for Australian workers known as the National Employment Standard. The new Standard, which expands on the Australian Fair Pay and Conditions Standard introduced by the Howard Government and contains 10 minimum employment standards which will form the basis upon which modern awards will be built. ... http://cgw.com.au/?process=views/article.php&articleId=4561 http://cgw.com.au/?process=views/article.php&articleId=4561 Creditors are increasingly issuing statutory demands against a debtor company as a means of obtaining payment of outstanding debts of more than $2,000. A statutory demand is an effective tool in the armoury of a creditor seeking payment from a company. There are serious legal consequences for the debtor company if the statutory... http://cgw.com.au/?process=views/article.php&articleId=4571 http://cgw.com.au/?process=views/article.php&articleId=4571 On 25 June 2008, the Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008 (Cth) was introduced into Federal Parliament. The Bill proposes to amend the Family Law Act 1975 (Cth) to allow for the resolution and determination of financial matters arising from the breakdown of a de facto relationship by the Commonwealth Family Law... http://cgw.com.au/?process=views/article.php&articleId=4767 http://cgw.com.au/?process=views/article.php&articleId=4767 Bishop v Woolworths Limited [2008] QSC 154 This very recent decision of Justice Wilson of the Supreme Court dispels the long held belief that an oral compromise is as good as a written one, at least in the context of matters involving pre-proceeding settlements regulated by the Workcover Queensland Act 1996 (and by analogy, the Workers... http://cgw.com.au/?process=views/article.php&articleId=5067 http://cgw.com.au/?process=views/article.php&articleId=5067 The Court’s Interpretation LUCK V LUSTY EMS PTY LTD [2008] QSC 146 This very recent decision by Justice Byrne of the Supreme Court shows the Court is reluctant to place a restrictive interpretation on a party’s right to obtain further medical evidence after the signing of a Certificate of Readiness and... http://cgw.com.au/?process=views/article.php&articleId=4358 http://cgw.com.au/?process=views/article.php&articleId=4358 Superannuation savings now comprise a major asset of many people, be they retirees or younger people saving for retirement, particularly if they hold life insurance in their superannuation fund. When preparing an estate plan it is critical that people consider how their superannuation benefits will be dealt with if they die. The importance of this is highlighted by the... http://cgw.com.au/?process=views/article.php&articleId=5191 http://cgw.com.au/?process=views/article.php&articleId=5191     On 18 June 2008, the High Court delivered an important decision in Lumbers -v- W Cook Builders Pty Ltd (In Liquidation) (2008) HCA 27.   The decision is of importance in the building industry, particularly in entering into building contracts and also has wider commercial... http://cgw.com.au/?process=views/article.php&articleId=5193 http://cgw.com.au/?process=views/article.php&articleId=5193 Discretionary trust deeds are designed to provide clients with maximum flexibility and most modern deeds give the trustee wide powers of variation. However, it is always necessary to check the wording of the trust deed carefully to ensure that a proposed variation is within the scope of the trustee’s powers. This was illustrated in a recent Queensland Supreme... http://cgw.com.au/?process=views/article.php&articleId=5070 http://cgw.com.au/?process=views/article.php&articleId=5070 The High Court, in its decision on 22 May 2008 in the case of Commissioner of Taxation v Reliance Carpet Co Pty Ltd, has held that GST is payable on forfeited deposits under contracts for the sale of property. In this case, Reliance Carpet Co Pty Ltd entered into a contract to sell land in Victoria to a purchaser. When the purchaser failed to complete the... http://cgw.com.au/?process=views/article.php&articleId=4145 http://cgw.com.au/?process=views/article.php&articleId=4145 CGW has five teams participating in this year's Global Corporate Challenge (GCC). The GCC is a corporate health and wellbeing initiative developed specifically for the workplace. The event was created to address the emerging health crisis resulting from the triple threat - longer workdays, sedentary occupations and little or no exercise. Participants record their daily walking activity levels from their GCC pedometer and every step... http://cgw.com.au/?process=views/article.php&articleId=5072 http://cgw.com.au/?process=views/article.php&articleId=5072 A copy of this Alert has been published in the October 2008 issue of the Australian Law Journal (p.673). In brief The Qld Supreme Court decision in Royalene Pty Ltd v Registrar of Titles & Ors (2008) QSC 64 (7 April 2008) involving a forged mortgage registered in 2004, appears to be a win for the registered mortgagee. The decision... http://cgw.com.au/?process=views/article.php&articleId=5071 http://cgw.com.au/?process=views/article.php&articleId=5071 In commercial communications business people will often use the phrase ”without prejudice” to try to keep information from being used against them in court proceedings. A common misconception Merely using the phrase ”without prejudice” does not “magically” mean that the... http://cgw.com.au/?process=views/article.php&articleId=5069 http://cgw.com.au/?process=views/article.php&articleId=5069 The High Court has determined that the Roads and Traffic Authority [RTA] was not to blame for a motor vehicle accident at a known “black spot” as the drivers themselves were at fault. Circumstances of the accident On 12 March 2001, a collision occurred between a vehicle driven by Royal [R] and one driven by Smurthwaite [S]... http://cgw.com.au/?process=views/article.php&articleId=5190 http://cgw.com.au/?process=views/article.php&articleId=5190 In the recent Qld Court of Appeal decision in Williams (as liquidator of Scholz Motor Group P/L (in liq) v Scholz & Anor (2008) QCA 94 the facts were uncontroversial but spectacular. A newly formed company commenced business selling cars. It had no substantial capital assets and no working capital. From the beginning, the company did... http://cgw.com.au/?process=views/article.php&articleId=5281 http://cgw.com.au/?process=views/article.php&articleId=5281 Cooper Grace Ward is proud to announce a new Partner and Special Counsel to our team. Heinz Lepahe has recently joined Cooper Grace Ward Lawyers as a partner in the commercial workgroup and specialises in employment and workplace relations. He has worked with major corporations such as Bechtel Australia, Boral, Williams Corporation, Thiess, Warner Brothers, Tyco International, Suncorp, Workpac and Jupiters. He provides... http://cgw.com.au/?process=views/article.php&articleId=5058 http://cgw.com.au/?process=views/article.php&articleId=5058 Client legal professional privilege lies at the heart of Australia’s legal system. Essentially, it is the principle that confidential communications between a client and a legal advisor should be protected to facilitate honest and open communication between them. Broadly speaking, communications between lawyer and client will be... http://cgw.com.au/?process=views/article.php&articleId=4146 http://cgw.com.au/?process=views/article.php&articleId=4146 CGW’s Insurance Law team has recently been ranked as being one of Brisbane’s three leading law firms in the ‘ALB Guide’ for Insurance Law. The ALB Guide is a series of detailed insights into specific practice areas, and their leading firms and lawyers. The most recent edition of ALB magazine focused on Insurance Law. Telephone interviews were conducted with over 150... http://cgw.com.au/?process=views/article.php&articleId=1924 http://cgw.com.au/?process=views/article.php&articleId=1924 CGW was a finalist in the 2008 Australasian Law Awards - Brisbane Law Firm of the Year. This is the second consecutive year that CGW has been nominated for this award. The nomination reflects the achievements of the firm over the past 12 months and the continued support Cooper Grace Ward receives from its clients and suppliers alike. The Law Awards seek to recognise and reward outstanding performers within the legal industry across... http://cgw.com.au/?process=views/article.php&articleId=5062 http://cgw.com.au/?process=views/article.php&articleId=5062 Margin borrowing is a popular way of maximising exposure to shares and other financial products. Put simply, the advantages can be enticing. The ability to maximise exposure without fully capitalising the investment and the tax deductibility of interest payments are two such drivers. However, when company directors become involved in margin borrowing, the... http://cgw.com.au/?process=views/article.php&articleId=5059 http://cgw.com.au/?process=views/article.php&articleId=5059 The Franchising Code of Conduct was amended effective from 1 March 2008. The stated purpose of the amendments is to enhance franchisor accountability by requiring additional disclosure of information by franchisors at an early stage so prospective franchisees can make more informed decisions. The amendments affect the timing and... http://cgw.com.au/?process=views/article.php&articleId=3865 http://cgw.com.au/?process=views/article.php&articleId=3865 CGW’s Environmental Law team has recently been ranked as being one of Brisbane’s most recommended in the ‘ALB Guide’ for Environmental Law. The ALB Guide is a series of detailed insights into specific practice areas, and their leading firms and lawyers. The most recent edition of ALB magazine focused on Environmental Law. To gain insight into this area, ALB conducted telephone interviews with... http://cgw.com.au/?process=views/article.php&articleId=272 http://cgw.com.au/?process=views/article.php&articleId=272 CGW sponsors Queensland Environmental Law Association Cooper Grace Ward is proud to be one of the sponsors of the 2008 Annual Conference for the Queensland Environmental Law Association (QELA). The conference will be held in May and will attract representatives from Local Governments and Environmental Consultancies as well as judges, barristers and solicitors practising in the field of planning and environmental law. QELA is a not... http://cgw.com.au/?process=views/article.php&articleId=5189 http://cgw.com.au/?process=views/article.php&articleId=5189 Earlier this month, Queensland Premier Anna Bligh announced the Government’s plan to amalgamate the State’s various administrative review tribunals into a body called the Queensland Civil and Administrative Tribunal. Currently there are over twenty separate Tribunals operating in Queensland. They consider a variety of... http://cgw.com.au/?process=views/article.php&articleId=5194 http://cgw.com.au/?process=views/article.php&articleId=5194 The ATO issued a fact sheet in January 2008 which clearly indicates they have concerns in relation to the way in which the trust cloning exemption is being used. This was reinforced in a speech given by Bruce Quigley (Second Commissioner of Taxation) at the national conference of the Taxation Institute of Australia on 13 March 2008 (which is published on the ATO website). ... http://cgw.com.au/?process=views/article.php&articleId=5061 http://cgw.com.au/?process=views/article.php&articleId=5061   As promised, the Rudd Government has released the exposure draft of the Trade Practices Act (Cartel Conduct and other Measures) Bill 2008. The legislation seeks to outlaw anti-competitive conduct evident in the assembly of cartels. The move to criminalise such arrangements was endorsed in 2003 by the Dawson Review Committee which examined the... http://cgw.com.au/?process=views/article.php&articleId=195 http://cgw.com.au/?process=views/article.php&articleId=195 CGW a proud sponsor of ACHSE Cooper Grace Ward is an official sponsor of the Australian College of Health Service Executives (ACHSE). As part of this sponsorship, the firm offers legal training and support to ACHSE members through workshops and seminars. Cooper Grace Ward will also feature at the ACHSE State Conference at the Gold Coast in May 2008. This event will be attended by executives from both the private and public sectors... http://cgw.com.au/?process=views/article.php&articleId=5188 http://cgw.com.au/?process=views/article.php&articleId=5188 In the case of Aussie Vic Plant Hire Pty Ltd v Esanda Finance Corporation Limited [2008] HCA 9, handed down on 26 March 2008, the High Court confirmed that Courts do not have the power to extend time for compliance with a statutory demand after the period for compliance with the demand has expired. Section 459F(2)(a)(i) of the Corporations Act... http://cgw.com.au/?process=views/article.php&articleId=5065 http://cgw.com.au/?process=views/article.php&articleId=5065 With a takeover activity playing an ever-increasing role in Australian equity markets, the efficient regulation of mergers and acquisitions has become an even more topical issue for the Australian competition regulator. In attempting to strike a balance between the laissez faire attitudes of big business on the one hand, and the need for regulation on the... http://cgw.com.au/?process=views/article.php&articleId=5063 http://cgw.com.au/?process=views/article.php&articleId=5063 On 26 February 2008, the Queensland Government introduced into State Parliament amendments to the Valuation of Land Act 1944 that will have an impact on many Queensland land owners. Current Law Section 3 of the Valuation of Land Act 1944 states that 'unimproved value of land' in relation to improved land is the capital sum which... http://cgw.com.au/?process=views/article.php&articleId=3660 http://cgw.com.au/?process=views/article.php&articleId=3660 On Saturday 23 February, Cooper Grace Ward hosted a workshop for all its Partners, Associates and Managers as part of an ongoing Emotional Intelligence Leadership program. The workshop was facilitated by Gretel Bakker and Martin Challis of Performance Frontiers, and featured Miha Pogacnik, a classical violinist and global expert in the area of organisational transformation and leadership. With a belief that "music, of all the arts, reaches... http://cgw.com.au/?process=views/article.php&articleId=5064 http://cgw.com.au/?process=views/article.php&articleId=5064 Corporate social responsibility is now acknowledged as an important part of any corporate culture. With the introduction of the UN Global Compact rating and many of the same kind of green classification programs, businesses have come to see ‘green marketing’ as an essential advertising tool. Green marketing has increased in... http://cgw.com.au/?process=views/article.php&articleId=5068 http://cgw.com.au/?process=views/article.php&articleId=5068 Hawira -v- Connolly & Anor; Connolly -v- Hawira & Anor [2008] QSC 004 Date of Judgment: 30 January 2008 This is a recent decision of Justice Daubney of the Supreme Court of Queensland concerning assessment of damages pursuant to the Civil Liability Act 2003 (Qld) [CLA] focussing on contributory negligence for failure to wear a... http://cgw.com.au/?process=views/article.php&articleId=3536 http://cgw.com.au/?process=views/article.php&articleId=3536 Cooper Grace Ward has announced it will be expanding into a planned five star green building at 400 George Street, Brisbane in September 2009. Chris Ward, Managing Partner said that the move is driven by the need for more space to accommodate the continuing growth of the firm. With the firm seeing growth in team members by 15%, and revenue 18% for the year ended December 2007, Cooper Grace Ward is well positioned to continue... http://cgw.com.au/?process=views/article.php&articleId=5066 http://cgw.com.au/?process=views/article.php&articleId=5066 Today Ms Julia Gillard, the Minister for Education and Minister for Employment and Workplace Relations presented the Workplace Relations Amendment (Transition to Forward with Fairness) Bill 2008 to the Federal Parliament. The key provisions of this Bill are: to prevent the making of new Australian Workplace Agreements (AWAs); ... http://cgw.com.au/?process=views/article.php&articleId=3439 http://cgw.com.au/?process=views/article.php&articleId=3439 During December of 2007, Cooper Grace Ward took part in a charity food drive for the Ronald McDonald House at the Royal Brisbane, Royal Children’s and Women's Hospital Herston. The organisation is an accommodation facility providing families and parents/guardians with a comfortable and secure "home away from home" whilst their child seeks special medical treatment in Brisbane. Ronald McDonald House Herston gives... http://cgw.com.au/?process=views/article.php&articleId=3029 http://cgw.com.au/?process=views/article.php&articleId=3029 Cooper Grace Ward was a proud exhibitor at the 2007 Australian Business Development Exhibition in Brisbane. Hosted at the Brisbane Convention and Exhibition Centre on 18-19 October, the event attracted almost 3,000 visitors from the business community. The exhibition provided useful information, resources and seminars for business owners and managers. For more information, please contact: James RimmerMarketing ManagerPh 61-7 3231... http://cgw.com.au/?process=views/article.php&articleId=2882 http://cgw.com.au/?process=views/article.php&articleId=2882 On 10 and 11 September 2007, the annual Lawtech Summit and the Lawtech Awards were hosted in Noosa, Queensland. The Lawtech Summit, focusing on IT issues for the Australian legal industry, was attended by law firm IT representatives, IT suppliers to the legal industry, and in-house legal IT teams from around the country. The Lawtech Awards were announced on the first night of the Summit. Cooper Grace Ward was among the winners, taking out... http://cgw.com.au/?process=views/article.php&articleId=2047 http://cgw.com.au/?process=views/article.php&articleId=2047 Cooper Grace Ward was an official supporter of the 2007 Q400. Described by the Queensland Premier as "unquestionably one of the key business events of the year," it is a unique program that provides public recognition of the achievements of Queensland's local business heroes - the owners of the state's leading home-grown enterprises.In its fifth year, the program comprised: a prestigious listing of the state's top 400 privately... http://cgw.com.au/?process=views/article.php&articleId=1306 http://cgw.com.au/?process=views/article.php&articleId=1306 CGW a finalist in the 2007 MFAA Excellence Awards - "Support Services Provider of the Year" The MFAA (Mortgage and Finance Association of Australia) Excellence Awards recognise individuals and organisations operating in all sectors of the mortgage and finance industry. They encourage innovation, best practice, customer service, and challenge the industry to raise the bar. Participation in this esteemed competition is a benefit reserved for... http://cgw.com.au/?process=views/article.php&articleId=480 http://cgw.com.au/?process=views/article.php&articleId=480 Are you part of an overseas pharmaceutical company? Are you interested in sponsoring clinical trials in Australia?  Unsure of the legal requirements? Cooper Grace Ward can assist, click here to download an information sheet. http://cgw.com.au/?process=views/article.php&articleId=227 http://cgw.com.au/?process=views/article.php&articleId=227 CGW assists First Permanent and the Mortgage Industry to catch fraudsters First Permanent Financial Services with the assistance of Cooper Grace Ward recently identified the perpetrator behind an attempt to borrow approximately $680,000 from First Permanent under a fictitious name. First Permanent, Cooper Grace Ward and the Queensland Police together identified and caught the perpetrator before any money was advanced. Mr... http://cgw.com.au/?process=views/article.php&articleId=4357 http://cgw.com.au/?process=views/article.php&articleId=4357 July 2008 Who will decide how to pay your Superannuation when you die? Superannuation savings now comprise a major asset of many people, be they retirees or younger people saving for retirement, particularly if they hold life insurance in their superannuation fund.  When preparing an estate plan it is critical that people consider how their superannuation benefits will be dealt with if they die.       http://cgw.com.au/?process=views/article.php&articleId=4177 http://cgw.com.au/?process=views/article.php&articleId=4177 Caution needed when using "Without Prejudice" 11 June 2008  In commercial communications business people will often use the phrase "without prejudice" to try to keep information from being used against them in court proceedings. Merely using the phrase "without prejudice" does not "magically" mean that the communication cannot be used in court proceedings. The... http://cgw.com.au/?process=views/article.php&articleId=2229 http://cgw.com.au/?process=views/article.php&articleId=2229 July 2008 Varying a Trust Deed - How hard can it be? Discretionary trust deeds are designed to provide clients with maximum flexibility and most modern deeds give the trustee wide powers of variation.  However, it is always necessary to check the wording of the trust deed carefully to ensure that a proposed variation is within the scope of the trustee’s powers.   Learn more about our... http://cgw.com.au/?process=views/article.php&articleId=1338 http://cgw.com.au/?process=views/article.php&articleId=1338 July 2008 Indefeasibility of forged mortgages in QLD a qualified win for the registered mortgagee The QLD Supreme Court decision involving a forged mortgage registered in 2004, appears to be a win for the registered mortgagee. The decision however must be viewed in light of subsequent amendments made to the Land Title Act 1994 to reduce the incident of identity fraud. *A note based on this article is shortly to be... http://cgw.com.au/?process=views/article.php&articleId=1219 http://cgw.com.au/?process=views/article.php&articleId=1219 July 2008 No wedding required? The Family Court to deal with property disputes between both married and de facto couples.   The Government introduced a bill on 25 June 2008 which, if passed, will amend the Family Law Act to allow disputes in relation to property and financial matters between couples to be resolved or determined by the Family Court irrespective of whether the couple are married or living in a defacto... http://cgw.com.au/?process=views/article.php&articleId=1108 http://cgw.com.au/?process=views/article.php&articleId=1108 May 2008 A case of two hats: client legal professional privilege for in-house counsel Client legal professional privilege lies at the heart of Australia’s legal system. Essentially, it is the principle that confidential communications between a client and a legal advisor should be protected to facilitate honest and open communication between them. While the application of client legal professional privilege is relatively... http://cgw.com.au/?process=views/article.php&articleId=932 http://cgw.com.au/?process=views/article.php&articleId=932 July, 2008 Safety Net for Australian Workers - National Employment Standard Recently the Government announced details of the long awaited safety net for Australian workers known as the National Employment Standard. The new Standard, which expands on the Australian Fair Pay and Conditions Standard introduced by the Howard Government and contains 10 minimum employment standards which will form the basis upon which modern awards will be... http://cgw.com.au/?process=views/article.php&articleId=727 http://cgw.com.au/?process=views/article.php&articleId=727 The Planning & Enviroment Partner is your source of information on the latest developments relevant to planning and environment matters. Click here to view the first edition of Planning & Environment Partner and access our other publications. http://cgw.com.au/?process=views/article.php&articleId=331 http://cgw.com.au/?process=views/article.php&articleId=331 July 2008 Statutory demands in uncertain times - a timely reminder Creditors are increasinly issuing statutory demands against a debtor company as a means of obtaining payment of outstanding debts of more than $2,000.  There are serious legal consequences for the debtor company if the statutory demand is inadvertently overlooked or ignored.      Contract Trumps Unjust Enrichment - Building Dispute... http://cgw.com.au/?process=views/article.php&articleId=318 http://cgw.com.au/?process=views/article.php&articleId=318 August, 2008 Queensland Duty & Land Tax changes as of 1 July 2008 The beginning of the 2008/2009 financial year has seen a number of significant changes in the way duty is assessed.  This legal alert contains a summary of the changes endorsed by the Queensland State Government as from 1 July 2008.   July, 2008 GST on forfeited deposit The High Court, in its decision on 22 May 2008 in the case of... http://cgw.com.au/?process=views/article.php&articleId=245 http://cgw.com.au/?process=views/article.php&articleId=245 July 2008 Settlement. To be or not to be - that is the question. BISHOP V WOOLWORTHS LIMITED [2008] QSC 154 This recent decision of Justice Wilson of the Supreme Court dispels the long held belief that an oral compromise is as good as a written one, at least in the context of matters involving pre-proceeding settlements regulated by the Workcover Queensland Act 1996 (and by analogy, the Workers Compensation and Rehabilitation Act... http://cgw.com.au/?process=views/article.php&articleId=207 http://cgw.com.au/?process=views/article.php&articleId=207 May 2006 HIGH COURT REJECTS SO CALLED "WRONGFUL LIFE" CLAIMS   On 9 May 2006 the High Court of Australia gave judgment in the cases of Harriton v Stephens and Waller v James; Waller v Hoolahan.  In each matter, the appeals were dismissed with costs by a 6 to 1 majority.     TORT REFORM CONTINUES: EXCLUSION OF CLAIMS FOR PERSONAL INJURIES OR DEATH UNDER TRADE PRACTICES ACT On...