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News
We have a number of resources to keep you updated on the latest news and legal issues. In this section you can find updates on legal issues, articles published and presentations by our professional staff, plus Mullins Lawyers media releases.
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The concept of high-density development easements has recently become law, with effect from 14 May 2013. This is the result of recent changes to the Land Title Act 1994.
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As you are aware the Liquor and Gaming (Red Tape Reduction) and other Legislation Amendment Bill 2013 has been passed and is now the Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013.
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Last night the Parliamentary Committee published its report.
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Google has had a win in the High Court in successfully defending a claim by the ACCC, which had alleged that Google's search results were misleading and deceptive. The ACCC's claim was based on the "sponsored links" which are paid for by advertisers to appear (via Google's Adwords Product) on Google's website and the selection of "keywords" which are relevant when displaying search results.
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In Australian Securities and Investments Commission v ActiveSuper Pty Ltd; ACN 143 832 053 Pty Ltd; Burrows and Gibson (No 1) [2012] FCA 1519, the Federal Court revisited the principles relating to the appointment of provisional liquidators over foreign corporations under the Corporations Act 2001 (the Act). The decision itself involved an interesting set of factual circumstances.
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A summary of the latest results from the March 2013 Public Trustee sale of gaming machine operating authorities for hotels.
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A recent QCAT decision of White v Downes [2012] QCAT 450 again highlights the importance of retail landlords being aware of and complying with its notice obligations in the context of options to renew.
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You will recall our Mullins Update in October 2012 which provided you with some information about the introduction into Parliament of the Body Corporate and Community Management and Other Legislation Amendment Bill 2012. This is to let you know that the Bill was passed (with some minor amendment) on 19 March 2013 and the Act was assented to on 27 March 2012.
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In Ley v Woolworths Limited [2013] QSC 59 the Claimant was a butcher and was required to carry boxes of meat weighing up to approximately 25kg at or above shoulder height and to lift the boxes in cramped conditions.
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Following amendments to the Paid Parental Leave Act 2010 (Cth) Dad and Partner Pay is now available to eligible working dads and partners (including adopting parents and same-sex partners) who care for a child born or adopted from 1 January 2013.
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In recent times clients have told us that they have received an increasing number of unsolicited approaches, touting for payment in relation to their IP rights and in particular their Australian registered trademarks. There are a number of ways in which these approaches are presented
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The Federal Government and the Australian Crime Commission held a press conference last week and handed down the Australian Crime Commission's Report headed Organised Crime and Drugs in Sport. Since that time Australian sport, and in particular AFL and NRL, have been under a cloud of suspicion as to the extent of performance enhancing drug use and the involvement of organised crime.
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From 1 February 2013 the Building Code 2013 outlines standards for all participants in Commonwealth funded construction projects.
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Federal Minister for Mental Health and Ageing, the Hon. Mark Butler has accepted key recommendations made by the Aged Care Financing Authority that will provide greater consumer protection for aged care residents and increased government funding for the improvement of facilities.
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In a report tabled on 4 February, the Legal Affairs and Community Safety Committee has recommended that the Commercial Arbitration Bill 2012 (Qld) be passed by the Queensland Parliament. This is the final step in the process of bringing the state into alignment with the original reforms proposed by the Standing Committee of Attorneys- General (SCAG) back in 2010 as a response to the increasingly litigious nature of arbitration in Australia.
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Facebook, Google, Yahoo! and Microsoft have agreed to co-operate with the Federal Government on the control of cyberbullies
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The Fair Work Amendment Act 2012 received Royal Assent on December 4, 2012 and introduces a raft of changes to the original 2009 legislation that the Government envisages will help to further reinforce the effectiveness of Australia's workplace relations watchdog.
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Mansi v O'Connor & Ors [2012] QSC 336
On 2 October 2012, Her Honour Justice Ann Lyons found one of six identified cement trucks was, on the balance of probabilities, responsible for causing a motor vehicle accident despite the fact that no witness could attest to the vehicle's registration details or identify the drive
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It is nearly thirty years since the Land Sales Act 1984 came into force. There have been some minor amendments made over the years, but the Queensland Government is now conducting a full review. The expectation is that a Bill will be introduced sometime in 2013.
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On 23 November 2012 McMeekin J held in Armstrong v Allianz Australia Insurance Limited and another [2012] QSC 370 that a faxed Offer to Settle pursuant to rule 361 of the Uniform Civil Procedure Rules must be certain.
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There has been a lot of conjecture recently regarding what the unfair dismissal high income threshold is and how it is calculated, which applies under the Fair Work Act 2009 (Cth).
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On 10 October 2012, His Honour Douglas J considered whether settlement monies paid within the time allowed by an order for sanction could still be subject to interest under s 48 of the Supreme Court Act 1995 (Qld).
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The new State Government has taken steps to reverse the controversial 2011 Amendments regarding lot entitlements adjustments, by the introduction of the Body Corporate and Community Management and Other Legislation Amendment Bill 2012 ("the Bill"). It is anticipated that the Bill will become law by the end of November 2012.
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In the Supreme Court of Queensland decision of Wolters v The University of the Sunshine Coast [2012] QSC 298 delivered on 5 October 2012, Applegarth J found the University of the Sunshine Coast ("the University") had breached its non-delegable duty of care to the Plaintiff, however did not accept the breach of duty caused the Claimant's injury.
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In the unfortunate circumstances where an employee must be dismissed it is important to follow the principles of natural justice and procedural fairness to reduce the risk of a successful unfair dismissal claim in Fair Work Australia.
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The Full Federal Court recently considered whether a trustee in bankruptcy can have recourse to the non-divisible property of a bankrupt for the payment of his or her reasonable remuneration and outlays in relation to the care, preservation, realisation and distribution of such non-divisible property.
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While some people seem to have a relaxed attitude to material which is posted on the internet and social media sites, that is far from the legal position. Businesses that fail to maintain and monitor their social media sites including user posts, do so at their own risk.
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On 19 September 2012, His Honour Douglas J considered whether a psychiatric condition constituted a legal disability sufficient to extend the limitation period.
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legislation will be introduced to secure funding for community programs
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mullins lawyers celebrates a significant milesstone in the firm's history.
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