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# Aitken Whyte Lawyers

Commercial, civil, & criminal lawyers in Brisbane. Experienced lawyers focused on providing results in civil & commercial dispute resolution & criminal defence.

## Sitemaps

- [XML Sitemap](https://www.awbrisbanelawyers.com.au/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [Workplace Discrimination](https://www.awbrisbanelawyers.com.au/discrimination-in-the-workplace/) - Discrimination in the Workplace Where an employer has taken adverse action against an employee or prospective employee on the basis of: racecoloursexsexual orientationagepsychical or mental disabilitymarital statusfamily or carer’s responsibilitiespregnancyreligionpolitical opinionnational extraction or social origin An investigation may be made as to whether or not the employer has undertaken discriminatory practices that are linked to
- [Wills & Estate Lawyers in Brisbane](https://www.awbrisbanelawyers.com.au/wills-and-estates/) - Aitken Whyte Lawyers help Brisbane clients with wills, estate planning and probate. Clear advice, practical guidance. Book your consultation today.
- [The Graywinter Principle in Practice, By Simon Trewavas, Barrister-At-Law](https://www.awbrisbanelawyers.com.au/litigation-lawyers-brisbane-graywinter-principle/) - The Graywinter Principle in Practice, written by Simon Trewavas, Barrister for Aitken Whyte Lawyers. Statutory demands & applying to set them aside.
- [Applying to Set Aside A Statutory Demand, By Simon Trewavas, Barrister-At-Law](https://www.awbrisbanelawyers.com.au/applying-to-set-aside-a-statutory-demand/) - Applying to Set Aside A Statutory Demand, by Simon Trewavas, barrister for Aitken Whyte Lawyers. We assist businesses with statutory demands.
- [Police Protection Directions (PPDs)](https://www.awbrisbanelawyers.com.au/police-protection-directions-ppds/) - Learn how QLD's Police Protection Directions (PPDs) work, what they mean, & how to seek a review. Our experienced Domestic Violence Lawyers can offer guidance.
- [Director Penalty Notices: ATO Announces Stricter Debt Recovery](https://www.awbrisbanelawyers.com.au/director-penalty-notices-ato-announces-stricter-debt-recovery/) - Learn when the ATO will issue a lockdown or non-lockdown DPN, when liability applies, & about possible defences. Contact Aitken Whyte Lawyers for legal advice.
- [Concerns Notices](https://www.awbrisbanelawyers.com.au/concerns-notices/) - If someone has defamed you, the first step is likely to issue a concerns notice. Find out what to include and what options you have to protect your reputation.
- [Defamation, Defamation of Character, Defamatory Statements](https://www.awbrisbanelawyers.com.au/defamation-defamation-of-character-defamatory-statements/) - In Queensland, defamation is a civil wrong (tort) involving the publication of false statements to a third party that cause serious harm to a person’s reputation. Governed by the Defamation Act 2005, these claims require the claimant to demonstrate “serious harm” to their reputation, not merely emotional distress. Legal action must be initiated within a
- [Defamation Lawyers Brisbane](https://www.awbrisbanelawyers.com.au/defamation/) - Protect your reputation with Aitken Whyte’s experienced defamation lawyers in Brisbane. Get strategic legal advice and strong courtroom representation today.
- [Jack’s Law](https://www.awbrisbanelawyers.com.au/jacks-law/) - Jack’s Law is now permanent in QLD. Learn what these police powers mean for you and get expert representation from Aitken Whyte Lawyers' Criminal Law Team.
- [When Can a Bankruptcy Trustee Recover Property or Set Aside a Transfer Under Sections 120 and 121 of the Bankruptcy Act?](https://www.awbrisbanelawyers.com.au/when-can-a-bankruptcy-trustee-recover-property-or-set-aside-a-transfer-under-sections-120-and-121-of-the-bankruptcy-act/) - Learn how Sections 120 & 121 of the Bankruptcy Act empower trustees to claw back assets. Understand the available defences and how to reach an early resolution.
- [Unfair Preference Claims](https://www.awbrisbanelawyers.com.au/unfair-preference-claims/) - Learn how Unfair Preference Claims work, key legal tests, defences, and how creditors can protect themselves. Our lawyers can help you defend a Claim.
- [Unconscionable Conduct Under the Australian Consumer Law and Commercial Bank of Australia v Amadio](https://www.awbrisbanelawyers.com.au/unconscionable-conduct-under-the-australian-consumer-law-cba-amadio/) - What is Unconscionable Conduct? Unconscionable conduct refers to behavior that is so harsh and oppressive it violates common conscience and good morals, going beyond simple unfairness to take advantage of a weaker party’s special disadvantage. Traditionally, legal cases required proof of a stronger party exploiting such a disadvantage, but under Australian consumer law, the concept
- [Application for Summary Judgment](https://www.awbrisbanelawyers.com.au/application-for-summary-judgment/) - Summary Judgment A summary judgment is a final court decision made without a full trial, resolving all or part of a case when the facts and law clearly indicate that one party will succeed or fail. A party seeks summary judgment by demonstrating that there are no genuine disputes over the facts, or that the
- [Easements and Restrictive Covenants - Easement in Gross, Dominant Tenement, Servient Tenement](https://www.awbrisbanelawyers.com.au/easements-restrictive-covenants-dominant-tenement-servient-tenement-property-laws/) - What is an Easement? An easement is the right to use a section of land in a particular way. Property easements over land can give someone the right to use the land in a particular way even though they are not the land owner. Reasons for granting an easement over land can include for example,
- [Calderbank Offers](https://www.awbrisbanelawyers.com.au/calderbank-offers-commercial-litigation-lawyers-brisbane-solicitors/) - Calderbank Offers A Calderbank offer is a formal settlement proposal, marked “Without Prejudice Save As To Costs,” intended to promote negotiation and prevent costly litigation. If the offer is reasonable and the recipient rejects it but later achieves a less favourable outcome in court, the party making the offer can seek indemnity costs, potentially requiring
- [Trusts, Trustees and Beneficiaries](https://www.awbrisbanelawyers.com.au/what-is-a-trust-who-is-a-trustee-beneficiaries-lawyers-brisbane-solicitors/) - Trust Lawyers, Trusts, Trustees, and Beneficiaries Trust Lawyers A trust lawyer specializes in creating, managing, and resolving disputes involving trusts—legal arrangements used to manage assets and wealth for designated beneficiaries. They draft trust deeds, offer strategic advice on asset protection and tax planning, guide trustees on their legal responsibilities, and represent clients in trust-related disputes.
- [Breach Of Contract](https://www.awbrisbanelawyers.com.au/breach-of-contract/) - Our Brisbane civil & commercial litigation lawyers can assist if you are in a contract dispute or need to sue for breach of contract or terminate a contract.
- [What are trade secrets?](https://www.awbrisbanelawyers.com.au/what-are-trade-secrets/) - What are trade secrets? A trade secret is confidential business information, such as a formula, process, or customer list, that gives a company a competitive edge and is not publicly known. Unlike registered intellectual property, trade secrets are safeguarded through a company’s own measures, including maintaining secrecy and using confidentiality agreements with employees and partners.
- [Summary Dismissal - when is it justified?](https://www.awbrisbanelawyers.com.au/summary-dismissal-when-is-it-justified/) - Summary Dismissal - when is it justified? Introduction A summary dismissal is the immediate termination of an employee by an employer without notice or payment in lieu of notice. This severe action is legally justified only in cases of gross misconduct—serious actions such as theft, fraud, violence, or harassment that fundamentally breach the employment relationship
- [Mid Range PCA - DUI, Drink Driving](https://www.awbrisbanelawyers.com.au/mid-range-pca-dui-drink-driving/) - Mid Range PCA - DUI, Drink Driving Lawyers A "mid-range PCA" is a Prescribed Concentration of Alcohol (PCA) offence in New South Wales, Australia, for drivers found with a Blood Alcohol Concentration (BAC) between 0.08 and 0.149. Penalties are serious and can include fines, licence disqualification, and imprisonment, with the severity depending on whether it
- [Building and Construction - Latent defects and issuing variations](https://www.awbrisbanelawyers.com.au/building-and-construction-latent-defects-and-issuing-variations/) - When can a builder legitimately issue variations dealing with 'latent defects' and when are variations illegitimately issued resulting in a builder charging outside of their quote? Introduction There is nothing worse than relying on a quote as security you will not spend outside of your budget for your big building project only to have your
- [Freezing Orders | Mareva Injunctions | Asset Preservation Orders](https://www.awbrisbanelawyers.com.au/freezing-orders-misappropriated-funds/) - What Is a Freezing Order? A Mareva order, more commonly referred to as a freezing order, is a court injunction that temporarily restricts a person’s assets to prevent them from being transferred, sold, or concealed before a legal judgment is rendered. Its purpose is to preserve assets so that any future court order or judgment
- [Interim injunctions and interlocutory injunctions](https://www.awbrisbanelawyers.com.au/what-is-interim-injunction-interlocutory-injunctions-court-litigation-lawyers-brisbane/) - Interim injunctions and interlocutory injunctions The terms ‘Interim Injunction’ and ‘Interlocutory Injunction’ are often used interchangeably, however there is an important distinction. An Interlocutory Injunction is obtained prior to, and remains in force until, trial. An Interim Injunction on the other hand is obtained ex parte for a very short amount of time until each
- [Contracts - When is a Contract Binding - Masters V Cameron](https://www.awbrisbanelawyers.com.au/when-is-a-contract-binding-disputes-law-solicitors-brisbane/) - Masters v Cameron is a significant Australian contract law case establishing that parties can be in one of four types of agreement, even when contemplating a formal document, but in Masters v Cameron's specific circumstances, no binding agreement was formed because the vendor's solicitors reserving the right to approve the contract, meaning the finalisation of
- [Criminal Prosecutions for Underpayment Under Awards](https://www.awbrisbanelawyers.com.au/criminal-prosecutions-for-underpayment-under-awards/) - From January 2025, intentional wage underpayment is a crime. Learn how our lawyers can help employers stay compliant and employees recover what's owed.
- [QUIRKY MAMA PRODUCTIONS PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) V SCREEN AUSTRALIA (TAXATION) [2023] AATA 3089](https://www.awbrisbanelawyers.com.au/quirky-mama-productions-pty-ltd-subject-to-deed-of-company-arrangement-v-screen-australia-taxation-2023-aata-3089/) - Occupation Rainfall: A tax offset claimed in relation to this Australian film was largely refused by Screen Australia and the AATA.
- [Unfair Dismissal – Eligibility and Making an Application](https://www.awbrisbanelawyers.com.au/unfair-dismissal-eligibility-and-making-an-application/) - Unfair Dismissal Overview Unfair dismissal happens when the Fair Work Commission (FWC) finds that an employee's termination was harsh, unjust, or unreasonable. Several factors are considered in determining unfair dismissal, such as whether there was a legitimate reason related to the employee’s conduct or performance, whether the employee was notified of the reason, and if
- [SUBSTITUTED SERVICE APPLICATIONS IN QUEENSLAND: RISK OF INADEQUATE PREPARATION](https://www.awbrisbanelawyers.com.au/substituted-service-applications-in-queensland-risk-of-inadequate-preparation/) - Judge Porter KC's recent ruling underscores the strict standards for substituted service. Learn what's required & how to prepare a successful application.
- [Served with a Claim and Statement of Claim? What to do next.](https://www.awbrisbanelawyers.com.au/served-with-a-claim-and-statement-of-claim-what-to-do-next/) - Specific performance is an equitable remedy that can be awarded in cases of breach of contract. Our litigation lawyers can help you to achieve the best result.
- [Appeals and Appealing Criminal Law Judgements and Sentences](https://www.awbrisbanelawyers.com.au/appeals-and-appealing-criminal-law-judgements-and-sentences/) - Our criminal lawyers can assist you to defend against assault charges. We have successfully had clients acquitted at trial. Contact us for legal advice.
- [The Making Queensland Safer Laws](https://www.awbrisbanelawyers.com.au/the-making-queensland-safer-laws/) - Queensland is one of the toughest states in Australia for young people charged with criminal offences. Aitken Whyte Lawyers' team of criminal defence lawyers have a proven track record of representing young people charged with criminal offences. If you or a loved one is in need of assistance, contact us for advice and representation.
- [The Heavy Vehicle National Law - Heavy Vehicle Offences](https://www.awbrisbanelawyers.com.au/the-heavy-vehicle-national-law-heavy-vehicle-offences/) - Our criminal lawyers can assist you to defend against assault charges. We have successfully had clients acquitted at trial. Contact us for legal advice.
- [Fraud, Stealing, And Theft as An Employee](https://www.awbrisbanelawyers.com.au/fraud-stealing-and-theft-as-an-employee/) - We are experienced with serious charges of fraud and stealing as an employee. Our lawyers can assist with the criminal, civil, & employment aspects.
- [Ratchet Clauses and Compensation](https://www.awbrisbanelawyers.com.au/ratchet-clauses-and-compensation/) - What is a Rachet Clause? A ratchet clause is a contractual term, typically found in lease agreements, that stops rent from decreasing during a rent review. It ensures the rent either stays the same or rises, but never drops. This offers landlords consistent rental income and shields them from market changes that might result in
- [Breach of a Domestic Violence Order](https://www.awbrisbanelawyers.com.au/breach-of-a-domestic-violence-order/) - Breach of a Condition of the Order If a respondent fails to comply with a domestic violence order the aggrieved can report the breach to the police and the respondent can be charged with a criminal offence. These breaches are taken very seriously by the Court and can attract terms of imprisonment. If a no
- [How To Remove a Caveat Over Your Property?](https://www.awbrisbanelawyers.com.au/caveats-removing-a-caveat-over-your-property/) - What Is a Caveat? A caveat acts as formal notice or a warning that someone has a priority interest in a property. Caveats are a complex area of civil litigation. Our Brisbane litigation lawyers have expertise in these types of disputes. How to Remove a Caveat? To remove a caveat, the caveator (the individual who
- [How Long Does a Domestic Violence Order Last?](https://www.awbrisbanelawyers.com.au/how-long-does-a-domestic-violence-order-last/) - How long does a DVO last in QLD? In Queensland, a final Domestic Violence Order (DVO) typically remains in effect for five years, unless the court determines a different timeframe. The court also has the authority to extend the order if necessary. Temporary protection orders, issued prior to the final order, generally remain valid until
- [Bullying and Harassment in the Workplace](https://www.awbrisbanelawyers.com.au/bullying-and-harassment-in-the-workplace-examples-of-bullying/) - Workplace Bullying If you are concerned that you may have been or continue to be bullied in the workplace, you do have rights. There are national anti-bullying laws in Australia which are designed to protect employees, outworkers, work experience students, contractors, subcontractors, volunteers and some government employees. What is Bullying? An individual will be considered
- [Setting Aside Default Judgments](https://www.awbrisbanelawyers.com.au/setting-aside-default-judgments-courts-debt/) - Setting Aside Default Judgments The court will give a default judgment where the defendant has failed to file a defence. Once the plaintiff/creditor obtains a default judgment, they will then have twelve years to enforce payment of the judgment debt. A defendant/debtor with sufficient cause may make an application to set aside a default judgment.
- [Private Nuisance](https://www.awbrisbanelawyers.com.au/private-nuisance-abatement-injunction-damages-neighbours-property/) - Private Nuisance Qld - Title to Sue, Abatement, Injuction, Damages Private nuisance is a cause of action aimed at protecting an individual’s right to enjoyment of land from the interference of his or her neighbour. Private nuisance enables remedies such as injunctions and damages where an individual’s right to enjoyment of land has been interfered
- [Builder Liable for Negligence to Subsequent Owners of Home for Pure Economic Loss](https://www.awbrisbanelawyers.com.au/builder-liable-for-negligence-to-subsequent-owners-of-home-for-pure-economic-loss/) - Builder Liable for Negligence to Subsequent Owners of Home for Pure Economic Loss The case of Bryan v Maloney involved a professional negligence action by the owner of a home against the builder. The respondent in the appeal was the third subsequent owner of the home and shortly after purchasing it, was faced with significant defects such
- [Rights in trusts, the Trusts Act and the Supreme Court to remove a trustee](https://www.awbrisbanelawyers.com.au/rights-in-trusts-the-trusts-act-and-the-supreme-court-to-remove-a-trustee/) - Beneficiaries and others can apply to remove a trustee of a trust in considering the welfare of the beneficiaries of the trust, where the trustee’s conduct gives ground upon which the power to remove may be exercised
- [Affect Of Recent High Court Decision On All Trusts In Australia](https://www.awbrisbanelawyers.com.au/affect-of-recent-high-court-decision-on-all-trusts-in-australia/) - Affect Of Recent High Court Decision On All Trusts In Australia The High Court has recently handed a decision of FCT v Bamford [2010] HCA 10. In response, the ATO has released a Decision Impact Statement ("DIS") and Practice Statement Law Administration PS LA 201011 which outlines how the ATO will treat the determination of
- [Rights of Shareholders and Directors to Access Company Documents](https://www.awbrisbanelawyers.com.au/rights-of-shareholders-and-directors-to-access-company-documents/) - Directors, and in some circumstances, Shareholders are able to access Company Documents I Contact a commercial litigation lawyer for legal advice.
- [Coercive Control And Domestic Violence Orders](https://www.awbrisbanelawyers.com.au/coercive-control-and-domestic-violence-orders/) - From 26 May 2025, coercive control will be a criminal offence in QLD, carrying a maximum penalty of 14 years’ imprisonment. Our criminal & DFV lawyers can help.
- [Police Protection Notices - Temporary Protection Orders](https://www.awbrisbanelawyers.com.au/police-protection-notices-temporary-protection-orders/) - A Temporary Protection Order (TPO) can be made before a Domestic Violence Application is decided. Breaching a TPO is a criminal offence. Our lawyers can help.
- [Interlocutory Injunction Applications | Mortgage Disputes | Genuine Dispute | Balance of Convenience](https://www.awbrisbanelawyers.com.au/interlocutory-injunction-applications-mortgage-disputes-genuine-dispute-balance-of-convenience/) - Where a mortgagor disputes the validity of the mortgage or the exercise of the power of sale. Aitken Whyte Lawyers can bring or oppose an urgent application on your behalf. Specific performance is an equitable remedy that can be awarded in cases of breach of contract. Our litigation lawyers can help you to achieve the best result.
- [Domestic Violence Orders - Is a DVO Necessary Or Desirable](https://www.awbrisbanelawyers.com.au/domestic-violence-orders-is-a-dvo-necessary-or-desirable/) - When is a Domestic Violence Order "Necessary or Desirable"? Under s 37(1) of the Domestic and Family Violence Protection Act 2012 (Qld) (‘the DFVPA’), the court may only make a domestic violence order if it is satisfied that: A relevant relationship exists between the aggrieved and the respondent; The respondent has committed domestic violence (‘DV’)
- [Just and Equitable Grounds to Wind Up a Company, Corporate Oppression by Trustee  Company, Quasi Partnership](https://www.awbrisbanelawyers.com.au/just-and-equitable-grounds-to-wind-up-a-company-corporate-oppression-by-trustee-company-quasi-partnership/) - Analysis of Munja Bakehouse Pty Ltd, Re [2024] NSWSC 6 - Quasi-partners, just and equitable winding up, and corporate oppression by a trustee company A recent decision by the New South Wales Supreme Court in Re Munja Bakehouse Pty Ltd [2024] NSWSC 6 has provided valuable insight into the application of sections 233(1)(a) and 461(1)(k)
- [Appeals and Appealing Civil Law Judgements and Orders](https://www.awbrisbanelawyers.com.au/appeals-and-appealing-civil-law-judgements-and-orders/) - Specific performance is an equitable remedy that can be awarded in cases of breach of contract. Our litigation lawyers can help you to achieve the best result.
- [Costs Orders](https://www.awbrisbanelawyers.com.au/costs-orders/) - Specific performance is an equitable remedy that can be awarded in cases of breach of contract. Our litigation lawyers can help you to achieve the best result.
- [Unconscionable Conduct and the ASIC Act](https://www.awbrisbanelawyers.com.au/unconscionable-conduct-and-the-asic-act/) - Unconscionable Conduct Under the ASIC Act Sections 12CA-12CC of the Australian Securities and Investments Commission Act 2001 (Cth) (the ASIC Act) set out the protections that are afforded to consumers in relation to the supply of financial services. Sections 20-22 of the Australian Consumer Law grant equivalent consumer protections relating to the supply of all
- [Caveat Removal Case](https://www.awbrisbanelawyers.com.au/caveat-removal-case/) - Real Experience – Removal of Caveat A client of ours recently approached us in relation to a caveat that a former business partner had lodged on his property. Our client is a property developer, and the former business partner, the caveator, asserted an interest in the land owned by our client. The land owned by
- [The Right to Disconnect in Employment](https://www.awbrisbanelawyers.com.au/the-right-to-disconnect-in-employment/) - From 26 August 2024, a ‘right to disconnect’ clause has been added to all awards. This change was introduced by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth) (the Legislation). This is currently in effect for all non-small business employers and their employees. This will come into effect for small business
- [Unlicensed Building Work by an Unlicensed Builder](https://www.awbrisbanelawyers.com.au/unlicensed-building-work-by-an-unlicensed-builder/) - A builder can’t undertake to carry out, or carry out, building work unless it has the appropriate licence. If an unlicensed builder carries out work, the unlicensed builder is prevented from claiming payment. Unlicensed Building Work by an Unlicensed Builder Aitken Whyte Lawyers recently acted for successful plaintiffs in the District Court of Queensland. The
- [Freezing Order | Case Study](https://www.awbrisbanelawyers.com.au/freezing-order-case-study/) - Earlier this year, our firm represented a respondent in proceedings in the Supreme Court of Queensland at Brisbane. Prior to our engagement, the applicants had applied to Court on an ex-parte basis - without notice to our client - to obtain a freezing order. His Honour Justice Bradley granted the freezing order. A freezing order
- [The new Fair Work Act 2009 (CTH): Changes to the rights of workplace delegate](https://www.awbrisbanelawyers.com.au/the-new-fair-work-act-2009-cth-changes-to-the-rights-of-workplace-delegate/) - The Fair Work Commission has recently amended the Fair Work Act 2009 (Cth) (the Act) concerning workplace delegate rights, effective from 1 July 2024. These amendments, particularly the modern award delegates’ rights clause (s350C), expand the scope of representation and protections available to employees through their appointed delegates. A statement from Fair Work Australia setting
- [The Food Act in Queensland: Ensuring Food Safety](https://www.awbrisbanelawyers.com.au/the-food-act-in-queensland-ensuring-food-safety/) - The Food Act 2006 is the cornerstone of food safety regulation in Queensland. This legislation was enacted to ensure that food for sale is safe and suitable for human consumption. The Act is comprehensive, covering various aspects of food safety, from the licensing of food businesses to the enforcement of food safety standards. Scope and
- [Environmental Prosecutions](https://www.awbrisbanelawyers.com.au/environmental-prosecutions/) - Environmental Prosecutions in Queensland There are over 70 legislative Acts that are in place for the protection of the environment in both Queensland, and Australia. The primary Acts utilised for environmental crimes and offences are the Environmental Protection Act 1994 (Qld) (the EPA) and the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) (the EPBCA).
- [Partnership Dispute Lawyers Brisbane](https://www.awbrisbanelawyers.com.au/partnership-disputes/) - Partnership Gone Wrong in Brisbane? Our Dispute Resolution Lawyers can help navigate complex partnership issues. Contact Us Today.
- [Maritime Safety in Queensland](https://www.awbrisbanelawyers.com.au/maritime-safety-in-queensland/) - When operating a marine vessel in Queensland there are several requirements that must be followed. It is important to be aware of these requirements as there may are penalties associated with non-compliance. The purpose of this article is to provide insight for marine operators, owners and crew in Queensland. Overview The main piece of legislation
- [Workplace Health and Safety (WHS) Proceedings](https://www.awbrisbanelawyers.com.au/workplace-health-and-safety-whs-proceedings/) - In Queensland the “Work Health and Safety framework” contains a mix of legislation and “Codes of Practice”. The goal of the Framework is to provide safe work environments and practices across various industries. To achieve this goal, Work Health and Safety Queensland actively enforces the law. Under Queensland law, it is a criminal offence to
- [Professional Discipline for Legal Professionals in Queensland](https://www.awbrisbanelawyers.com.au/professional-discipline-for-legal-professionals-in-queensland/) - Aitken Whyte Lawyers successfully had a Defendant ordered to elect whether to call evidence before they could make a no case application. Call us for legal advice.
- [Defences To Assault Charges](https://www.awbrisbanelawyers.com.au/defences-to-assault-charges/) - Our criminal lawyers can assist you to defend against assault charges. We have successfully had clients acquitted at trial. Contact us for legal advice.
- [Assault Charges](https://www.awbrisbanelawyers.com.au/assault-law-bodily-harm-and-wounding/) - Legal representation for Common Assault, AOBH, Serious Assault, Torture & Wounding. Call for advice on penalties and what you can do to lessen your sentence.
- [Powers Of Attorney](https://www.awbrisbanelawyers.com.au/powers-of-attorney/) - Enduring & General Powers Of Attorney Powers of Attorney can be as important documents as Wills. Powers of Attorney allow a nominated person or persons to perform various functions on your behalf. Such functions could include dealing with your finances or health matters if you are incapacitated or simply making decisions on your behalf in
- [Should A Defendant Have to Elect Not to Give Evidence Before a No Case Application?](https://www.awbrisbanelawyers.com.au/should-a-defendant-have-to-elect-not-to-give-evidence-before-a-no-case-application/) - Aitken Whyte Lawyers successfully had a Defendant ordered to elect whether to call evidence before they could make a no case application. Call us for legal advice.
- [Remedies For Breach of Contract](https://www.awbrisbanelawyers.com.au/remedies-for-breach-of-contract/) - Following a breach of contract, the injured party may be able to claim damages or another remedy. Our litigation lawyers can act quickly to protect your rights.
- [Murder and Manslaughter](https://www.awbrisbanelawyers.com.au/murder-and-manslaughter/) - Murder and Manslaughter Chapter 28 of the Criminal Code (Qld) sets out the offences relating to Homicide. Unlawful Homicide is set out under section 300, which makes any person who unlawfully kills another guilty of a crime, which is either murder or manslaughter, according to the circumstances of the case. Section 291 and 293 set
- [Specific Performance](https://www.awbrisbanelawyers.com.au/specific-performance/) - Specific performance is an equitable remedy that can be awarded in cases of breach of contract. Our litigation lawyers can help you to achieve the best result.
- [Trespass](https://www.awbrisbanelawyers.com.au/trespass/) - Trespass Section 11 of the Summary Offences Act makes it an offence to trespass. Trespass occurs where a person unlawfully enters, or remains in a dwelling, the yard for a dwelling, a place used for business purposes or a place used as a yard for business purposes. The maximum penalty is 20 penalty units or
- [Stolen Property](https://www.awbrisbanelawyers.com.au/stolen-property/) - Stolen Property Unlawful possession of stolen property Section 16 of the Summary Offences act makes it an offence to unlawfully possess suspected stolen property. The key element of this provision is that the alleged perpetrator must reasonably suspect the property to have been stolen or unlawfully obtained. This clause is complementary to the more serious
- [Public Nuisance](https://www.awbrisbanelawyers.com.au/public-nuisance/) - Public Nuisance It is an offence under s6 of the Summary Offences Act to commit a public nuisance offence. The purpose of this offence is to ensure that members of the public can lawfully pass through and use public places without interference from acts of nuisance from others. A person can be found guilty of
- [Fail to stop – Evade police](https://www.awbrisbanelawyers.com.au/fail-to-stop-evade-police/) - Fail to stop – Evade police Section 754 of the Police Powers and Responsibilities Act 2000 (Qld) (“the Act”) makes it an offence for the driver of a motor vehicle to fail to stop that vehicle as soon as reasonably practicable upon receiving directions to stop from a police officer using a police service vehicle. The test
- [Youth Justice and Juvenile Crime](https://www.awbrisbanelawyers.com.au/youth-justice-and-juvenile-crime/) - Youth Justice and Juvenile Crime The criminal justice system is incredibly daunting to navigate through for adult defendants, let alone juvenile defendants. If your child is facing criminal charges and is going through the youth justice system and the Children’s Court, it is important that you understand the rights of children under Queensland law as
- [Lawyers For Business Disputes](https://www.awbrisbanelawyers.com.au/lawyers-for-business-disputes/) - Aitken Whyte Lawyers pair commercial litigation with an unrivalled knowledge of business and corporate law, to achieve results. Call us to resolve your dispute.
- [Joint Property Disputes](https://www.awbrisbanelawyers.com.au/joint-property/) - Co-Ownership Of Real Property Where there is co-ownership of real property the parties will hold the property as either: tenants in common; or joint tenants. Tenants In Common Co-owners who are tenants in common own individually specified shares of the property. These shares can be equal or unequal. Shares are usually proportionate to each party's
- [Shareholder Disputes](https://www.awbrisbanelawyers.com.au/shareholder-disputes-for-companies/) - There are several avenues open to shareholders of a company who find themselves in a dispute. Our civil and commercial litigation lawyers can assist.
- [Steps for Filing a Defence - What To Do If You've Been Served with A Claim](https://www.awbrisbanelawyers.com.au/what-to-do-if-youve-been-served-with-a-claim-steps-for-filing-a-defence/) - If you receive a Claim & Statement of Claim, you should act quickly & speak to a lawyer. Failing to respond appropriately can have financial ramifications.
- [Casual Employee Rights and Employment Contracts](https://www.awbrisbanelawyers.com.au/casual-employee-rights-and-employment-contracts/) - When is an employee truly a casual employee and how does that effect his or her rights? Terms of the employer - employee agreement As an employer, it is essential to be aware of your employee's rights, and therefore, your corresponding obligations. The relationship between an employee and employer may be governed by a written
- [Insurance Broker Liable for Failing to Ensure Full Coverage and Warn Client of Lack of Insurance](https://www.awbrisbanelawyers.com.au/insurance-broker-liable-for-failing-to-ensure-full-coverage-and-warn-client-of-lack-of-insurance/) - Insurance Broker Liable for Failing to Ensure Full Coverage and Warn Client of Lack of Insurance The case of Fine's Flowers Ltd v General Accident Assurance Co involved a claim against an insurance agent and broker who failed to obtain full insurance coverage for the plaintiff business, despite their specifications for him to do so. The plaintiff
- [Informal Wills - Solicitor’s Negligence in Advising on Will and the Succession Act](https://www.awbrisbanelawyers.com.au/informal-wills-solicitors-negligence-in-advising-on-will-and-the-succession-act/) - Informal Wills - Solicitor’s Negligence in Advising on Will and the Succession Act An informal will is a document that sets out the testator’s testamentary intentions however does not satisfy the formal requirements that are required under the legislation to create a formal will. In Queensland, the Succession Act 1981 (Qld) was amended in 2006 to recognise informal
- [Family Provision Claims - Succession Act - Factors Considered In Family Provision Claim Sham Marriage, Estranged Children and Dementia](https://www.awbrisbanelawyers.com.au/family-provision-claims-succession-act-factors-considered-in-family-provision-claim-sham-marriage-estranged-children-and-dementia/) - Family Provision Claims - Succession Act – Factors Considered In Family Provision Claim Sham Marriage, Estranged Children and Dementia In cases where a person dies and does not make adequate provision for a family member in their will, an eligible person is entitled to bring a family provision claim for further provision under section 41
- [QLD Drug Laws, Drug Offences](https://www.awbrisbanelawyers.com.au/drugs/) - Drug Offences Queensland At Aitken Whyte Lawyers, our team of criminal defence lawyers have experience acting in both minor and serious drug matters. Our team of solicitors approach all matters in a non-judgemental manner and have an understanding of how social pressures, upbringing, and addiction can affect people and lead them to be involved in
- [Breach of Confidence, Confidentiality Agreement](https://www.awbrisbanelawyers.com.au/confidentiality-agreement-breach-of-confidence-confidential-information-contract-brisbane-lawyers-solicitors/) - Disclosure of Confidential Information and employer’s protection Employment contract – confidentiality agreement In every contract of employment, a term restricting the use or disclosure of confidential information can be implied. There quite often will also be a written term in an employment contract or confidentiality agreement setting out such obligations. The protection of intellectual property
- [Application for Grant of Probate or Letters Of Administration](https://www.awbrisbanelawyers.com.au/grant-of-probate-and-letters-of-administration/) - Applying for a Grant of Probate or Letters of Administration Applying for a Grant of Probate or Letters of Administration to administer an estate can be a confusing and complicated process. There are a number of steps which must be undertaken in order to obtain a Grant of Probate or Letters of Administration. Probate or
- [Bringing An Application to Strike Out Pleadings](https://www.awbrisbanelawyers.com.au/bringing-an-application-to-strike-out-pleadings/) - Aitken Whyte Lawyers Brisbane can bring a strike out application to lead to a fast & favourable resolution to your civil litigation. Call us on 07 3229 4459.
- [Choking, Suffocation or Strangulation in a Domestic Setting](https://www.awbrisbanelawyers.com.au/choking-suffocation-or-strangulation-in-a-domestic-setting/) - Criminal Offences Associated With Domestic Violence In 2016 Queensland introduced new laws making non-lethal strangulation in a domestic setting a stand-alone offence under section 315A of the Criminal Code (Qld) which provides that: A person commits a crime if the person unlawfully chokes, suffocates or strangles another person, without the other person’s consent; and either the person
- [Costs In Family Provision Claims](https://www.awbrisbanelawyers.com.au/costs-in-family-provision-claims/) - Costs in family provision claims Section Part 4 of the Succession Act 1981 (Qld) allows for spouses, children or dependents to challenge the Will of a deceased person on the premise that insufficient provision has been made for their proper maintenance and support. A significant issue that has arisen as a result of such claims is the outcome
- [Contracts, Breaches, Damages and Penalties](https://www.awbrisbanelawyers.com.au/contracts-breaches-damages-and-penalties/) - Agreed Damages Clauses in Contracts The High Court decision in Andrews v Australia and New Zealand Banking Group Ltd (Andrews) has significantly increased the level of scrutiny over agreed damages clauses in contracts, particularly those which are non-negotiable. The cases following Andrews have made it clear that the mechanisms used to draft contracts need to be changed to ensure
- [Employee Handbook, Employee Manuals and Workplace Policies and Procedures - Drafting of Employee Handbooks](https://www.awbrisbanelawyers.com.au/employee-handbook-employee-manuals-and-workplace-policies-and-procedures-drafting-of-employee-handbooks/) - Importance of Having an Employee Handbook Purpose of Employee Handbooks Employee Handbooks are workplace manuals which outline how employees are to act in their positions and when engaging with other employees. Employee Handbooks will commonly set out workplace policies and procedures. Employee Handbooks should be separate to employee agreements and contracts for a number of
- [Family Provision Orders – Settlement Agreements](https://www.awbrisbanelawyers.com.au/family-provision-orders-settlement-agreements/) - Family Provision Orders – Settlement Agreements In situations where a deceased’s spouse, child or dependant does not believe that adequate provision has been made for them under a will, section 41 of the Succession Act grants the court the power to make orders for provision out of the estate, for the proper maintenance of that spouse, child
- [Pest Inspectors, Termite Damage, Professional Negligence, White Ant Reports and Building Reports](https://www.awbrisbanelawyers.com.au/pest-inspectors-termite-damage-professional-negligence-white-ant-reports-and-building-reports/) - Pest Inspectors, Termite Damage, Professional Negligence, White Ant Reports and Building Reports Most purchasers of real estate in Queensland engage a pest inspector and/or a builder to carry out an inspection of the property they are interested in purchasing before settlement and as part of the conveyancing process. Those engaged owe a duty of care
- [Suing Lawyers (Barristers or Solicitors) for Work Performed in Court](https://www.awbrisbanelawyers.com.au/suing-lawyers-barristers-or-solicitors-for-work-performed-in-court/) - Suing Lawyers (Barristers or Solicitors) for Work Performed in Court The Facts The case of Sims v Chong concerned an action by the Appellant against his former legal practitioner. The Appellant retained the Respondent as his legal practitioner in a claim for damages arising from the use of a number of patents, trademarks and strategies. The Original
- [Warning Statements, Cooling Off Period](https://www.awbrisbanelawyers.com.au/warning-statements-cooling-off-period-property-agents-and-motor-dealers-act/) - A costly dispute: Businessman failed to show he validly terminated an $8.5 million purchase contract for a Gold Coast Q1 penthouse. The Court of Appeal in Brisbane recently affirmed the decision of a Supreme Court judge that businessman Brian Fletcher had not been entitled to terminate a contract on the luxury Gold Coast Q1 apartment.
- [Possessing Various Property Or Things Relating To Drug Offences](https://www.awbrisbanelawyers.com.au/possessing-various-property-or-things-relating-to-drug-offences/) - Penalties for Possessing Various Property or Things Relating to Drug Offences Qld Sections 10 and 10A of the Drugs Misuse Act 1986 (Qld) (the Act) create the offences of possessing various items when the item is connected to a drug offence. The various offences each carry different penalties and considerations. Under section 10(1), it is an offence
- [Employment entitlements under the National Employment Standards](https://www.awbrisbanelawyers.com.au/employment-entitlements-under-the-national-employment-standards/) - Employment entitlements under the National Employment Standards The Fair Work Act National Employment Standards provide minimum employment standards which must be applied to all employees and employment contracts. These standards govern how employment law is applied to the relevant areas. The entitlements cannot be contracted out of an employment contract. The National Employment Standards 10 minimum standards:
- [Barristers Immune to Professional Negligence Actions by Solicitors](https://www.awbrisbanelawyers.com.au/barristers-immune-to-professional-negligence-actions-by-solicitors/) - Barristers Immune to Professional Negligence Actions by Solicitors The civil and commercial litigation of Keefe v Marks was an appeal of the decision of a District Court Judge who struck out a claim by a solicitor / law firm, against a barrister for professional negligence and breach of duty. The question to be determined by the court
- [Applying to Make an Individual Bankrupt](https://www.awbrisbanelawyers.com.au/applying-to-make-an-individual-bankrupt/) - Applying To Make An Individual Bankrupt – A Practical Overview For Failure To Comply With A Bankruptcy Notice It is possible through the bankruptcy process for a person or company who have an outstanding debt owed to them by an individual (as opposed to a company) to ask the Federal Magistrates Court or Federal Court
- [Disputes Between Directors of a Company](https://www.awbrisbanelawyers.com.au/disputes-between-directors-of-a-company/) - Disputes between company directors need to be resolved efficiently to protect the company's viability and profitability. Contact a civil litigation lawyer for legal advice.
- [Extortion](https://www.awbrisbanelawyers.com.au/extortion/) - Contact us if you have been charged with extortion. We can consider whether there was reasonable cause for the demand made. We offer expert representation.
- [Resolving Lease Disputes](https://www.awbrisbanelawyers.com.au/commercial-and-retail-lease-disputes/) - Our civil & commercial litigation & dispute resolution lawyers can help you to resolve your commercial or retail shop lease dispute. Call us for expert advice.
- [Lodging A Caveat Over Property in Queensland](https://www.awbrisbanelawyers.com.au/lodging-a-caveat-over-property-in-queensland/) - What is a Caveat? A Caveat can serve to protect your interest in real property. Our civil litigation lawyers can assist you to lodge a Caveat or commence proceedings.
- [Supreme Court Bail Applications](https://www.awbrisbanelawyers.com.au/supreme-court-bail-applications/) - Contact us for urgent bail applications before the Supreme Court. Including if you are in a show-cause position. We can assist to have your loved one released.
- [Domestic Violence Orders, Weapons Licences, & Use of Weapons for Work](https://www.awbrisbanelawyers.com.au/domestic-violence-orders-and-weapons-licences/) - If you require a weapon for your employment and are the Respondent to a Domestic Violence Order, whether you can continue to use that weapon can be complicated.
- [Offences Against Children and Minors](https://www.awbrisbanelawyers.com.au/offences-against-children-and-minors-use-of-a-carriage-service-for-child-abuse-material-using-a-carriage-service-to-groom-persons-under-16-years-of-age/) - Contact us about Commonwealth offences related to CEM, such as using a carriage service for child abuse material or to groom persons under 16.
- [Insolvent Trading](https://www.awbrisbanelawyers.com.au/insolvent-trading/) - Aitken Whyte Lawyers can act for all parties in relation to matters of insolvent trading. This includes company directors, members, shareholders, and creditors.
- [Casual Conversion](https://www.awbrisbanelawyers.com.au/casual-conversion/) - Casual employees are entitled to access pathways to permanent employment under the National Employment Standards. Understand your obligations and entitlements.
- [Indecent Treatment of Children Under 16](https://www.awbrisbanelawyers.com.au/indecent-treatment-of-children-under-16/) - If the police have charged you with Indecent Treatment of a Child, contact a Criminal Lawyer. Aitken Whyte Lawyers Brisbane offers experienced legal advice.
- [Child Protection Offender Register](https://www.awbrisbanelawyers.com.au/child-protection-offender-register/) - Some sexual offences against children make a person a "reportable offender". Our criminal lawyers can represent you for breach of your reporting obligations.
- [Possession Of Child Exploitation Material - Queensland](https://www.awbrisbanelawyers.com.au/possession-of-child-exploitation-material-queensland/) - Call Aitken Whyte Lawyers for representation for Possession of Child Exploitation Material. Need legal advice? Our Brisbane criminal lawyers will fight for you.
- [Making Child Exploitation Material](https://www.awbrisbanelawyers.com.au/making-child-exploitation-material/) - CEM offences in QLD carry serious penalties. Our experienced criminal lawyers can prepare your case and advocate for you at sentence or defend you at trial.
- [Grooming & Using the Internet to Procure a Child – Queensland State Offences](https://www.awbrisbanelawyers.com.au/grooming-and-using-the-internet-to-procure-a-child-queensland-state-offences/) - QLD has designated offences to address conduct that leads to or facilitates child exploitation. Aitken Whyte Lawyers Brisbane can provide expert representation.
- [Creditor’s Statutory Demand for payment of debt – Winding Up – Strict compliance with form required](https://www.awbrisbanelawyers.com.au/creditors-statutory-demand-for-payment-of-debt-winding-up-strict-compliance-with-form-required/) - Creditor’s Statutory Demand for payment of debt – Winding Up – Strict compliance with form required Failure to comply with a statutory demand is commonly used as the basis for an application to wind up an insolvent company. A statutory demand requires the prescribed Form 509H to be used. The compliance with the form was
- [Determining Solvency of a Company - Cash Flow Assessment Confirmed as the Most Appropriate Method](https://www.awbrisbanelawyers.com.au/determining-solvency-of-company-cash-flow-assessment-wound-up-in-insolvency-corporations-act/) - Determining Solvency Of A Company - Cash Flow Assessment Confirmed As The Most Appropriate Method The recent case of Emanouel v Cube Footwear Pty Ltd in the Supreme Court of Queensland, concerned the application for winding up of a company which on the surface appeared solvent but whose liabilities far exceeded its total assets. The question for
- [Strike Out Applications](https://www.awbrisbanelawyers.com.au/application-to-strike-out-proceedings/) - Avoid Having Your Proceeding or Pleadings Struck Out In litigation, “pleadings” include Court documents such as a: Statement of Claim;Defence and Counterclaim;Reply; orAnswer. These documents can be difficult to get right, especially for self-represented litigants. This article discusses: why pleadings or a proceeding may be struck out;the consequences; andhow to avoid a strike out application.
- [Rapes and Sexual Offences](https://www.awbrisbanelawyers.com.au/rapes-and-sexual-offences/) - Rapes and Sexual Offences Chapter 32 outlines the offence of Rape and Sexual Assaults. A common feature of these offences is consent, where if consent is given there is no offence. Consent means consent freely and voluntarily given by a person with the cognitive capacity to give the consent. However consent is not freely or
- [Domestic Violence & Written Parenting Arrangements](https://www.awbrisbanelawyers.com.au/domestic-violence-and-written-parenting-arrangements/) - Domestic Violence and Parenting Plan, Consent Orders and Parenting Orders If an aggrieved and a respondent to an application for a domestic violence order have children, it may be worth considering putting formal parenting arrangements in place.Parenting arrangements can cover things like where the children live, who they spend time with and communicate with, childcare
- [Constructive Trusts](https://www.awbrisbanelawyers.com.au/litigation-lawyers-brisbane-constructive-trusts/) - A Court may award a constructive trust as a remedy if a person has gained a benefit at the cost of another. We have experience in trust disputes.
- [Company Wound Up In Insolvency Under Corporations Act](https://www.awbrisbanelawyers.com.au/company-wound-up-in-insolvency-under-corporations-act/) - Company wound up in insolvency under Corporations Act Robert Aitken recently successfully acted for the applicant in Supreme Court proceedings of Advanced Green Technologies Inc v Sky Shades Australia Pty Ltd. The applicant, based in Florida, USA, was owed some substantial amounts of money by the respondent company. The applicant served a statutory demand under the
- [Creditors Statutory Demand for Payment of a Debt – Form 509h Statutory Demands](https://www.awbrisbanelawyers.com.au/statutory-demands-creditors-statutory-demand-for-payment-of-a-debt/) - What is a Creditors Statutory Demand for payment of a debt? If you have a debtor or money owed to you by a company, issuing a statutory demand can be a very effective means of recovering those monies if there is no genuine dispute about the debt. A form 509h creditors statutory demand for payment
- [Trafficking In Dangerous Drugs](https://www.awbrisbanelawyers.com.au/trafficking-in-dangerous-drugs/) - Trafficking in Dangerous Drugs Qld Under section 5 of the Drugs Misuse Act 1986 (Qld) (the Act) it is an offence for anyone to carry on the business of unlawfully trafficking dangerous drugs. The Act does not provide a definition for “trafficking” but it has been considered extensively by the Courts. “Trafficking” has been considered to include
- [Producing Dangerous Drugs](https://www.awbrisbanelawyers.com.au/producing-dangerous-drugs/) - Production of Dangerous Drug Charges Qld Under section 8 of the Drugs Misuse Act 1986 (Qld) (the Act) it is an offence for a person to unlawfully produce dangerous drugs. Section 4 of the Act defines “produce” to mean the following: Prepare, manufacture, cultivate, package or produce;Offering to do any act specified in paragraph (a);Doing or offering
- [Claim Against Lawyers for Expired Limitation Period](https://www.awbrisbanelawyers.com.au/claim-against-lawyers-for-expired-limitation-period/) - Professional Negligence - Claim Against Lawyers for Expired Limitation Period Aitken Wilson Lawyers were successful in acting for the Plaintiff in the recent case of Horne v Gilshenan & Luton [2010] QDC 491. This litigation involving lawyers’ professional negligence, highlights the importance of solicitors vigilance in acting in the best interests of their clients and ensuring all
- [Proposed Changes to the Building and Construction Industry Payments Act (BCIPA) for Subcontractors](https://www.awbrisbanelawyers.com.au/proposed-changes-to-the-building-and-construction-industry-payments-act-bcipa-for-subcontractors/) - Paying subcontractors - changes to legislation could provide greater protection to subcontractors The proposed changes to the Building and Construction Industry Payments Act 2004 (BCIPA) could mean a substantial shift in terms of how subcontractors are paid under certain construction contracts and affect subcontractors' rights. Should all proposed changes be eventually implemented, the result could
- [Caveat Removal Proceedings](https://www.awbrisbanelawyers.com.au/caveat-removal-proceedings/) - Real Experience - Court Orders Removal of Caveat Aitken Whyte Lawyers have significant experience in property disputes and the removal of caveats. The following article is an example of where we successfully represented a Defendant on an application in the District Court of Queensland to remove a caveat lodged on the title on their property. Prior
- [Applying For Summary Judgment as a Plaintiff – An Article by Duncan Marckwald - Barrister](https://www.awbrisbanelawyers.com.au/applying-for-summary-judgment-as-a-plaintiff/) - Forward Duncan Marckwald is a commercial barrister who works with Aitken Whyte Lawyers' litigation and dispute resolution team. Most recently, in conjunction with Mr Marckwald, we successfully obtained Summary Judgment for our client. Following the application, our client was awarded Judgment against the defendants in the court proceedings, being a company and its director. This resolved our client’s
- [Applying for Summary Judgment as A Defendant](https://www.awbrisbanelawyers.com.au/litigation-lawyers-brisbane-solicitors-applying-for-summary-judgment-as-a-defendant/) - A Defendant can apply for Summary Judgment to resolve a matter without going to trial. Aitken Whyte Lawyers can assist Defendants to apply for Judgment.
- [Will the Application for a Domestic Violence Order be Granted?](https://www.awbrisbanelawyers.com.au/will-the-application-for-a-domestic-violence-order-be-granted/) - Circumstances the Courts consider for a Domestic Violence Order (DVO) A Magistrate can make a domestic violence order if satisfied that: The aggrieved and respondent are in a relevant relationship; andThe respondent has committed domestic violence against the aggrieved; andThe order is necessary or desirable to protect the aggrieved (and any named persons) from domestic violence. Unless
- [Who Will a Domestic Violence Order Affect?](https://www.awbrisbanelawyers.com.au/who-will-a-domestic-violence-order-affect/) - DVO Aggrieved and Respondent A person applying for a domestic violence order is known as the “aggrieved”. People other than the aggrieved can also be named on the order as a person protected by the conditions of the order. These people can include: Children of the aggrieved;Relatives of the aggrieved; and/orAssociates of the aggrieved. The
- [What is Domestic Violence in Australia?](https://www.awbrisbanelawyers.com.au/what-is-domestic-violence-in-australia/) - What Constitutes Domestic Violence? Domestic violence is defined in the Domestic and Family Violence Protection Act 2012 (“the Act”) as behaviour by a person towards another person with whom the first person is in a relevant relationship that: Is physically or sexually abusive; orIs emotionally or psychologically abusive; orIs economically abusive; orIs threatening; orIs coercive;
- [Who Can Apply for a Domestic Violence Order?](https://www.awbrisbanelawyers.com.au/who-can-apply-for-a-domestic-violence-order/) - Domestic Violence Order Application Applications for domestic violence orders can be made by: A person who alleges that domestic violence has been committed against them;An authorised person on such a person’s behalf; orA police officer. A police officer can apply for a domestic violence order even if both parties do not want such an order
- [Temporary Protection Orders](https://www.awbrisbanelawyers.com.au/temporary-protection-orders/) - Temporary Protection Orders Qld - TPO A temporary protection order (TPO) is an order made in the period before a Court decides whether to make a domestic violence order. TPO’s are normally imposed at the first mention of an application for a domestic violence order and stay in force until the hearing date. If you
- [Responding to an Application for a Domestic Violence Order](https://www.awbrisbanelawyers.com.au/responding-to-an-application-for-a-domestic-violence-order/) - Responding to a DVO Qld When an application for a domestic violence order is made, the respondent to the application has three (3) options: Consent to the Order being made in its entiretyIf the respondent advises the Court that the making of the order is accepted, the Magistrate is able to make the order in
- [Domestic Violence Orders & Family Court Orders](https://www.awbrisbanelawyers.com.au/domestic-violence-orders-and-family-court-orders/) - Family Court Orders If Family Court Orders are in place between an aggrieved and a respondent, a domestic violence order generally should not be inconsistent with such an order. However, the Magistrate has a power when making a domestic violence order under the Family Law Act 1975 to revive, vary, discharge or suspend the Family Court Order
- [Domestic Violence Order Conditions](https://www.awbrisbanelawyers.com.au/domestic-violence-order-conditions/) - What Conditions Will A Domestic Violence Order Impose? Domestic Violence Orders contain conditions that place limitations: on a Respondent's behaviours and actions; andthe nature of their contact with an Aggrieved. It Is A Criminal Offence to Breach A Condition on A Domestic Violence Order These conditions are an Order of the Court which the Respondent
- [Application to Vary a Domestic Violence Order](https://www.awbrisbanelawyers.com.au/application-to-vary-a-domestic-violence-order/) - Variation to a Domestic Violence Order If circumstances change after a domestic violence order is made, either party can apply to a Magistrates Court to vary the conditions of the order. The Queensland Court’s website has information available on applying to vary the conditions of domestic violence orders and also offers the option to lodge
- [Possessing Dangerous Drugs](https://www.awbrisbanelawyers.com.au/possessing-dangerous-drugs/) - Penalties for Drug Possession Qld Under section 9 of the Drugs Misuse Act 1986 (Qld) it is an offence for a person to be in possession of a dangerous drug. The maximum penalty depends on the type of drugs, quantity of drugs, and whether the person was drug dependant, and ranges from 15 to 25 years imprisonment.
- [Termination of a Lease - Forfeiture & Re-Entry of a Lease](https://www.awbrisbanelawyers.com.au/termination-of-lease-commercial-lease-retail-shop-lease-notice-forteiture-re-entry-brisbane-lawyers-solicitors/) - Termination of a Commercial Lease and Retail Shop Lease The Property Law Act 1974 (Qld) prescribes when a Lessor (Landlord) can exercise their right of re-entry or forfeiture of a lease and how to provide notice of termination of a lease. This applies to all leases including both termination of commercial leases and retail shop leases. If
- [Option to Renew a Commercial or Retail Lease](https://www.awbrisbanelawyers.com.au/option-to-renew-a-commercial-or-retail-lease/) - Options to Renew Leases – What are they? An ‘option to renew’ a lease refers to a right included in a commercial lease or retail shop lease which allows the current tenant an opportunity to call on a further or extended lease period. Where an option to renew is exercised a new tenancy will be
- [Notice to Remedy Breach of Covenant](https://www.awbrisbanelawyers.com.au/notice-to-remedy-breach-of-covenant/) - Commerical and Retail Shop Leases - Notice to Remedy Breach of Covenant Most leases provide the Lessor (Landlord) the right to seek the early termination of a lease due to a breach of covenant or breach of an essential term by the Lessee (tenant). The covenants of a lease vary from lease to lease in
- [Lease Agreement](https://www.awbrisbanelawyers.com.au/lease-agreement/) - Commercial Lease Agreement, Retail Shop Lease Agreement A lease agreement is a contract between a lessee (or tenant) and a lessor (or landlord). Under a lease, the lessee is entitled to exclusive possession of the property being leased. Exclusive possession allows the lessee to exclude strangers and the lessor from the property. Leases are generally
- [Work Functions – Employer and Employee Responsibilities](https://www.awbrisbanelawyers.com.au/work-functions-employer-and-employee-responsibilities/) - Responsibilities of the Employee and Employer When Serving Alcohol at Work Events Drawing to the end of the year it is a familiar practice for employers to facilitate celebratory functions for the benefit of employees. Work functions, although enjoyable, should be entered into with caution both on the part of the employee and employer. Employer’s
- [Trade secrets and restraint of trade clauses](https://www.awbrisbanelawyers.com.au/trade-secrets-and-restraint-of-trade-clauses/) - Trade secrets and restraint of trade clauses Quite often an employment contract will contain restraint of trade clauses designed to stop an ex-employee setting up a business or working for a competitor in competition with the previous employer. If there is no valid restraint of trade clause in an employment contract, there generally is nothing
- [Sexual Harassment in the Workplace](https://www.awbrisbanelawyers.com.au/sexual-harassment-in-the-workplace/) - Employment Law Advice and Labour Law - Sexual Harassment in employment The Full Court of the Federal Court of Australia recently handed down the decision of Richardson v Oracle Corporation Aust Pty Ltd. The case concerned a dramatic increase in damages for a sexual harassment claim in the workplace. The decision highlights the potential for employers
- [Restrictive Covenants: Restraints of trade clauses](https://www.awbrisbanelawyers.com.au/restrictive-covenants-restraints-of-trade-clauses/) - What interests do restraints protect in Employment contracts? Restraint of trade clauses are generally used to safe guard staff relationships formed between employers and employees about customers and to protect confidential information. They are common provisions in employment contracts. They need to be drafted carefully though as otherwise they may not be enforceable. It is
- [Redundancy](https://www.awbrisbanelawyers.com.au/redundancy-genuine-redundancy/) - Genuine Redundancy An employee will not be entitled to bring an unfair dismissal application in the Fair Work Commission where the dismissal is a case of genuine redundancy. A dismissal on the basis of genuine redundancy will occur when: the employer no longer requires the employee’s job/position to be performed by anyone because of a
- [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](https://www.awbrisbanelawyers.com.au/its-a-foreign-world-navigating-through-the-fair-work-process-the-fair-work-commission-process-a-brief-how-to-for-an-employer-or-an-employee/) - The Fair Work Commission process: a brief 'how to' for an employer or an employee Introduction When things go wrong in an employment relationship and the employment contract is terminated, it can be difficult to understand the employment law which may be applicable. It is important to understand the relevant process. Our solicitors set out
- [General Protections Claims](https://www.awbrisbanelawyers.com.au/general-protections-claims/) - General Protections Claims The Fair Work Act 2009 (Cth) (FWA) provides protection for employees who have a workplace right, exercise their workplace rights or proposes to exercise their rights and prevents an employer from taking adverse action against the employee. Workplace Rights A work place right has a broad definition. A person has a workplace right
- [Successful Recovery of Funds for Plaintiff](https://www.awbrisbanelawyers.com.au/successful-recovery-of-funds-for-plaintiff/) - Debt recovery - we successfully recovered money lent for a property development, plus costs and interest, from a company and its directors.
- [Misleading and Deceptive Conduct Under the Australian Consumer Law](https://www.awbrisbanelawyers.com.au/misleading-and-deceptive-conduct-under-the-australian-consumer-law/) - Misleading and Deceptive Conduct Under s18 of Australian Consumer Law (ACL) a person must not, in trade or commerce, engage in conduct that is: misleading; orlikely to mislead or deceive. This section focuses upon conduct rather than representations that a person may make. What Is Misleading and Deceptive Conduct? The law defines conduct as doing
- [Police Powers](https://www.awbrisbanelawyers.com.au/police-powers/) - Police Powers Police Powers of Arrest The Police Powers and Responsibilities Act 2000 outlines the powers that police have to make an arrest. Arrest without warrant It is lawful for a police officer to arrest an adult without a warrant, for questioning the person about the offence, or investigating the offence, if they reasonable suspect the adult
- [Lessee’s Liability for Unauthorised Alterations to Leased Premises](https://www.awbrisbanelawyers.com.au/lessees-liability-for-unauthorised-alterations-to-leased-premises/) - Lessee’s Liability for Unauthorised Alterations to Leased Premises The High Court decision of Tabcorp Holdings Ltd v Bowen Investments Pty Ltd has clarified that Lessee's will face liability for alterations to leased premises without the Lessor's consent Facts Tabcorp Holdings Ltd (Tabcorp) was the lessee in an office building owned and leased by Bowen Investments Pty Ltd
- [Letter of Demand - Example](https://www.awbrisbanelawyers.com.au/letter-of-demand-example/) - Letter of Demand - Example Dear DEBT OWED TO You are indebted to us in the amount of for unpaid tax invoices dated and in relation to rendered to you by us. We demand that you repay the
- [Criminal Code](https://www.awbrisbanelawyers.com.au/criminal-code/) - Criminal Code The criminal code is legislation in QLD that sets out the general principles of criminal responsibility. A criminal offence is a ‘legal wrong that can be followed by criminal proceedings and may result in punishment’ (Williams G, Textbook of Criminal Law (2nd ed, Stevens & Sons, 1983) p 27). The main difference between crimes
- [Powers of the Lessor Under s 107 Property Law Act 1974 (Qld) to Enter Premises](https://www.awbrisbanelawyers.com.au/powers-of-the-lessor-under-s107-property-law-act-1974-qld-to-enter-premises/) - Powers of the lessor under s 107 Property Law Act 1974 (Qld) to enter premises Under s 107 of the Property Law Act 1974 (Qld), a lessor has powers to enter and view the property, enter and repair the property, enter and carry out requirements of public authority and repair under the lease and to re-enter and take possession
- [Liquidation](https://www.awbrisbanelawyers.com.au/liquidation/) - Liquidation Liquidation is the process of winding up of a company and involves the redistribution of the company’s assets and property. Liquidation may occur where a company becomes insolvent, or where the company’s members look to bring the company to an end and have it struck off the company register. Appropriate investigations and distributions to
- [Recovering part of a debt owed by a company](https://www.awbrisbanelawyers.com.au/recovering-part-of-a-debt/) - Recovering part of a debt owed by a company Summary In circumstances where only part of a debt is in dispute (and therefore a creditor is unable to swear in a supporting affidavit that the whole debt is due and payable), two recent cases have ruled that a statutory demand made for the payment of
- [Insurance Broker Liable in Excess of $2 Million for Professional Negligence](https://www.awbrisbanelawyers.com.au/insurance-broker-liable-in-excess-of-2-million-for-professional-negligence/) - Insurance Broker Liable in Excess of $2 Million for Professional Negligence The recent Supreme Court decision in Strategic Property Holdings No. 3 Pty Ltd v Austbrokers RWA Pty Ltd, found an insurance broker liable for more than $2,000,000 in damages, in a professional negligence/breach of contract claim brought by a client after the broker failed to
- [Double Jeopardy](https://www.awbrisbanelawyers.com.au/double-jeopardy/) - Double Jeopardy S17 of the criminal code provides a defence from criminal responsibility, commonly known as double jeopardy. It is a defence to a charge of any offence if the accused person can show that where the person has previously been convicted or acquitted on indictment that: They could have been convicted on that indictment
- [Accountancy and Financial Advice - Professional Negligence](https://www.awbrisbanelawyers.com.au/accountancy-and-financial-advice-professional-negligence/) - Professional Negligence - Accountancy & Financial Advice We recently acted for clients who had suffered significant financial harm due to the professional negligence of their accountants and financial advisors (“financial advisors”). The matter involved advice given to our clients in relation to investments in various financial products including agricultural investments which were clearly not suited
- [Woodcroft-Brown v Timbercorp Securities Ltd & Ors](https://www.awbrisbanelawyers.com.au/woodcroft-brown-v-timbercorp-securities-ltd-and-ors/) - Disclosure Obligations for Product Disclosure Statements: Supreme Court Finds for the Defendants in Woodcroft-Brown v Timbercorp Securities Ltd & Ors Summary In a landmark decision on 1 September 2011, the Victorian Supreme Court dismissed a class action by Timbercorp investors. Justice Judd’s decision in Woodcroft-Brown v Timbercorp Securities Ltd & Ors [2011] VSC 427, clarifies the disclosure
- [Proceedings Dismissed for Delay](https://www.awbrisbanelawyers.com.au/proceedings-dismissed-for-delay/) - Proceedings Dismissed For Delay In the recent case of Uzsoki v McArthur [2011] QDC 60, Andrews SC DCJ dismissed the proceedings due to the failure of the plaintiff’s solicitors to take appropriate steps within an appropriate timeframe under the Uniform Civil Procedure Rules. The civil litigation involved a claim for damages for psychological injury allegedly sustained as
- [Stealing](https://www.awbrisbanelawyers.com.au/stealing/) - Stealing Stealing is defined in s391 of the Criminal Code (Qld). Stealing can be defined in terms of either fraudulent stealing or fraudulent conversion. Fraudulent stealing takes place where a person takes anything capable of being stolen. Fraudulent conversion takes place where the person fraudulently converts to their own use or the use of another
- [Unfair Dismissal Over Facebook Content](https://www.awbrisbanelawyers.com.au/unfair-dismissal-over-facebook-content/) - Unfair Dismissal Over Facebook Content A recent case ruling in favour of an employee who was unfairly dismissed from his employment, has highlighted some issues regarding social media conduct by employees and the management of such conduct by employers. In Stutsel v Linfox Australia Pty Ltd Mr Stutsel had been employed as a truck driver for
- [Misleading and Deceptive Conduct in Property Transactions and Sales of Real Estate](https://www.awbrisbanelawyers.com.au/misleading-and-deceptive-conduct-in-property-transactions-and-sales-of-real-estate/) - Misleading and deceptive conduct in property transactions and sales of real estate A real estate agent or seller’s misleading and deceptive conduct may allow buyer to terminate contract. Decisions in the Supreme Court on alleged misrepresentations by sellers and their agents have impacted the current litigation and property landscape. Nifsan Developments In Nifsan Developments Pty Ltd v
- [Family Provision Claims – Courts Will Amend Wills Only to the Extent Necessary and No Further](https://www.awbrisbanelawyers.com.au/family-provision-claims-courts-will-amend-wills-only-to-the-extent-necessary-and-no-further/) - Family Provision Claims – Courts Will Amend Wills Only to the Extent Necessary and No Further Legislation across all Australian jurisdictions allows for eligible persons to make a claim for further provision out of the will of a related person when adequate provision has not been made. In Queensland the relevant legislation is Part 4
- [What are “Dangerous Drugs”?](https://www.awbrisbanelawyers.com.au/what-are-dangerous-drugs/) - Drugs Considered “Dangerous” under Queensland Law The Drugs Misuse Act 1986 (Qld) defines “dangerous drug” to include those listed in Schedule 1 or 2 of the Drugs Misuse Regulation 1987 (Qld). These two schedules are exhaustive lists confirming which drugs are considered “dangerous” under Queensland law. Schedule 1 includes drugs that are considered the most serious or harmful and
- [Bankruptcy and the Family Home](https://www.awbrisbanelawyers.com.au/bankruptcy-and-the-family-home/) - Bankruptcy And The Family Home Under the Bankruptcy Act, the family home is not listed as a protected asset. Therefore the trustee of a bankrupt party is under an obligation to realise the property after paying out mortgage and selling costs. However it is important for the trustee to manage this process tactfully as the loss
- [Fraud](https://www.awbrisbanelawyers.com.au/fraud/) - Fraud Fraud is a crime under s408C where the sole basis of criminality comes from the proof of dishonesty. The crime of fraud overlaps with the crime of stealing where people can be found guilty of both with similar fact situations. S408C makes it a crime for any person who dishonestly: Applies to their own
- [Accountants Held Liable for Breach of Duty to Previous Shareholders of Company](https://www.awbrisbanelawyers.com.au/accountants-held-liable-for-breach-of-duty-to-previous-shareholders-of-company/) - Accountants Held Liable for Breach of Duty to Previous Shareholders of Company – Professional Negligence The case of Boyd v Ackley involved a claim against accountants for professional negligence. The plaintiffs in the case were a husband and wife who owned all of the shares in a company. They had a history with the defendant accountants, being
- [Bankruptcy Notices - Bankruptcy Qld](https://www.awbrisbanelawyers.com.au/bankruptcy-notices-bankruptcy-qld/) - Bankruptcy Notices A Bankruptcy Notice is a document issued by the Official Receiver at the request of a creditor that has a final judgment or order for payment of money against a debtor. It requires the debtor to pay or secure to the creditor the amount claimed in the notice within the specified period of time,
- [Disclosure of Legal Professional Privilege In Professional Negligence Claim Against Lawyers](https://www.awbrisbanelawyers.com.au/disclosure-of-legal-professional-privilege-in-professional-negligence-claim-against-lawyers/) - Disclosure of Legal Professional Privilege in Professional Negligence Claim Against Lawyers The case of Lillicrap v Nalder & Son involved proceedings by clients claiming damages in court against their law firm for professional negligence and breach of duty. The Lillicrap's were property developers who were suing their law firm in this civil litigation for failing to inform
- [Basic Legal Contractual Concepts - Everyday Occurrences](https://www.awbrisbanelawyers.com.au/basic-legal-contractual-concepts-everyday-occurrences/) - Basic Legal Contractual Concepts - Everyday Occurrences The following is not meant to be a law lecture, but provides an overview of how some important parts of contracts can affect everyday life. That could be for example involving the purchase of a house, the lease of a property, hiring business equipment and giving guarantees or
- [Green Leases - Building Energy Efficiency Disclosure Act 2010](https://www.awbrisbanelawyers.com.au/green-leases/) - Green Leases - Building Energy Efficiency Disclosure Act 2010 This act was introduced in June 2010 to reduce carbon emissions and improve energy efficiency in commercial buildings by promoting the disclosure of information about their energy efficiency. It has implications for owners and tenants of commercial office buildings who offer to sell or lease, and
- [Dissolution of Partnerships](https://www.awbrisbanelawyers.com.au/dissolution-of-partnerships/) - Dissolution Of Partnerships The dissolution of an existing partnership can be effected in many ways. In the absence of other arrangements, the dissolution of a partnership should be followed by a winding up and final settlement of accounts. However, many partnership agreements contain provisions to enable the transition without a formal winding up. A partnership
- [Disclosure Statement by the Lessor](https://www.awbrisbanelawyers.com.au/disclosure-statement-by-the-lessor/) - Disclosure Statement by the Lessor Lessor Disclosure Statement Requirement under s 22 Retail Shop Leases Act 1994 (Qld) (RSLA) Under s 22(1) of the RSLA the landlord/lessor is required to provide the tenant/lessee with a draft lease and disclosure statement containing the particulars prescribed by legislation. These documents must be given at least 7 days
- [Rights of Apartment Owners for Economic Loss from Latent Building Defects](https://www.awbrisbanelawyers.com.au/rights-of-apartment-owners-for-economic-loss-from-latent-building-defects/) - Rights of Apartment Owners for Economic Loss from Latent Building Defects The Facts The decision of Brookfield Multiplex v Owners Corporation Strata Plan 61288 & Anor (‘Brookfield’) involved a long-running dispute regarding latent building defects in the common property in a set of apartments in Chatswood in Sydney. The dispute arose between the appellant who was the
- [Set Aside Bankruptcy Notices](https://www.awbrisbanelawyers.com.au/set-aside-bankruptcy-notices/) - How to set aside Bankruptcy Notices A bankruptcy notice can be set aside for various reasons but including if the notice misstates the amount of the debt. The Federal Circuit Court requires strict compliance with the Bankruptcy Act because it sets in trail the process for a person leading to bankruptcy. If it is defective
- [Misleading and Deceptive Conduct in Advertising](https://www.awbrisbanelawyers.com.au/misleading-and-deceptive-conduct-in-advertising/) - Misleading and Deceptive Conduct under the Australian Consumer Law (ACL) in Advertising Have you wondered how businesses can get away with making statements or claims about their products that seem unrealistic? You may have even bought a product based on what was in some advertising about the characteristics of a product. Most of the time, those
- [Supplying Dangerous Drugs](https://www.awbrisbanelawyers.com.au/supplying-dangerous-drugs/) - Supplying Dangerous Drugs Qld Under section 6 of the Drugs Misuse Act 1986 (Qld) (the Act) it is an offence to supply a dangerous drug to another. Section 4 of the Act defines “supply” to mean the following: Give, distribute, sell, administer, transport or supply;Offering to do any act specified in (a);Doing or offering to do any
- [Enforcing Money Orders from QCAT](https://www.awbrisbanelawyers.com.au/enforcing-money-orders-from-qcat/) - Enforcing Money Orders from QCAT Decisions handed down by the Queensland Civil and Administrative Tribunal (QCAT) are enforceable and must be complied with. The Tribunal however, is not responsible for enforcing the decision. The party responsible for taking steps to enforce the decision is the party whose favour the decision has been made in. In
- [Discharge Of Insurers' Obligations](https://www.awbrisbanelawyers.com.au/discharge-of-insurers-obligations/) - Discharge Of Insurers' Obligations Effective exercise and discharge of an insurer’s payment obligations A recent decision of the Queensland Supreme Court in Cape York Airlines Pty Ltd v QBE Insurance (Australia) Ltd [2010] QSC 313 has confirmed that in a situation where insurers are responding to claims where they have several options of settlement they
- [Centrelink Fraud](https://www.awbrisbanelawyers.com.au/centrelink-fraud/) - Centrelink Fraud Centrelink Fraud- 135.2 Commonwealth Criminal Code Section 135.2 of the Commonwealth Criminal Code makes it an offence for a person to obtain financial advantage, for themselves or for another person, which they are not eligible to receive, from a Commonwealth entity. To be found guilty of this offence it is necessary for the
- [Appealing a QCAT Decision](https://www.awbrisbanelawyers.com.au/appealing-a-qcat-decision/) - Appealing a QCAT Decision Decisions handed down by the Queensland Civil and Administrative Tribunal (QCAT) are only able to be appealed in certain circumstances. There are particular decisions that cannot be appealed against, these include: Decisions to accept or reject an application made by the Principal Registrar or a delegateA direction to accept or reject an
- [Removal of Trustee](https://www.awbrisbanelawyers.com.au/removal-of-trustee/) - Removal of Trustee Failure to perform duty and ordered to pay beneficiaries Robert Aitken successfully acted for the plaintiff in the Queensland Supreme Court case of Wallerstein v Bedington [2012] QSC 71. In this civil litigation involving disputes around a trust created under a Will, the court found in favour of three beneficiaries under a Will after
- [Lawyers Sued for Failing to Warn of Possibility of Nil Recovery](https://www.awbrisbanelawyers.com.au/lawyers-sued-for-failing-to-warn-of-possibility-of-nil-recovery/) - Lawyers Sued for Failing to Warn of Possibility of Nil Recovery Professional Negligence – Breach of Contract of Solicitors In the case of Hyland v Campbell, clients of a law firm successfully sued their solicitors for losses incurred when the lawyers failed to warn them of the very real possibility of nil recovery in their claim,
- [Offences Against Morality](https://www.awbrisbanelawyers.com.au/offences-against-morality/) - Offences Against Morality Chapter 22- Offences Against Morality The offences in Chapter 22 of the Criminal Code designed to protect public morality. The focus on the offence is on the enforcement of opinions on particular aspects of sexual morality. The similarity between all of these offences is that the issue of consent is not relevant
- [Drug and Alcohol Court](https://www.awbrisbanelawyers.com.au/drug-and-alcohol-court/) - Assisting Offenders with Drug and Alcohol Issues The Queensland Government has recently reinstated the Drug and Alcohol Court in the Brisbane Magistrates’ Court. This court is aimed at assisting offenders who suffer from drug and alcohol issues and are at a high risk of reoffending and are facing sentences of imprisonment. The Court offers an
- [Insurance Broker's Professional Negligence - Liable to Client for Insurance Company's Refusal to Pay Claim](https://www.awbrisbanelawyers.com.au/insurance-brokers-professional-negligence-liable-to-client-for-insurance-companys-refusal-to-pay-claim/) - Insurance Broker's Professional NegligenceLiable to Client for Insurance Company's Refusal to Pay Claim In the recent 2012 Supreme Court case of Kotku Bread Pty Ltd v Vero Insurance Limited and Anor, an insurance broker was ordered to pay their client of over $2,000,000 plus interest, after failing to secure adequate insurance. The broker was also liable
- [Unfair Contract Terms](https://www.awbrisbanelawyers.com.au/unfair-contract-terms/) - National Unfair Contract Terms The Trade Practices Amendment (Australian Consumer Law) Bill 2009 The Bill is the first stage of the Commonwealth Government’s implementation of the national consumer policy framework. It amends the Trade Practices Act to establish the Australian Consumer Law as a schedule to that Act. As well as introducing new penalties, enforcement
- [Employment contracts – implied terms of trust and confidence](https://www.awbrisbanelawyers.com.au/employment-contracts-implied-terms-of-trust-and-confidence/) - Employment Contracts – Implied Terms of Trust and Confidence The High Court has recently handed down the decision of Commonwealth Bank of Australia v Barker which has overturned the decision of the Full Court of the Federal Court to imply the notion of mutual trust and confidence into employment contracts. This decision affects which terms will be
- [Solicitors Owe A Duty Of Care To Beneficiaries When Drafting Wills](https://www.awbrisbanelawyers.com.au/solicitors-owe-a-duty-of-care-to-beneficiaries-when-drafting-wills/) - Solicitors Owe a Duty of Care to Beneficiaries when Drafting Wills The recent decision of Calvert v Badenach handed down in the Full Court of the Supreme Court of Tasmania in 2015 highlights the requisite level of care owed by solicitors when drafting wills. It highlights that solicitors ought to be particularly careful when drafting wills which
- [Personal Property Securities Register and registration requirements for protection of interests](https://www.awbrisbanelawyers.com.au/personal-property-securities-register-and-registration-requirements-for-protection-of-interests/) - Personal Property Securities Register and Registration Requirements for Protection of Interests On 30 January 2012, the Personal Property Securities Register (“PPSR”) came into effect under the Personal Property Securities Act 2009 (Cth) (“PPSA”). The introduction of this national register merged the various Commonwealth, state and territory laws and registers into one national system for personal property securities.
- [Your Emails can form a Valid and Binding Contract](https://www.awbrisbanelawyers.com.au/your-emails-can-form-a-valid-and-binding-contract/) - Your Emails can form a Valid and Binding Contract Electronic Communications between Parties and Their Contractual Implications It is quite common in the 21st Century for businesses and individuals to negotiate and conclude deals via electronic communication such as e-mail and other forms of messaging. Often, the finer details of contracts and other agreements may
- [Double Insurance](https://www.awbrisbanelawyers.com.au/double-insurance/) - Double Insurance Section 45(1) of the Insurance Contracts Act 1984 (Cth) provides: This section renders void so-called "other insurance" provisions of general insurance contracts which limit or exclude the liability of the insurer to indemnify the insured against loss because the insured has entered into another contract of insurance in relation to the same risk.
- [Proposed Amendments To Taxation Of Employee Equity Schemes](https://www.awbrisbanelawyers.com.au/proposed-amendments-to-taxation-of-employee-equity-schemes/) - Proposed Amendments To Taxation Of Employee Equity Schemes The Tax Laws Amendment (2009 Budget Measures No. 2) Bill 2009 and the Income Tax (TFN Withholding Tax (ESS)) Bill 2009 have been recently introduced into the House of Representatives. The Bills have introduced a new regime and some additional limitations on the provision of employee shares
- [Engineers and Builders - No Liability in Professional Negligence to Subsequent Owners of Commercial Buildings for Structural Defects](https://www.awbrisbanelawyers.com.au/engineers-and-builders-no-liability-in-professional-negligence-to-subsequent-owners-of-commercial-buildings-for-structural-defects/) - Engineers and Builders - No Liability in Professional Negligence to Subsequent Owners of Commercial Buildings for Structural Defects The case of Woolcock Street Investments Pty Ltd v CDG Pty Ltd involved a claim for professional negligence by a subsequent owner of a building due to defects in the foundations. The appellant company alleged that they were owed
- [Setting Aside Statutory Demands](https://www.awbrisbanelawyers.com.au/setting-aside-statutory-demands/) - Applying to set aside a statutory demand What is a Creditors Statutory demand for payment of a debt? A form 509h creditors statutory demand for payment of a debt is a written demand for payment served by a creditor on a company. The Corporations Act 2001 (Cth) outlines the circumstances in which a statutory demand
- [Extension of Limitation Period](https://www.awbrisbanelawyers.com.au/extension-of-limitation-period/) - Extension of Limitation Period Limitation periods for commencing litigation and extensions of limitation periods Legislation in Queensland and other states sets out certain period of times within which proceedings must be started for various causes of action, being relevantly in Qld, the Limitations of Actions Act (Qld). If actions are not started before the period
- [Share Broker - Ordered to Pay Damages for Failure to Sell Shares as Instructed](https://www.awbrisbanelawyers.com.au/share-broker-ordered-to-pay-damages-for-failure-to-sell-shares-as-instructed/) - Professional Negligence of Share Broker - Ordered to Pay Damages for Failure to Sell Shares as Instructed The case of Pankhurst v Gairdner & Co involved an action for breach of contract and professional negligence against a share broker who failed to sell shares at the stipulated price and time. The applicant sought damages for the amount
- [Known Circumstances And Disclosure](https://www.awbrisbanelawyers.com.au/known-circumstances-and-disclosure/) - Known Circumstances and Disclosure Insurance update – Directors and Officers Recent worldwide economic developments have precipitated the collapse of a number of corporations and Australia has not been immune, with the likes of ABC Learning. D & O Policies are ‘claims made’ or ‘claims made and notified’ policies, meaning that a failure to notify insurers
- [Business Names and Trade Mark Protection](https://www.awbrisbanelawyers.com.au/business-names-and-trade-mark-protection/) - Business Names and Trade Mark Protection Business Names Under the Federal Government’s new ‘National Business Name Registration’ system only one application needs to be made to allow an entity to trade under that business name throughout Australia. This system is replacing the previous registration system for business names where the business name was required to
- [Changes to Paying Company Dividends](https://www.awbrisbanelawyers.com.au/changes-to-paying-company-dividends/) - Changes To Paying Company Dividends Company dividends: Changes to when dividends can be paid The Corporations Amendment (Corporate Reporting Reform) Act 2010 (Cth) came into effect on 28 June 2010. It has new implications for when companies can pay dividends to shareholders. These new rules in section 254T(1) of the Corporations Act 2001 provide that a dividend
- [Looting and Natural Disasters](https://www.awbrisbanelawyers.com.au/looting-and-natural-disasters/) - Looting and Natural Disasters Flooding and cyclone Yasi recently devastated Queensland. Many people lost their personal property, valuables and their homes. Another pressure the community faced in the aftermath of these disasters was uncertainty about the security of the property left in their homes and businesses against looters. Following the incidents of looting that occurred
- [Drug Diversion Program](https://www.awbrisbanelawyers.com.au/drug-diversion-program/) - Drug Diversion Program Qld For minor drug offences the Court may offer the guilty party an opportunity to attend or order the guilty party to attend and complete a drug diversion program as part of the penalty imposed by the Court when the court is making a “recognisance order”, or “good behaviour bond”. The Drug
- [Burglary](https://www.awbrisbanelawyers.com.au/burglary/) - Burglary Entering or being in premises and committing indictable offences Burglary is defined s418 of the Criminal Code and makes it an offence to enter or be in the dwelling of another with an intent to commit an indictable offence. Similarly s421 makes it an offence to enter or be in the premises of another
- [Overpaid Tax - Damages for Loss of Use of Money in Professional Negligence Claim v. Accountants](https://www.awbrisbanelawyers.com.au/overpaid-tax-damages-for-loss-of-use-of-money-in-professional-negligence-claim-v-accountants/) - Overpaid Tax - Damages for Loss of Use of Money in Professional Negligence Claim v. Accountants The case of Hungerfords & Ors v Walker & Ors involved a successful claim for professional negligence and breach of contract, brought against the plaintiffs’ accountants for causing their overpayment of tax for several years. Rather than suing to recover the
- [When a Guarantee Must be Evidenced in Writing](https://www.awbrisbanelawyers.com.au/when-a-guarantee-must-be-evidenced-in-writing/) - When a Guarantee Must Be Evidenced In Writing What is a guarantee? A guarantee is when one person makes an agreement with the creditor of another person to answer for the debt or default of that other person. For this reason, a contract of guarantee cannot exist unless there is first a contract or other
- [What is Bankruptcy?](https://www.awbrisbanelawyers.com.au/what-is-bankruptcy/) - What is Bankruptcy? Bankruptcy: A General Overview Bankruptcy occurs where a person, unable to pay their debts, has a trustee appointed to control their assets and finances, in exchange for protection from legal action by their creditors. Bankruptcy also protects creditor’s interests by placing an independent person in control of investigating the bankrupt’s affairs to
- [Employee contracts - Ramifications of failing to clearly stipulate employment terms – Reasonable notice on termination](https://www.awbrisbanelawyers.com.au/employee-contracts-ramifications-of-failing-to-clearly-stipulate-employment-terms-reasonable-notice-on-termination/) - Employee contracts - Ramifications of failing to clearly stipulate employment terms – Reasonable notice on termination The Supreme Court of New South Wales recently handed down the decision of Susanna Ma v Expeditors International Pty Ltd [2014] NSWSC 859. This decision highlights an employer’s potential liability for surprisingly large payouts upon termination of senior employees. In light
- [Retention of Title Clauses](https://www.awbrisbanelawyers.com.au/retention-of-title-clauses/) - Retention Of Title Clauses The Sale of Goods Act 1896 (Qld) permits a seller to retain the property in the goods sold under a contract of sale until certain conditions imposed by the seller are fulfilled. Such a right is not implied or inferred, and therefore, has to be stipulated in the contract of sale.
- [PAMDA Amendments](https://www.awbrisbanelawyers.com.au/pamda-amendments/) - PAMDA Amendments Property Agents and Motor Dealers Act amendments Buyers seeking to avoid residential contracts have been able to rely on minor and technical breaches arising from, often inadvertent, failures by sellers or sellers'; agents to comply with the requirements for delivery of contracts. New amendments to the PAMDA Act removes the requirement that the
- [How Good Faith Operates within Australian Contract Law](https://www.awbrisbanelawyers.com.au/how-good-faith-operates-within-australian-contract-law/) - The Operation of Good Faith within Australian Contract Law The concept of good faith has a controversial and complicated history within Australian contract law. However, recent case law has evidenced that good faith has now been established as an effective doctrine for commercial law. Elements of good faith Whether as an expressed or implied term,
- [Proportionate Liability – Limiting the Scope of Wrongdoers Accountability](https://www.awbrisbanelawyers.com.au/proportionate-liability-limiting-the-scope-of-wrongdoers-accountability/) - Proportionate Liability – Limiting the Scope of Wrongdoers Accountability A recent High Court decision has provided some clarity in relation to the issue of the application of proportionate liability in cases where more than one party is liable for damages. The concept of proportionate liability is outlined in Part 4 of the relevant Civil Liability Act and
- [Federal Court Requirements on Dispute Resolution](https://www.awbrisbanelawyers.com.au/federal-court-requirements-on-dispute-resolution/) - Federal Court Requirements On Dispute Resolution Lawyers now have to advise clients on how to avoid litigation in court. A new duty now falls upon lawyers to advise clients to take “genuine steps” to resolve disputes before litigation in federal courts. Lawyers will have a duty to advise clients of the requirement to file a
- [Loss and Damages to be Claimed Following Breach of Contract/Lease](https://www.awbrisbanelawyers.com.au/loss-and-damages-to-be-claimed-following-breach-of-contract-lease/) - Loss and damages to be claimed following breach of Contract/Lease In a case decided by the High Court, Shevill v Builders Licensing Board, the Builders Licensing Board (BLB) (lessor) leased certain premises to Shevill (lessee). The terms of the lease provided that “if rent was unpaid for fourteen days or if the lessee was in breach of
- [Dismissal Of Employee For Drink Driving Outside Of Work](https://www.awbrisbanelawyers.com.au/dismissal-of-employee-for-drink-driving-outside-of-work/) - Dismissal Of Employee For Drink Driving Outside Of Work The Australian Industrial Relations Commission has upheld an employer’s decision to dismiss an employee for drink driving outside working hours in his privately owned car. The employee, a process worker in a brewery, brought an unfair dismissal claim. He argued his drink driving did not damage
- [Bank Guarantees and Injunctions](https://www.awbrisbanelawyers.com.au/bank-guarantees-and-injunctions/) - The Sacrosanct Nature of Bank Guarantees The effect of the recent decision of Saipem Australia Pty Ltd v GLNG Operations Pty Ltd on section 67J of the Queensland Building and Construction Commission Act 1991 (Qld) The recent case of Saipem Australia Pty Ltd v GLNG Operations Pty Ltd has reaffirmed the sacrosanct nature of bank guarantees. The case considered the operation
- [Setting Aside Default Judgments](https://www.awbrisbanelawyers.com.au/setting-aside-default-judgments/) - Setting Aside Default Judgments The court will give a default judgment where the defendant has failed to file a defence. Once the plaintiff/creditor obtains a default judgment, they will then have twelve years to enforce payment of the judgment debt. A defendant/debtor with sufficient cause may make an application to set aside a default judgment.

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## Courts

- [Caboolture Magistrates Court](https://www.awbrisbanelawyers.com.au/court/caboolture-magistrates-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Caboolture Magistrates Court The Caboolture Magistrates Court is situated at 30 King Street, Caboolture QLD 4510. The registry can be reached by phone at (07) 5294 8000 or by email at courthouse.caboolture@justice.qld.gov.au. The court deals with a range of matters, including criminal cases, traffic offences, civil disputes, and domestic violence
- [Roma Street Magistrates Court, Brisbane](https://www.awbrisbanelawyers.com.au/court/roma-street-magistrates-court-brisbane/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Roma Street Magistrates Court, Brisbane Address Roma Street Magistrates Court240 Roma StreetBrisbane Qld 4000PO Box 15167City East Qld 4002 Contact Ph: (07) 3247 4760 Location Map
- [Beenleigh District Court](https://www.awbrisbanelawyers.com.au/court/beenleigh-district-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Beenleigh District Court Address Beenleigh District CourtCnr Kent and James StreetsPO Box 383Beenleigh Qld 4207 Contact Business hours:8:15am to 4:30pm – Monday & Wednesday to Friday8:15am to 4:00pm - TuesdayPh: (07) 3884 7512Fax: (07) 3884 7544Email: courthouse.beenleigh@justice.qld.gov.au Location Map
- [Pine Rivers Magistrates Court](https://www.awbrisbanelawyers.com.au/court/pine-rivers-magistrates-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Pine Rivers Magistrates Court Address Pine Rivers Magistrates Court374 Gympie RoadPO Box 2333Strathpine Qld 4500 Contact Business hours: 8:30am to 4:30pm – Monday to Tuesday & Thursday to Friday8:30am to 4:00pm - WednesdayPh: (07) 3384 8233Fax: (07) 3384 8244Email: courthouse.pinerivers@justice.qld.gov.au Location Map
- [Ipswich District Court](https://www.awbrisbanelawyers.com.au/court/ipswich-district-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Ipswich District Court Address Ipswich District Court43 Ellenborough StreetPO Box 70Ipswich Qld 4305 Contact Business hours: 8:30am to 4:30pm - Monday to FridayPh: (07) 3280 1720Fax: (07) 3280 1904Email: courthouse.ipswich@justice.qld.gov.au Location Map
- [Cleveland Magistrates Court](https://www.awbrisbanelawyers.com.au/court/cleveland-magistrates-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Cleveland Magistrates Court Address Cleveland Magistrates Court5 Middle StreetPO Box 10Cleveland Qld 4163 Contact Business hours:8:30am to 4:30pm – Monday to Tuesday & Thursday to Friday8:30am to 4:00pm - WednesdayPh: (07) 3383 0733Fax: (07) 3383 0744Email: courthouse.cleveland@justice.qld.gov.au Location Map
- [Nambour Magistrates Court](https://www.awbrisbanelawyers.com.au/court/nambour-magistrates-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Nambour Magistrates Court Address Nambour Magistrates Court156–168 Currie StreetPO Box 310Nambour Qld 4560 Contact Business hours: 9:00am to 4:30pm - Monday to FridayPh: (07) 5470 8755Fax: (07) 5470 8769Email: courthouse.nambour@justice.qld.gov.au Location Map
- [Ipswich Magistrates Court](https://www.awbrisbanelawyers.com.au/court/ipswich-magistrates-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Ipswich Magistrates Court Address Ipswich Magistrates Court43 Ellenborough StreetPO Box 70Ipswich Qld 4305 Contact Business hours: 8:30am to 4:30pm - Monday to FridayPh: (07) 3280 1720Fax: (07) 3280 1904Email: courthouse.ipswich@justice.qld.gov.au Location Map
- [Brisbane Magistrates Court](https://www.awbrisbanelawyers.com.au/court/brisbane-magistrates-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Brisbane Magistrates Court Address Brisbane Magistrates Court363 George StreetGPO Box 1649Brisbane Qld 4001 Contact Business hours: 8:30am to 4:30pm - Monday to FridayPh: (07) 3247 5598Fax: (07) 3247 5669Email:courthouse.Brisbane@justice.qld.gov.au Location Map
- [Beaudesert Magistrates Court](https://www.awbrisbanelawyers.com.au/court/beaudesert-magistrates-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Beaudesert Magistrates Court Address Beaudesert Magistrates Court29 William StreetPO Box 14Beaudesert Qld 4285 Contact Business hours: 8:30 to 4:30pm - Mon to FriPh: (07) 5542 2055Fax: (07) 5542 2050Email: courthouse.beaudesert@justice.qld.gov.au Location Map
- [Brisbane District Court](https://www.awbrisbanelawyers.com.au/court/brisbane-district-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Brisbane District Court Address QEII Courts of Law Complex415 George StreetBrisbane Qld 4000PO Box 15167City East Qld 4002 Contact Telephone enquiries: 8.30am to 5.00pmCounter enquiries: 9.00am to 4.00pmSearch and Copy Service: 9:00am to 12:00pmPh: (07) 3247 4313Fax: (07) 3247 5316Email: courtinfo@justice.qld.gov.au Location Map
- [Redcliffe Magistrates Court](https://www.awbrisbanelawyers.com.au/court/redcliffe-magistrates-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Redcliffe Magistrates Court Address Redcliffe Magistrates Court193 Redcliffe ParadePO Box 155Redcliffe Qld 4020 Contact Business hours: 8:15am to 4:30pm - Monday to FridayPh: (07) 3480 1511Fax: (07) 3480 1522Email: courthouse.redcliffe@justice.qld.gov.au Location Map
- [Coolangatta Magistrates Court](https://www.awbrisbanelawyers.com.au/court/coolangatta-magistrates-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Coolangatta Magistrates Court Address Coolangatta Magistrates CourtMusgrave StreetPO Box 375Coolangatta Qld 4225 Contact Business hours: 9:00am - 4:30 pm - Monday to FridayCivil registry: 9:00am - 4:00pmTelephone enquiries: 8:30am - 5:00pmPh: (07) 5569 3040Fax: (07) 5569 3044Email: courthouse.coolangatta@justice.qld.gov.au Location Map
- [Sandgate Magistrates Court](https://www.awbrisbanelawyers.com.au/court/sandgate-magistrates-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Sandgate Magistrates Court Address Sandgate Magistrates Court84 Keogh StreetPO Box 154Sandgate Qld 4017 Contact Business hours: 9:00am to 4:30pm - Monday to FridayPh: (07) 3631 8222Fax: (07) 3631 8212Email: courthouse.sandgate@justice.qld.gov.au Location Map
- [Gatton Magistrates Court](https://www.awbrisbanelawyers.com.au/court/gatton-magistrates-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Gatton Magistrates Court Address Gatton Magistrates Court7 William StreetPO Box 413Gatton Qld 4343 Contact Business hours:8:30am to 4:30pm - Monday to Thursday8:30am to 4:00pm - FridayPh: (07) 5462 1155Fax: (07) 5462 3436Email: courthouse.gatton@justice.qld.gov.au Location Map
- [Southport District Court](https://www.awbrisbanelawyers.com.au/court/southport-district-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Southport District Court Address Southport District CourtCnr Davenport and Hinze StreetsPO Box 103Southport Qld 4215 Contact Business hours: 8:45am to 4:30pm – Monday to Wednesday & Friday8:45am to 4:00pm - ThursdayPh: (07) 5583 5900Fax: (07) 5591 1204Email: courthouse.southport@justice.qld.gov.au Location Map
- [Maroochydore Magistrates Court](https://www.awbrisbanelawyers.com.au/court/maroochydore-magistrates-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Maroochydore Magistrates Court Address Maroochydore Magistrates CourtCornmeal ParadePO Box 732Maroochydore Qld 4558 Contact Business hours: 8:30am to 4:30pm – Monday to Tuesday & Thursday to Friday8:30am to 4:00pm - WednesdayPh: (07) 5470 8111Fax: (07) 5470 8146Email: courthouse.maroochydore@justice.qld.gov.au Location Map
- [Noosa Magistrates Court](https://www.awbrisbanelawyers.com.au/court/noosa-magistrates-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Noosa Magistrates Court Address Noosa Magistrates CourtLangura StreetPO Box 851Noosa Qld 4567 Contact Business hours: 9:00am to 4:30pm – Monday to Thursday9:00am to 4:00pm - Friday Ph: (07) 5473 8400Fax: (07) 5447 2425Email: courthouse.noosa@justice.qld.gov.au Location Map
- [Holland Park Magistrates Court](https://www.awbrisbanelawyers.com.au/court/holland-park-magistrates-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Holland Park Magistrates Court Address Holland Park Magistrates Court8 Marshall RoadPO Box 135Holland Park West Qld 4121 Contact Business hours:8:30am to 4:30pm – Monday to Tuesday & Thursday to Friday8:30am to 4:00pm - WednesdayPh: (07) 3336 0885Fax: (07) 3336 0889Email: courthouse.hollandpark@justice.qld.gov.au Location Map
- [Caloundra Magistrates Court](https://www.awbrisbanelawyers.com.au/court/caloundra-magistrates-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Caloundra Magistrates Court Address Caloundra Magistrates Court3 Gregson PlacePO Box 250Caloundra Qld 4551 Contact Business hours: 9:00am to 4:30pm - Monday to FridayPh: (07) 5420 9000Fax: (07) 5491 8014Email: courthouse.caloundra@justice.qld.gov.au Location Map
- [Beenleigh Magistrates Court](https://www.awbrisbanelawyers.com.au/court/beenleigh-magistrates-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Beenleigh Magistrates Court Address Beenleigh Magistrates CourtCnr Kent and James StreetsPO Box 383Beenleigh Qld 4207 Contact Business hours:8:15am to 4:30pm – Monday & Wednesday to Friday8:15am to 4:00pm - TuesdayPh: (07) 3884 7500Fax: (07) 3884 7544Email: courthouse.beenleigh@justice.qld.gov.au Location Map
- [Brisbane Supreme Court](https://www.awbrisbanelawyers.com.au/court/brisbane-supreme-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Brisbane Supreme Court Address QEII Courts of Law Complex415 George StreetBrisbane Qld 4000PO Box 15167City East Qld 4002 Contact Telephone enquiries: 8.30am to 5.00pmCounter enquiries: 9.00am to 4.00pmSearch and Copy Service: 9:00am to 12:00pmPh: (07) 3247 4313Fax: (07) 3247 5316Email: courtinfo@justice.qld.gov.au Location Map
- [Richlands Magistrates Court](https://www.awbrisbanelawyers.com.au/court/richlands-magistrates-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Richlands Magistrates Court Address Richlands Magistrates CourtCnr Old Progress and Archerfield RoadsRichlands Qld 4077 Contact Business hours: 8:30am to 4:30pm – Monday to Tuesday & Thursday to Friday8:30am to 4:00pm - WednesdayPh: (07) 3710 1200Fax: (07) 3710 1211Email: courthouse.richlands@justice.qld.gov.au Location Map
- [Maroochydore District Court](https://www.awbrisbanelawyers.com.au/court/maroochydore-district-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Maroochydore District Court Address Maroochydore District CourtCornmeal ParadePO Box 732Maroochydore Qld 4558 Contact Business hours: 8:30am to 4:30pm – Monday to Tuesday & Thursday to Friday8:30am to 4:00pm - WednesdayPh: (07) 5470 8111Fax: (07) 5470 8146Email: courthouse.maroochydore@justice.qld.gov.au Location Map
- [Southport Magistrates Court](https://www.awbrisbanelawyers.com.au/court/southport-magistrates-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Southport Magistrates Court Address Southport Magistrates CourtCnr Davenport and Hinze StreetsPO Box 103Southport Qld 4215 Contact Business hours: 8:45am to 4:30pm – Monday to Wednesday & Friday8:45am to 4:00pm - ThursdayPh: (07) 5583 5900Fax: (07) 5591 1204Email: courthouse.southport@justice.qld.gov.au Location Map
- [Wynnum Magistrates Court](https://www.awbrisbanelawyers.com.au/court/wynnum-magistrates-court/) - LAW COURTS IN SOUTH-EAST QUEENSLAND Wynnum Magistrates Court Address Wynnum Magistrates CourtPine StreetPO Box 20Wynnum Qld 4178 Contact Business hours: 8:45am to 4:45pm – Monday to Thursday8:45am to 4:30pm - FridayPh: (07) 3362 9090Fax: (07) 3362 9089Email: courthouse.wynnum@justice.qld.gov.au Location Map

## Team Members

- [Robert Casalegno](https://www.awbrisbanelawyers.com.au/team/robert-casalegno/) - Robert Casalegno joined Aitken Whyte Lawyers as Special Counsel in February 2025, practising in commercial litigation and dispute resolution.
- [Craig Bartley](https://www.awbrisbanelawyers.com.au/team/craig-bartley/) - Bio Craig Bartley is a civil lawyer at Aitken Whyte Lawyers, practising in civil and commercial litigation and dispute resolution. Craig holds a Bachelor of Laws from the University of Southern Queensland and a Graduate Diploma of Legal Practice from the College of Law. Craig has significant experience in commercial matters as well as in
- [Robert Aitken](https://www.awbrisbanelawyers.com.au/team/robert-aitken/) - Bio Robert Aitken is a Solicitor Director of Aitken Whyte Lawyers in Brisbane. He started practising in law firms at the Gold Coast in 1992 and in Brisbane in 1995 and moved to Sydney to further his career as a solicitor working in national law firms there, later taking up positions as General Counsel and
- [Administration Team](https://www.awbrisbanelawyers.com.au/team/administration-team/) - Monique Accounts Manager Lauren Office Manager Isabelle Administration Assistant Jorja Administration Assistant Nalani Administration Assistant Wakana Administration Assistant Zoe Administration Assistant
- [Fleur Cardell](https://www.awbrisbanelawyers.com.au/team/fleur-cardell/) - Bio Fleur Cardell is an associate practicing in criminal law at Aitken Whyte Lawyers. She completed a Bachelor of Laws (Class I Honours) and Bachelor of Criminology and Criminal Justice (Distinction) at Griffith University and completed her Graduate Diploma of Legal Practice at the College of Law. Fleur’s experience extends to criminal defence, traffic charges,
- [Josh Turner](https://www.awbrisbanelawyers.com.au/team/josh-turner/) - Bio Josh Turner has recently joined Aitken Whyte Lawyers as a solicitor within our Criminal, Domestic Violence, and Traffic Team. Holding a Graduate Diploma of Legal Practice from QUT and a Bachelor of Laws/Business from Griffith University, Josh is committed to continuously developing his expertise to offer the highest level of service. He has focused

## Services

- [Will Dispute Lawyers Brisbane](https://www.awbrisbanelawyers.com.au/will-dispute-lawyers/) - Contesting a will or defending an estate in Brisbane? Aitken Whyte Lawyers offer expert advice on will disputes. Book your consultation today.
- [Leases - Commercial & Retail](https://www.awbrisbanelawyers.com.au/commercial-lease-lawyers/) - Brisbane commercial lease lawyers for lease reviews, disputes and negotiations. Get clear, practical advice from Aitken Whyte Lawyers. Call today.
- [Insurance](https://www.awbrisbanelawyers.com.au/insurance-lawyers/) - Brisbane insurance lawyers handling denied claims, disputes and policy issues. Get clear advice and strong representation from Aitken Whyte Lawyers. Call today.
- [Crime, Criminal Law, And Criminal Defence Lawyers](https://www.awbrisbanelawyers.com.au/brisbane-criminal-lawyers/) - Aitken Whyte Lawyers is Brisbane’s leading criminal lawyers providing criminal defence solutions from being arrested to trial in court, penalties, and sentenced.
- [Government and Regulatory Prosecutions](https://www.awbrisbanelawyers.com.au/government-and-regulatory-prosecutions/) - In Queensland, there are several State and Local Government bodies that are charged with the enforcement of laws and requirements. These can include investigations or prosecutions for such things as: Marine incidents and maritime safety prosecutions; Workplace health and safety investigations and prosecutions; Prosecutions for breaches of the Food Act; and Environmental prosecutions. At Aitken
- [Litigation & Disputes](https://www.awbrisbanelawyers.com.au/litigation-lawyers-brisbane/) - Commercial Dispute in Brisbane? Don't settle for less. Our litigation lawyers fight for your rights. Contact us today and get strong representation.
- [Employment and Industrial Law](https://www.awbrisbanelawyers.com.au/employment-lawyers/) - Unfair Treatment at Work? Get expert legal advice from Brisbane's trusted Employment Lawyers at Aitken Whyte Lawyers.
- [Professional Misconduct](https://www.awbrisbanelawyers.com.au/professional-misconduct/) - Professional Misconduct Law Professional misconduct covers a broad and varied range of obligations. Allegations of wrongdoing can lead to formal investigations, disciplinary, or even criminal proceedings. Many professions contain strict ethical or regulatory standards, including: Professional Misconduct Lawyers A professional misconduct lawyer is a legal specialist who advises and represents individuals accused of professional misconduct,
- [Professional Negligence](https://www.awbrisbanelawyers.com.au/brisbane-negligence-lawyers/) - Aitken Whyte Lawyers | Professional Negligence Lawyers Brisbane Finding the Best Negligence Lawyer in Brisbane Negligence lawyers focus on cases where an individual has been harmed due to another party’s failure to exercise reasonable care, including areas like medical or professional negligence. To engage a negligence lawyer, you can reach out to prominent law firms
- [Debt Recovery, Bankruptcy and Insolvency](https://www.awbrisbanelawyers.com.au/insolvency/) - Insolvency Lawyers Brisbane | Bankruptcy Lawyers Brisbane Our Bespoke Insolvency Service Aitken Whyte Lawyers provide debt recovery and corporate insolvency advice to: debtors; creditors; company members; shareholders; and directors. We tailor our solutions to suit each client's unique circumstances. Each approach we develop is focused on results. Initially, we will: assess your situation; outline all
- [DUI, Drink Driving, Drug Driving And Traffic Offences](https://www.awbrisbanelawyers.com.au/drink-driving-lawyers/) - Facing Drink Driving Charges in Brisbane? Aitken Whyte Lawyers, DUI & drink driving solicitors, can help. Call now to get strong representation.
- [Domestic Violence And Protection Orders DVO (QLD) AVO (NSW)](https://www.awbrisbanelawyers.com.au/domestic-violence-lawyers/) - Seeking Legal Help for Domestic Violence in Brisbane? Our DVO lawyers offer compassionate support and strong representation. Contact us today.
- [Business & Commercial Lawyers Brisbane](https://www.awbrisbanelawyers.com.au/commercial-lawyers/) - Expert Business & Commercial Lawyers in Brisbane. Aitken Whyte Lawyers provide strategic legal advice for businesses. Contact Us Today.
- [Buying & Selling Property](https://www.awbrisbanelawyers.com.au/conveyancing/) - Buying and Selling Property Buying and Selling Property and Leasing Residential Property - Protection for your assets We don’t cut corners and we don’t allow non-solicitors to run your conveyance. Buying or selling a residential property can be one of the most significant transactions that most people will undertake. Aitken Whyte Lawyers, Brisbane offers a full,
- [Agency](https://www.awbrisbanelawyers.com.au/agency-brisbane-lawyers/) - Agency Town Agency, Mentions and Referrals Aitken Whyte Lawyers in Brisbane, accept town agency work and dispute referrals from all practitioners from interstate and overseas and non-local lawyers. We are happy to act as your town agent and mention matters, undertake court appearances, attend mediations and appear in all Brisbane and South East Queensland Courts

## Categories

- [Business and Commercial](https://www.awbrisbanelawyers.com.au/category/business-and-commercial/)
- [Debt Recovery, Bankruptcy and Insolvency](https://www.awbrisbanelawyers.com.au/category/debt-recovery-bankruptcy-and-insolvency/)
- [Employment Law](https://www.awbrisbanelawyers.com.au/category/employment-law/)
- [Insurance](https://www.awbrisbanelawyers.com.au/category/insurance/)
- [Leases - Commercial and Retail](https://www.awbrisbanelawyers.com.au/category/leases-commercial-and-retail/)
- [Litigation and Disputes](https://www.awbrisbanelawyers.com.au/category/litigation-and-disputes/)
- [Professional Negligence](https://www.awbrisbanelawyers.com.au/category/professional-negligence/)
- [Buying and Selling Property](https://www.awbrisbanelawyers.com.au/category/buying-and-selling-property/)
- [Crime, Criminal Law](https://www.awbrisbanelawyers.com.au/category/crime-criminal-law/)
- [Domestic Violence, DVO](https://www.awbrisbanelawyers.com.au/category/domestic-violence-dvo/)
- [DUI, Drink Driving, Traffic and Licences](https://www.awbrisbanelawyers.com.au/category/dui-drink-driving-traffic-and-licences/)
- [Wills & Estates](https://www.awbrisbanelawyers.com.au/category/wills-estates/)
- [Wills, Contesting Wills](https://www.awbrisbanelawyers.com.au/category/wills-contesting-wills/)
- [Property Law and Disputes](https://www.awbrisbanelawyers.com.au/category/litigation-and-disputes/property-law-and-disputes/)
- [Drug Offences & Sentencing Options](https://www.awbrisbanelawyers.com.au/category/crime-criminal-law/drug-offences-sentencing-options/)
- [Professional Misconduct](https://www.awbrisbanelawyers.com.au/category/professional-misconduct/)
- [Government and Regulatory Prosecutions](https://www.awbrisbanelawyers.com.au/category/government-and-regulatory-prosecutions-2/)

## Regions

- [Brisbane CBD](https://www.awbrisbanelawyers.com.au/court_region/brisbane-cbd/)
- [Brisbane Northern Suburbs](https://www.awbrisbanelawyers.com.au/court_region/brisbane-northern-suburbs/)
- [Brisbane Southern Suburbs](https://www.awbrisbanelawyers.com.au/court_region/brisbane-southern-suburbs/)
- [Brisbane Eastern Suburbs](https://www.awbrisbanelawyers.com.au/court_region/brisbane-eastern-suburbs/)
- [Brisbane Western Suburbs](https://www.awbrisbanelawyers.com.au/court_region/brisbane-western-suburbs/)
- [Redland](https://www.awbrisbanelawyers.com.au/court_region/redland/)
- [Logan](https://www.awbrisbanelawyers.com.au/court_region/logan/)
- [Ipswich](https://www.awbrisbanelawyers.com.au/court_region/ipswich/)
- [Moreton Bay](https://www.awbrisbanelawyers.com.au/court_region/moreton-bay/)
- [Lockyer Valley](https://www.awbrisbanelawyers.com.au/court_region/lockyer-valley/)
- [Scenic Rim](https://www.awbrisbanelawyers.com.au/court_region/scenic-rim/)
- [Gold Coast](https://www.awbrisbanelawyers.com.au/court_region/gold-coast/)
- [Sunshine Coast](https://www.awbrisbanelawyers.com.au/court_region/sunshine-coast/)

## Types

- [Business / Personal](https://www.awbrisbanelawyers.com.au/stype/business_personal/)