Colin was approached by David Bushby of InCounsel for a chat about; his career, the challenges of practising law during the current pandemic and the time he went to a diamond mine in Botswana (among other things!). You can read the full interview below. From InCounsel – 1 May 2020 “I am old enough to…
In what is believed to be an Australian “first”, a Queensland labour hire operator has been convicted of an offence under the Labour Hire Licensing Act 2017 (Qld) (the Act). A & J Group Services Pty Ltd was convicted in the Stanthorpe Magistrates Court of supplying workers without holding a labour hire licence under the…
The Australian government introduced legislation into the Federal Parliament prior to the election which would, if passed, introduce a “Director Identification Number” system nationally. The purpose of the legislation is to make it harder for “dodgy Directors” to engage in “phoenixing”. The practice of phoenixing is described in the Explanatory Memorandum to the government’s Bill…
As you prepare to sell your property, you have probably given little thought to the Foreign Resident Capital Gains Withholding regime. However, it would be worth your while to consider this issue early on in the process of marketing your property. The Federal government introduced laws in 2016 (amended in 2017) in an effort to…
A recent Tasmanian case (Booth v Brooks) serves as a reminder of the factors Courts will take into account when determining Will disputes. Mr Triffett died. He was survived by a long term spouse (Ms Brooks), two sons and an estranged daughter. The deceased’s Will left his entire estate to his spouse if she survived…
You may be considering the terms of a commercial lease under a variety of circumstances. For example, you may; be opening your new business in new premises; have purchased a franchise business including a current lease; be taking a transfer of lease from an existing tenant; or be expanding your business and moving into a…
A valid Will is usually “in writing”, signed and witnessed. However, the Courts have the power to accept “documents” as constituting an “informal Will” (ie. one that is not in writing, signed or witnessed). A document includes “anything from which sounds, images or writings can be reproduced”. In The Estate of Leslie Wayne Quinn (deceased)…
In the 1985 Hollywood film “Brewster’s Millions”, Richard Pryor stars as Monty Brewster. Brewster’s great-uncle dies and leaves him his entire $300 million estate but only if he can complete a challenge with several conditions. Under the Will, Brewster is offered two alternatives; take $1 million up front; or spend $30 million within 30 days…
The consumer unfair contracts regime in the Australian Consumer Law has been in operation for a number of years. In 2016, the unfair contracts regime was extended to apply to “standard form” contracts presented to “small businesses”. The “business to business” unfair contract protections apply when the following conditions are met; The contract is for…
We can thank the “bad boys” of Rugby League for putting this thorny issue back under the spotlight. The St George Illawarra Rugby League club came under scrutiny recently for suspending star player Jack de Belin after he was charged with a serious criminal offence. Some may ask, why didn’t the Club simply terminate his employment at…