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Law Articles

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View - by Area of Law

Professional Misconduct

• Professional Discipline for Legal Professionals in Queensland

Government and Regulatory Prosecutions

• Environmental Prosecutions
• Maritime Safety in Queensland
• The Food Act in Queensland: Ensuring Food Safety

Business and Commercial

• Affect Of Recent High Court Decision On All Trusts In Australia
• Basic Legal Contractual Concepts – Everyday Occurrences
• Breach Of Contract
• Business Names and Trade Mark Protection
• Changes to Paying Company Dividends
• Dissolution of Partnerships
• Lawyers For Business Disputes
• Personal Property Securities Register and registration requirements for protection of interests
• Proposed Amendments To Taxation Of Employee Equity Schemes
• Remedies For Breach of Contract
• Retention of Title Clauses
• Rights of Shareholders and Directors to Access Company Documents
• Unfair Contract Terms
• Unfair Dismissal Over Facebook Content
• Workplace Health and Safety (WHS) Proceedings

Debt Recovery, Bankruptcy and Insolvency

• Applying to Make an Individual Bankrupt
• Bankruptcy and the Family Home
• Bankruptcy Notices – Bankruptcy Qld
• Company Wound Up In Insolvency Under Corporations Act
• Creditors Statutory Demand for Payment of a Debt – Form 509h Statutory Demands
• Creditor’s Statutory Demand for payment of debt – Winding Up – Strict compliance with form required
• Determining Solvency of a Company – Cash Flow Assessment Confirmed as the Most Appropriate Method
• Director Penalty Notices: ATO Announces Stricter Debt Recovery
• Insolvent Trading
• Letter of Demand – Example
• Liquidation
• Recovering part of a debt owed by a company
• Set Aside Bankruptcy Notices
• Setting Aside Default Judgments
• Setting Aside Statutory Demands
• Successful Recovery of Funds for Plaintiff
• What is Bankruptcy?
• When Can a Bankruptcy Trustee Recover Property or Set Aside a Transfer Under Sections 120 and 121 of the Bankruptcy Act?

Employment Law

• Breach of Confidence, Confidentiality Agreement
• Bullying and Harassment in the Workplace
• Casual Conversion
• Casual Employee Rights and Employment Contracts
• Criminal Prosecutions for Underpayment Under Awards
• Employee contracts – Ramifications of failing to clearly stipulate employment terms – Reasonable notice on termination
• Employee Handbook, Employee Manuals and Workplace Policies and Procedures – Drafting of Employee Handbooks
• Employment contracts – implied terms of trust and confidence
• Employment entitlements under the National Employment Standards
• General Protections Claims
• It’s a foreign world – navigating through the Fair Work process – The Fair Work Commission process: a brief ‘how to’ for an employer or an employee
• Redundancy
• Restrictive Covenants: Restraints of trade clauses
• Sexual Harassment in the Workplace
• Summary Dismissal – when is it justified?
• The new Fair Work Act 2009 (CTH): Changes to the rights of workplace delegate
• The Right to Disconnect in Employment
• Trade secrets and restraint of trade clauses
• Unfair Dismissal – Eligibility and Making an Application
• What are trade secrets?
• Work Functions – Employer and Employee Responsibilities
• Workplace Discrimination

Insurance

• Discharge Of Insurers’ Obligations
• Double Insurance
• Known Circumstances And Disclosure

Leases - Commercial and Retail

• Disclosure Statement by the Lessor
• Green Leases – Building Energy Efficiency Disclosure Act 2010
• Lease Agreement
• Lessee’s Liability for Unauthorised Alterations to Leased Premises
• Loss and Damages to be Claimed Following Breach of Contract/Lease
• Notice to Remedy Breach of Covenant
• Option to Renew a Commercial or Retail Lease
• Powers of the Lessor Under s 107 Property Law Act 1974 (Qld) to Enter Premises
• Ratchet Clauses and Compensation
• Resolving Lease Disputes
• Termination of a Lease – Forfeiture & Re-Entry of a Lease

Litigation and Disputes

• Appealing a QCAT Decision
• Appeals and Appealing Civil Law Judgements and Orders
• Application for Summary Judgment
• Applying for Summary Judgment as A Defendant
• Applying For Summary Judgment as a Plaintiff – An Article by Duncan Marckwald – Barrister
• Applying to Set Aside A Statutory Demand, By Simon Trewavas, Barrister-At-Law
• Bank Guarantees and Injunctions
• Breach Of Contract
• Bringing An Application to Strike Out Pleadings
• Building and Construction – Latent defects and issuing variations
• Calderbank Offers
• Caveat Removal Case
• Caveat Removal Proceedings
• Concerns Notices
• Constructive Trusts
• Contracts – When is a Contract Binding – Masters V Cameron
• Contracts, Breaches, Damages and Penalties
• Costs Orders
• Defamation Lawyers Brisbane
• Defamation, Defamation of Character, Defamatory Statements
• Disputes Between Directors of a Company
• Easements and Restrictive Covenants – Easement in Gross, Dominant Tenement, Servient Tenement
• Enforcing Money Orders from QCAT
• Extension of Limitation Period
• Federal Court Requirements on Dispute Resolution
• Freezing Order | Case Study
• Freezing Orders | Mareva Injunctions | Asset Preservation Orders
• How Good Faith Operates within Australian Contract Law
• How To Remove a Caveat Over Your Property?
• Interim injunctions and interlocutory injunctions
• Interlocutory Injunction Applications | Mortgage Disputes | Genuine Dispute | Balance of Convenience
• Joint Property Disputes
• Just and Equitable Grounds to Wind Up a Company, Corporate Oppression by Trustee Company, Quasi Partnership
• Lawyers For Business Disputes
• Lodging A Caveat Over Property in Queensland
• Misleading and Deceptive Conduct in Advertising
• Misleading and Deceptive Conduct in Property Transactions and Sales of Real Estate
• Misleading and Deceptive Conduct Under the Australian Consumer Law
• Partnership Dispute Lawyers Brisbane
• Private Nuisance
• Proceedings Dismissed for Delay
• Proportionate Liability – Limiting the Scope of Wrongdoers Accountability
• Proposed Changes to the Building and Construction Industry Payments Act (BCIPA) for Subcontractors
• QUIRKY MAMA PRODUCTIONS PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) V SCREEN AUSTRALIA (TAXATION) [2023] AATA 3089
• Remedies For Breach of Contract
• Removal of Trustee
• Resolving Lease Disputes
• Rights in trusts, the Trusts Act and the Supreme Court to remove a trustee
• Rights of Apartment Owners for Economic Loss from Latent Building Defects
• Served with a Claim and Statement of Claim? What to do next.
• Setting Aside Default Judgments
• Shareholder Disputes
• Should A Defendant Have to Elect Not to Give Evidence Before a No Case Application?
• Specific Performance
• Steps for Filing a Defence – What To Do If You’ve Been Served with A Claim
• Strike Out Applications
• SUBSTITUTED SERVICE APPLICATIONS IN QUEENSLAND: RISK OF INADEQUATE PREPARATION
• The Graywinter Principle in Practice, By Simon Trewavas, Barrister-At-Law
• Trusts, Trustees and Beneficiaries
• Unconscionable Conduct and the ASIC Act
• Unconscionable Conduct Under the Australian Consumer Law and Commercial Bank of Australia v Amadio
• Unfair Preference Claims
• Unlicensed Building Work by an Unlicensed Builder
• When a Guarantee Must be Evidenced in Writing
• When Can a Bankruptcy Trustee Recover Property or Set Aside a Transfer Under Sections 120 and 121 of the Bankruptcy Act?
• Your Emails can form a Valid and Binding Contract
• Property Law and Disputes
• Caveat Removal Case
• Caveat Removal Proceedings
• Easements and Restrictive Covenants – Easement in Gross, Dominant Tenement, Servient Tenement
• How To Remove a Caveat Over Your Property?
• Joint Property Disputes
• Lodging A Caveat Over Property in Queensland
• Private Nuisance

Professional Negligence

• Accountancy and Financial Advice – Professional Negligence
• Accountants Held Liable for Breach of Duty to Previous Shareholders of Company
• Barristers Immune to Professional Negligence Actions by Solicitors
• Builder Liable for Negligence to Subsequent Owners of Home for Pure Economic Loss
• Claim Against Lawyers for Expired Limitation Period
• Disclosure of Legal Professional Privilege In Professional Negligence Claim Against Lawyers
• Engineers and Builders – No Liability in Professional Negligence to Subsequent Owners of Commercial Buildings for Structural Defects
• Informal Wills – Solicitor’s Negligence in Advising on Will and the Succession Act
• Insurance Broker Liable for Failing to Ensure Full Coverage and Warn Client of Lack of Insurance
• Insurance Broker Liable in Excess of $2 Million for Professional Negligence
• Insurance Broker’s Professional Negligence – Liable to Client for Insurance Company’s Refusal to Pay Claim
• Lawyers Sued for Failing to Warn of Possibility of Nil Recovery
• Overpaid Tax – Damages for Loss of Use of Money in Professional Negligence Claim v. Accountants
• Pest Inspectors, Termite Damage, Professional Negligence, White Ant Reports and Building Reports
• Share Broker – Ordered to Pay Damages for Failure to Sell Shares as Instructed
• Solicitors Owe A Duty Of Care To Beneficiaries When Drafting Wills
• Suing Lawyers (Barristers or Solicitors) for Work Performed in Court
• Woodcroft-Brown v Timbercorp Securities Ltd & Ors

Buying and Selling Property

• Joint Property Disputes
• PAMDA Amendments
• Warning Statements, Cooling Off Period

Crime, Criminal Law

• Appeals and Appealing Criminal Law Judgements and Sentences
• Assault Charges
• Burglary
• Centrelink Fraud
• Child Protection Offender Register
• Criminal Code
• Defences To Assault Charges
• Double Jeopardy
• Drug and Alcohol Court
• Drug Diversion Program
• Extortion
• Fail to stop – Evade police
• Fraud
• Fraud, Stealing, And Theft as An Employee
• Grooming & Using the Internet to Procure a Child – Queensland State Offences
• Indecent Treatment of Children Under 16
• Jack’s Law
• Looting and Natural Disasters
• Making Child Exploitation Material
• Murder and Manslaughter
• Offences Against Children and Minors
• Offences Against Morality
• Police Powers
• Possessing Dangerous Drugs
• Possessing Various Property Or Things Relating To Drug Offences
• Possession Of Child Exploitation Material – Queensland
• Producing Dangerous Drugs
• Public Nuisance
• QLD Drug Laws, Drug Offences
• Rapes and Sexual Offences
• Stealing
• Stolen Property
• Supplying Dangerous Drugs
• Supreme Court Bail Applications
• The Heavy Vehicle National Law – Heavy Vehicle Offences
• The Making Queensland Safer Laws
• Trafficking In Dangerous Drugs
• Trespass
• What are “Dangerous Drugs”?
• Youth Justice and Juvenile Crime
• Drug Offences & Sentencing Options
• Drug and Alcohol Court
• Drug Diversion Program
• Possessing Dangerous Drugs
• Possessing Various Property Or Things Relating To Drug Offences
• Producing Dangerous Drugs
• Supplying Dangerous Drugs
• Trafficking In Dangerous Drugs
• What are “Dangerous Drugs”?

Domestic Violence, DVO

• Application to Vary a Domestic Violence Order
• Breach of a Domestic Violence Order
• Choking, Suffocation or Strangulation in a Domestic Setting
• Coercive Control And Domestic Violence Orders
• Domestic Violence & Written Parenting Arrangements
• Domestic Violence Order Conditions
• Domestic Violence Orders & Family Court Orders
• Domestic Violence Orders – Is a DVO Necessary Or Desirable
• Domestic Violence Orders, Weapons Licences, & Use of Weapons for Work
• How Long Does a Domestic Violence Order Last?
• Police Protection Directions (PPDs)
• Police Protection Notices – Temporary Protection Orders
• Responding to an Application for a Domestic Violence Order
• Temporary Protection Orders
• What is Domestic Violence in Australia?
• Who Can Apply for a Domestic Violence Order?
• Who Will a Domestic Violence Order Affect?
• Will the Application for a Domestic Violence Order be Granted?

DUI, Drink Driving, Traffic and Licences

• Dismissal Of Employee For Drink Driving Outside Of Work
• Mid Range PCA – DUI, Drink Driving

Wills & Estates

• Application for Grant of Probate or Letters Of Administration
• Powers Of Attorney
• Wills & Estate Lawyers in Brisbane

Wills, Contesting Wills

• Costs In Family Provision Claims
• Family Provision Claims – Succession Act – Factors Considered In Family Provision Claim Sham Marriage, Estranged Children and Dementia
• Family Provision Claims – Courts Will Amend Wills Only to the Extent Necessary and No Further
• Family Provision Orders – Settlement Agreements