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Allegations that an employer failed to undertake a risk assessment and prepare a documented system of work are a feature of most common law work claims.
The duty owed by retailers and shopping centre operators to prevent slips and falls is a very high one. However, the recent decision of Carnemolla demonstrates that where a defendant has a good defence supported by a detailed incident report they can still win.
The COVID-19 pandemic has dramatically increased an already significant trend of workers working from home. This blurs the line between what occurs in the course of a worker’s employment and their personal life.
With 30 June fast approaching, it is time to start considering trustee distribution resolutions. For those many trusts that have made a family trust election (FTE), getting trust distributions wrong can have major implications.
A company in liquidation served a creditor’s statutory demand for debt where there was a genuine dispute about the existence of the alleged debt.
Changes were made to the Justice Legislation (COVID-19 Emergency Response-Wills and Enduring Documents) Amendment Regulation 2020 (Qld) last week to extend the operation of that regulation to the signing of deeds.
Trustees of discretionary trusts and many unit trusts that distribute capital gains to non-resident beneficiaries will need to include these capital gains in their assessable income.
In the May 2020 decision of Kardos & Harmon, the Family Court was asked to decide whether the mother’s refusal, due to COVID-19 related concerns, to allow her child to travel by plane from Adelaide to Queensland to spend time with his father pursuant to final parenting orders, was a contravention of those orders; that is, a breach of the orders without reasonable excuse.
The Federal Court is poised to determine whether Qantas’ stand down of approximately 66% of its Licensed Aircraft Maintenance Engineers (LAMEs) was legal. In the meantime, the Court has determined that stood down employees are not entitled to personal leave.
The Federal Court is poised to determine whether Qantas’ stand down of approximately 66% of its Licensed Aircraft Maintenance Engineers (LAMEs) was legal. In the meantime, the Court has determined that stood down employees are not entitled to personal leave.
The Queensland Parliament has now passed regulations allowing for Wills and enduring documents (including enduring powers of attorney and advance health directives) to be witnessed via an audio visual link.
Separating from a de facto partner or spouse is an incredibly stressful event. It can happen suddenly, for example, when an affair is discovered, or it can be a slow winding-down of what started as a blissful and loving union. In either case, emotions run high and people are often justifiably fearful that their formerly beloved partner may unilaterally withdraw funds from joint bank accounts for their own benefit.