In Somerset Civil Pty Ltd v Sugarbag Road Pty Ltd the Court left open the possibility that a principal may be liable to pay their builder where it knows (or ought to have known) that the builder was unlicensed. This is despite unlicensed work being unlawful under the Queensland Building and Construction Commission Act 1991. Read More.
Case study: Media outlets 'publishers' of Facebook comments. The Voller decision has the potential to impact any business that administers a social media page. Read More.
Employment law is a complex area of law and there are many laws relating to employment which can be overwhelming for both employers and employees. This article covers some of the basic principles regarding workplace diversity, discrimination and dismissal which are so often intertwined. Read More.
High pressure debt recovery techniques used by debt recovery agencies may not be permitted in the future, and may carry significant ramifications. Read More.
For many families, pets are integral members of the family. They can often be the first addition to your family or the result of a lot of nagging from your children. Increasingly, families are coming before the court with the custody of their pet being a live issue. Read More.
The continual advancement of technology has allowed conversations to be covertly recorded within a finger’s reach. The question is, when is it okay to record a conversation? Although not strictly illegal to record a conversation in Queensland, there are a number of restrictions on how you can record a conversation and what you can do with the recording. If you are unsure of your “right to record” – get legal advice! Read More.
In a strategic move by the Australian Competition and Consumer Commission (‘ACCC’), both Ford Motor Company of Australia Ltd (‘Ford’) and Telstra Corporation Ltd (‘Telstra’) were hit with $10,000,000 in penalties following separate legal proceedings launched by the country’s consumer watchdog. Read More.
The minority shareholders of Samgris Pty Ltd claim that the company's conduct had been oppressive and unfairly prejudicial to them. The trial judge determined that the duty of mutual cooperation between the members of Samgris had been irretrievably broken by the appellant’s conduct as majority shareholder. Read More.
The Federal Court declared that a number of terms in JJ Richard’s small business contracts were unfair. This is the first court action by the ACCC to test the scope of the new amendments to the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015. Read More.
The New South Wales Court of Appeal recently considered the circumstances in which a former spouse can pursue a claim against a deceased estate. Read More.
The court decision in Cristovao v Tan Tan Lawyers Pty Ltd confirms the importance of seeking appropriate advice, given by qualified professionals, prior to involvement in litigation. Read More.
ACCC successfully prosecutes misleading or deceptive conduct claim for sugary snack food. The health benefits of SHREDZ were misleading, particularly given the product was made up of almost two-thirds sugar content. Read More.