160 items from our lawyers filed under Articles.
Christmas and the school holiday period can be one of the busiest times of year for family law matters, particularly when it comes to parenting arrangements. Regular parenting arrangements are often replaced by holiday s…
AI tools like ChatGPT are everywhere, and it’s understandable why so many people turn to them during a separation. Family law issues are stressful, questions often come up outside business hours, and AI can provide insta…
“Every time we try to manage this employee, they make another complaint.” A complaint about their manager. A complaint about their workload. A complaint about their pay. A complaint about how their performance is being m…
“I’m not bullying them. I’m managing them.” It is a sentence most experienced leaders have heard. And sometimes the manager is absolutely right. Performance management isn’t bullying. A difficult conversation isn’t bully…
Separation can be an emotional and overwhelming time. The decisions you make in the first few weeks after separating can have lasting financial and legal consequences, particularly when it comes to parenting arrangements…
“It was just banter.” Four words that can create a very big problem for an employer. I am not suggesting that we need to remove humour from the workplace. People joke. People swear. People give each other a hard time. So…
Separation and divorce can feel like they are heading towards a courtroom battle. In reality, many family law disputes in Australia are resolved through negotiation or mediation without a judge making a final decision. M…
$887,690 versus $341,213. Two employee costing models. One was more than $500,000 cheaper. Which one do you think the business chose? The cheaper one. There was just one fairly significant problem. It didn’t include thin…
“We need to restructure, but the employee whose position is affected is on parental leave. Can we still make them redundant?” What if they are on long-term sick leave? Or workers’ compensation? The answer in each case is…
It depends. And the biggest risk probably isn’t unfair dismissal. “Can I sack an employee who has been here for 15 years?” The short answer? Yes. There is no rule in Australian employment law that says someone becomes “u…
When people think about a property settlement after separation, the family home is usually the first thing that comes to mind. But under Australian family law, the “property pool” is much broader than just real estate. A…
When facing separation or a family law issue, many people delay seeking legal advice in the hope that matters will resolve on their own. While this is understandable, obtaining advice early can often make a significant d…
It usually doesn’t start with a termination letter. A General Protections claim rarely begins on the day someone gets fired. More often? It starts months earlier. A complaint gets brushed off. A manager gets irritated. A…
Not every tough manager is a bully. Managers are expected to set standards, hold people accountable and address underperformance. Difficult conversations are part of leadership. But there is a line. And once that line is…
A contractor and a customer have been ordered to pay $116,000 after sexually harassing a worker. The unique part? Neither of them worked as an employee for the employer. The decision of Eklom v Marshall [2026] FedCFamC2G…
For years, restructures and redundancies have largely been viewed as HR and industrial relations processes. Consultation obligations. Redeployment considerations. Selection criteria. Communications strategy. But what hap…
A Queensland Supreme Court decision is another reminder that workplace injuries do not need to leave a worker completely incapacitated for employers to face substantial compensation exposure. In Singleton v Direct Person…
$180,000 Fine. A Finger Injury. And A Workplace Already Prosecuted Multiple Times Before. There is a dangerous assumption some businesses still make about workplace safety: “If nobody was seriously hurt this time, it pro…
$395,000 In Penalties Alone against an owner and manager. $802,000! Bubble Tea “Cashbacks”. False Records. And Migrant Workers Underpaid At Adelaide Eateries. Another Fair Work Ombudsman prosecution has landed with serio…
There’s a dangerous assumption I see in workplaces all the time: “If we don’t act, we can’t get it wrong.” This case shows why that thinking is flawed. In Mitri v Fire Rescue Victoria [2026] FedCFamC2G 495 (30 March 2026…
An Employer successfully defends a general protections claim… and still ended up paying $176,250? Why? What happened? The Federal Circuit and Family Court decision in Lord v Toll Transport Pty Ltd [2026] FedCFamC2G 348 (…
Accusing an employee of theft is one of the most serious steps an employer can take. It is the kind of allegation that almost always leads to summary dismissal. But what happens when the evidence does not stack up? A dec…
The Fair Work Commission recently dismissed a case, described the legal arguments as “incoherent”, found the applicant had misrepresented what his contract said, and then invited the employer to apply for costs. To be cl…
Performance management has always been treated as a core HR function. Set expectations. Address underperformance. Improve outcomes. But that traditional view is now incomplete. In today’s regulatory environment, performa…
If an employee uses their company email to apply for another job, can you fire them on the spot? One employer thought the answer was yes. The Fair Work Commission had a very different view. A single email. A resume attac…
If your organisation’s primary defence to a sexual harassment claim is “we have online training modules,” it may not be enough. The Queensland Industrial Relations Commission decision, Loquias v The Star Entertainment Gr…
For HR leaders and Employers in Australia managing international workforces, one of the most misunderstood questions is this: When does the Fair Work Act apply to employees working overseas? A recent Fair Work Commission…
If you are still treating flexible work requests as a policy issue rather than a legal risk, you may be exposed. Nearly three (3) years after the Fair Work Commission was given power to arbitrate disputes about refused f…
Most employment law issues do not come out of nowhere. They usually build quietly in the background. An outdated contract. A pay assumption that has never been tested. A complaint that is handled informally because every…
Employment law in 2026 is less about new buzzwords and more about execution. Can your payroll withstand payday super? Are your redundancy processes genuinely defensible? Do your contracts still do what you think they do?…
The Fair Work Commission has again confirmed that the day to day reality of a working relationship will outweigh any contract terms describing a worker as a casual. Fair Work Commission case Richard McLeish v GNM Austral…
Sexual harassment remains one of the most serious and preventable risks in Australian workplaces. Recent reforms, increased public awareness, and the shift toward a positive duty to eliminate harmful behaviour mean emplo…
HR managers and Heads of HR are often at the frontline when it comes to workforce classification, contract design, and compliance. The Federal Court decision in Fair Work Ombudsman v Doll House Training Pty Ltd (No 2) [2…
The Modern Workplace Bullying Dilemma Workplace bullying isn’t new but how we perceive it is changing fast. In an era of hybrid work, constant performance pressure and a sharper awareness of psychological safety, even ro…
An employee said the boss’s micromanagement drove him to quit. The FWC said otherwise and HR teams should take note. What happened – Mr Cooper Lynch v Mcpherson Window Cleaning Pty. Ltd. & Mr Paul McIntyre [2025] FWC 268…
The Fair Work Commission’s decision in Sewell v dnata Airport Services Pty Ltd [2025] FWC 2823 is a wake-up call for every HR team managing sexual harassment complaints. At the heart of the case was the employer’s handli…
Written Employment Contracts may sound like a boring part of HR and business. When it comes to employment relationships, unclear or incomplete contracts are a recipe for disputes. Courts are increasingly willing to step …
Ok, Ok maybe it is going a bit too far. But this is a question that needs to be asked and answered for every Board, Executive and HR team. Do we have payroll under control? Because of recent cases (which may be appealed)…
When an employee told a colleague, “why don’t you go get molested…”, it was the final straw for his employer. But while the behaviour was appalling, the Fair Work Commission still ruled his dismissal unfair because of th…
Can an employee’s “off-the-clock” Facebook rant really put their job at risk? In today’s workplaces, the answer is increasingly yes. Social media has blurred the lines between professional and personal life, and organisa…
Imagine making what you thought was a watertight redundancy decision only to have the High Court declare it invalid years later. That’s exactly what happened in Helensburgh Coal Pty Ltd v Bartley [2025] HCA 29, where the…
It started with a pink bag on a bus and ended with an unfair dismissal claim. A cleaner with over two decades of experience without incident, was carrying out his normal duties, only to be accused of misappropriating los…
A major change in workplaces has seen the Government introduce and now implement, as of 26 August 2024, the new Right to Disconnect laws. The aim of this legislation is to foster work-life balance for employees however, …
Reasonable and lawful directions. With the onset of Psychosocial Risks and Hazards legislation, an increase in mental health claims, exposure, disclosure, discussion and risk management the issue of medical evidence beco…
The Federal Court of Australia has delivered a timely reminder that reasonable notice is still in play. In the recent decision of Cropper v Energy Action (Australia) Pty Ltd (No 2) [2025] FCA 663 (Cropper Case) the Court…
Work from Home and Flexible Working Arrangements – potentially 20, 15 or even 10 years ago, this was seldom used. However, as part of the ever-changing workplace and evolving workforce, Flexible Working Arrangements seem…
Redundancies are often challenging for both employers and employees. But under Australia’s Fair Work Act 2009 (Cth), a redundancy won’t be considered genuine if there’s a reasonable opportunity for the employee to be red…
Redundancy, especially during a crisis, is a challenging aspect of Human Resources (HR) management. Ensuring compliance with Australian Employment Law is not only a legal obligation, but it also protects an Employer and …
In Australia, redundancy pay is governed by the National Employment Standards (NES) under the Fair Work Act 2009. A notable aspect of these provisions is that redundancy pay entitlements decrease after 10 years of contin…
Losing someone close to you is never easy. Along with the emotional toll, it can be overwhelming to navigate the legal and financial steps that come next. To help you during this difficult time, we’ve created a straightf…
Workplace employment relationships “akin to employment” can be found on an almost daily basis as workplaces continue to evolve. Some examples include: Labour hire; Independent contractors; and Volunteers. The question th…
A practical guide to help you carry out your duties with clarity and confidence. Being Appointed as an Executor Being named as an executor of a Will is a significant responsibility—and often a great honour. However, it’s…
From 1 January 2025, the Australian Tax Office (ATO) introduced important changes that affect anyone selling real estate in Australia—whether you’re a foreign resident or not. Here’s what you need to know: What’s New? Cl…
The changing face of modern workplaces still requires management of people. Managing remote teams creates complexities not really seen before. An area on the rise in the context of remote work is Workplace Bullying claim…
Legitimate performance management because of an employee’s work performance can be a long process. However, it is integral to do so, as performance management is about looking for improvement in the performance of an ind…
Continued evolution in sexual harassment in the workplace now firmly identifies sexual harassment as a workplace health and safety issue. The Work Health and Safety (Sexual Harassment) Amendment Regulation 2024 (Regulati…
The Fair Work Ombudsman has been busy with underpayment of wages problems with several workplaces including big names such as the Commonwealth Bank of Australia. The Fair Ombudsman have taken this to another level securi…
With systems, automation, processes, and AI continuing to dominate the workplace now and into the foreseeable future, the Fair Work Commission has reminded all Employers and HR teams that the legal obligations when it co…
NDIS (National Disability Insurance Scheme) has had a lot of media and business attention for many years. The human resources and employment law elements of NDIS workplace operations are no different – it also can demons…
Pranks in some workplaces are a way to galvanise a team or a group of people as well as having a bit of fun. But in other workplaces (and some might say in most places) this has the opposite effect. Australia Post and a …
Long service leave in Queensland and to some extent in other states in Australia is an entitlement to reward long-serving employees. Long service leave entitlements in Queensland crystallise after 10 years, however, it c…
Sexual harassment has undergone a number of changes in recent times: The extension of powers of the Sex Discrimination Commissioner An ability for employees to make an application for a stop sexual harassment order in th…
Flexible work arrangements are another hot topic for human resources teams in workplaces. Any request for a flexible work arrangement creates a workplace right for an employee. However, Employers can refuse a request if …
Forced Resignation, when an employee decides to resign from employment, especially during complaints and grievances being made or a performance improvement process, can the Employer still be held liable? Forced resignati…
Written employment contracts are almost a given in every employment relationship. It is integral to have in place a written employment contract that has basic terms and conditions that go beyond salary and job descriptio…
Bullying is often associated with either peers or superiors targeting subordinates (downward bullying), it can also occur in the opposite direction, known as “upward bullying.” Recently, we have had several Managing Dire…
The complexities surrounding capital gains tax (CGT) and deceased estates can be daunting, especially when navigating the emotional landscape of loss alongside tax obligations. A recent private ruling from the Australian…
In a recent private binding ruling (PBR 1051920326857), an important scenario involving superannuation death benefits and testamentary trusts has come to light. The ruling examined whether death benefits paid through an …
As an Employer and part of the HR team, you have made the difficult (and maybe sometimes not so difficult) decision to terminate the employment of an employee. Expectedly or unexpectedly you have received an unfair dismi…
Psychosocial Risks and Hazards Workplace health and safety legislation change has further evolved from a focus on physical safety (knee injuries, near misses and serious injury) to renewed focus on mental illness and men…
Under the Carbon Credits (Carbon Farming Initiative) Act 2011 (Cth) (CFI Act), a project proponent (often the Landowner) seeking to register an emissions avoidance project or a sequestration project under the Emissions R…
Carbon farming is about a change in your land management to either: avoid or abate the emissions of greenhouse gases from your activities; or increase the storage of carbon in trees or soil. How do you earn soil carbon c…
Carbon farming has become a popular means by which landholders can help both reduce greenhouse gas emissions from land management practices and earn revenue from government-supported programs. The practice refers to agri…
We are pleased to announce that Madden Solicitors has become a part of South Geldard Lawyers. Effective immediately, all matters previously handled by Madden Solicitors, including safe custody matters, will now be manage…
In most if not all cases, it is strongly recommended a lawyer be involved in sale or purchase of a business. Failure to do so… Read More » Do I need to engage a lawyer if I buy or sell a business?
Many landowners are faced with the question about whether allowing a wind farm to operate on their land is a wise course of action to… Read More » Moving from Option Phase to Construction Phase of a Windfarm – What to Ex…
While a person makes a will in the hope that once they pass, their worldly estate will be distributed to beneficiaries in an orderly… Read More » Contesting a Will by Making a Family Provision Application
Robert Maurice South, Solicitor died on 10 June 2022 at Rockhampton. Robert commenced Articles of Clerkship in Rockhampton in 1949 with Colin Stumm, then a… Read More » Robert Maurice South, Solicitor (1933-2022)
The top ten queries clients often ask. However, each client has individual circumstances which should be addressed in a fixed fee appointment with one of our Family Lawyers.
In this blog, we list down the dos & don’ts of family law. Seek Family Law legal advice if you are contemplating separating or have separated.
It goes without saying that in life and legal practice, no other event or area of law involves as much sensitivity and trauma as family law.
The modern day “water-cooler” talk seems to be who has been vaccinated, who has not, why not, when are they getting vaccinated and what version are you getting.
What are the effects of marriage, separation and divorce on your Will and Power of Attorney? In this blog, we explain why seeking appropriate legal advice is essential during this significant time in your life.
A parenting plan is a written and signed voluntary agreement between parties. It deals with the care, welfare and development of a child.
Going to court to decide family matters brought about by separation and divorce is a difficult and complex process. Learn more here.
A family law matter is between two people whose relationship has come to an end and need to decide on the division of property.
The transformation of drone technology from military tech to widespread use in many areas of the economy, including agriculture, scientific research and real estate, has… Read More » What are the Areas and Sources of Dro…
There are a number of things a tenant needs to do when a commercial lease comes to an end, or the tenant wishes to terminate… Read More » What to Do When You Are at the End of Your Lease – 4 Things to Prepare
Anyone making a will who also has children needs to consider guardianship and how they will be provided for in this important legal document.
How you wish your child to be raised after your passing can be detailed in a ‘Statement of Wishes’ that accompanies your will.
One of the most unseemly things that can occur after a loved one passes away is a family squabble about the terms of the deceased’s will.
In business a frequent cause of disquiet and disruption are disputes around payment terms between an enterprise and its suppliers.
There are many reasons why someone who expected to be provided for in a deceased person’s will might be left out.
A recent decision by the NSW Court of Appeal in March 2020 has given employers some guidance in determining the scope of possible claims under workers’ compensation schemes, even in the highly unusual circumstances of th…
Originating in feudal times, the common law right of a landlord to seize and impound a tenant’s goods to compel payment of arrears in rent has been abolished in most parts of Australia.
While a company or partnership structure carries with it a clear set of legal rights and obligations, the same is not necessarily the case for a joint venture.
Divorce is the official ending of a marriage. The only legal requirement for obtaining a divorce is the “irretrievable breakdown of the marriage.
Important legislative changes in Queensland came into force from 30 November 2020.
In Queensland, leases over state land are granted for various purposes such as grazing, agriculture, tourism, forestry and others as term, perpetual or freeholding leases.
Most parents will have an arrangement in place for spending time with their children, whether it be on a week-to week or an alternating basis.
While most business people have heard of trusts, it’s likely not as many really understand what they are or why you’d use one.
The enforcement of the terms of Development Approvals (DAs) in Queensland is achieved by the Planning Act 2016 (‘the Act’) which…
It is common during a marriage or de facto relationship that the husband, wife or partner made a greater financial contribution through their initial contributions to the marriage or relationship, during the marriage and…
You have reached an agreement with your former spouse. What do you do now? Finalising your agreement into a legal document is important.
The recent Federal Court decision in Brett Cattle Company Pty Ltd v Minister for Agriculture [2020] FCA 732 (‘Brett Cattle’) has implications for future decisions by Federal government ministers in relation to not only t…
Commercial property is an asset class that can provide good returns if you buy at the right time, in the right place, and can install good tenants.
With a 1025 paragraph judgement and an appeal imminent, the Full Bench of the Federal Court of Australia have recently published their reasons for judgement in the matter of WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (“Wo…
A Family Provision Claim (FPA) refers to a claim which a person can make against a deceased estate if they have been left out of a will or have not received sufficient for what is described by the law as their “proper ma…
Casual employment and the consequences for employers of misclassifying employees have been vexed issues since the 2018 decision of the Federal Court regarding the employment of Mr Paul Skene by WorkPac Pty Ltd.
You may have just separated from your partner or have been separated for some time. A division of property remains to be resolved between you.
Usually on the breakdown of a relationship, one party moves out of the matrimonial home, leaving the other party to continue to reside in the property. But what happens if neither party wants to leave or one party wants …
Superannuation like any other property in which a spouse has an interest is available for distribution between them.
In short, this will depend on whether you plan ahead. You can decide in advance who can make decisions for you by preparing a legal document known as an Enduring Power of Attorney (“EPA”).
In short, this will depend on whether you plan ahead. You can decide in advance who can make decisions for you by preparing a legal document known as an Enduring Power of Attorney (“EPA”).
Going into business with close friends or associates as partners is, for many people, an ideal way to realise their entrepreneurial dreams. Like sole trading, a partnership business structure offers many advantages.
While separation may be a difficult and emotional time, which may create uncertainty for you, your children and your partner, some necessary practicalities are involved.
Negative reviews from disgruntled customers are a reality that most businesses will have to face from time to time. But once those negative reviews are anonymously published online, business owners are often powerless to…
Whether you were married, in a de facto relationship, or were never together, if you have a child with someone and then separate from the other parent, in the eyes of the law you continue to have shared responsibility to…
All’s fair in love and war. Or is it? If you are embroiled in a family law matter such as separation or divorce, you may be tempted to do whatever it takes to get your share of the assets, and for the kids to live with y…
If you employ a workforce, chances are you will at some stage be called upon to investigate and adjudicate allegations of employee misconduct. The process can be complex.
A good succession plan has the following characteristics: (1) It must be tailored. Each person and every family is different. A succession plan must be tailored to your specific circumstances.
A good succession plan has the following characteristics: (1) It must be tailored. Each person and every family is different. A succession plan must be tailored to your specific circumstances.
Responding to an employment claim involving former or existing employees can be costly, extremely disruptive and, sometimes, inevitable.
Paper certificates of title are no longer evidence of legal ownership because of recent changes to the Land Title Act 1994 (Qld) which have transitioned from the land titles system in Queensland from a paper based to an …
One of the first and most important things to keep in mind if you are getting separated or divorced is that you can- and should- resolve your property and financial matters as soon as possible.
A number of our clients have recently received a letter from the ATO asking them about the soundness of their investment strategy.
In a recent post, we shared the basics about adverse action claims. Specifically, we discussed what they are, when an employee can make one and how they can do so. In this article we’ll talk about how your business can d…
When we think of an “adverse action” claim, most people think of a disciplinary or termination of employment situation. However, legal issues can also arise when engaging a prospective employee and during the course of t…
Viewed one way, social media is a wonderful modern-day tool, capable of bringing people together and making the world seem much smaller than it really is.
Many people are unaware that if and when they die, the superannuation amount they leave behind is not treated as part of their overall estate.
When a couple decides to separate there are usually a lot of things to attend to at what is a very trying time. Working out where to live, how childcare arrangements will work, and what steps need to be taken to ‘uncoupl…
ON THIS day last year, Rockhampton’s chief steward Luke Collins controlled hisfinalrace meeting, bringing the curtain down on a 10-year career.
The recent banking Royal Commission revealed that even in Australia’s largest, most reputable companies, there can be misconduct and illegal behaviour which it is in the public’s interest to know about.
Recent legislative changes in Queensland have changed the way landholders and resources companies will now negotiate a Conduct and Compensation Agreement (CCA).
Recently, the federal government introduced the Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2018 and the Insolvency Practice Rules (Corporations) Amendment (Restricting Related Creditor Voting Rights) Rul…
Road accidents are shocking, disorienting experiences, made worse if it results in you suffering an injury. Thousands upon thousands of car accidents occur in Australia each year..
Being injured at work can be an enormously traumatic experience, suddenly depriving you of your livelihood while leaving you to deal with a sometimes chronic, long-lasting condition.
The short answer is “sometimes”, provided that it is in the child’s best interests for the name change. It is important to understand that a parent’s wishes are irrelevant when determining what is in the best interests o…
From the age of 18, having a will should be considered a serious priority for everyone. A will is a crucial document not only for its owner, but for all of that person’s family and friends.
“Insolvency” is a term often seen in the headlines recently with the collapse of a number of high profile local companies such as JM Kelly Builders Pty Ltd and Metro Builders, and publicly listed company RCR Tomlinson Lt…
Separation from your spouse or partner whom you have been financially dependent upon can be daunting. It may be particularly worrying if you’ve been absent from the workforce for a while and are unsure whether you will b…
The increase of renewable energy projects across Australia raises a number of important legal considerations for landowners who are considering allowing wind or solar ‘farm’ to operate on their properties.
An unfortunate but sometimes inevitable consequence of preparing your Will is that your loved ones start squabbling over who gets what once you die. But apart from family, many people also prefer to leave some or…
Legislation came into force recently that will affect the way we do business. The Unfair Contracts legislation will potentially affect many of the “Standard Form” contracts we enter into.
Marriage is a huge commitment in life. One of the ways that many couples choose to demonstrate this commitment is by taking the last name of their partner. But in the unfortunate event of a divorce…
Separation or divorce is an unfortunate but common reality for many people. While we commonly assist people with queries about parenting arrangements (formerly known as “child custody” and “visitation”)…
For years, legal and financial professionals have stressed the importance of proper estate planning. We’re told that creating a will and taking all of the associated steps is the best way to…
Last year, the Queensland Parliament created new laws to address concerns about the labour hire industry. These laws (the labour hire licensing regime) took effect on 16 April 2018 when the Labour Hire Licensing Act 2017…
When it comes to family law in Australia, don’t believe everything you hear or read. It is common place for facts to be misconstrued, either because of misunderstandings or highly emotive reporting of only one side of th…
If you’re like most business owners, it’s likely that the sale of your business is going to go towards your retirement fund, yet, unfortunately, most owners are under-prepared…
Earlier this week the Federal Government announced that it would not proceed with any compulsory acquisitions of rural properties for its extension of the Shoalwater Bay Army Training Area….
(THE SUBCONTRACTORS CHARGES ACT 1974) When a head contractor in a construction or building project goes to the wall, the repercussions for contract builders and subcontractors can be severe.
Wills often include provision for beneficiaries to receive their distribution from the estate via a “Testamentary Trust”.
Under the Family Law Act (“the Act”), children have the right to know, be cared for by and spend regular time with both parents.
The Court has the power to make a separate order for the maintenance of one of the parties (“spouse maintenance”). The maintenance is either paid on a periodic basis or calculated…
A question we are often asked by clients is whether having assets in a company or a trust protects them when their relationship, or one of the beneficiaries’ relationships, sours.
Would your business survive? Could you happily continue the business in partnership with the beneficiaries of your deceased partner’s estate (usually his or her spouse or children)?
A shareholders agreement is an agreement between the shareholders of a company that governs how matters that may arise between the shareholders will be resolved.
Electronic conveyancing allows your property transaction to be completed faster, securely and in a more efficient way through the online property exchange PEXA, with the documents needed for property conveyancing…
The Queensland Parliament recently passed legislation to amend the Retail Shop Leases Act 1994. Most amendments are designed to:
