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Author: virtuoso

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virtuoso
Thursday, 03 September 2020

TERMINATING AN EMPLOYEE FOLLOWING AN EXTENDED PROBATION PERIOD? NOT SO FAST!

A recent Fair Work Commission decision highlights the need for employers to take care when terminating an employee following an extended probationary period. In Natasha-Anne Werner v St Michael’s Association [2020] FWC 2896, the employer had extended the employee’s 6-month probation period for a further 3 and a half months. On the last day of the extended
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virtuoso
Friday, 28 August 2020

FORMER “DWYER QUALITY HOMES” COMPANY ORDERED TO PAY $500,000 DAMAGES FOR DEFECTIVE ROOF CONSTRUCTION

In 2007, Mrs Maria Nel engaged Dwyer Corporation Pty Ltd trading as Dwyer Quality Homes, to build her brand new home at Doonan. In 2016 after a severe rain event, a significant amount of water entered the home through the roof. When Dwyer Quality Homes refused to replace the roof, Mrs Nel commenced legal proceedings. After Mrs
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virtuoso
Wednesday, 26 August 2020

FRUSTRATED YET? COURT DECIDES WHETHER CONTRACT FRUSTRATED DUE TO COVID-19

COVID-19 has wreaked havoc on almost every industry, none more so than the hospitality industry. But can the impact of COVID-19 result in your contract being frustrated? The Queensland District Court recently considered whether the outbreak of COVID-19 frustrated a contract for the purchase of a restaurant/bar in Brisbane’s Fortitude Valley. The answer? No. In
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virtuoso
Friday, 21 August 2020

CAN I SELL A CUSTOMER’S GOODS IF THEY WON’T PAY FOR MY WORK?

It’s a sad truth that in tough economic conditions, people are sometimes unable to pay for work that they’ve engaged a business to carry out on their behalf. We see this time and time again, especially in the motor vehicle industry (e.g. mechanic’s workshops), computer repair businesses, spray painting businesses, watch repair, jewelers and many
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virtuoso
Thursday, 13 August 2020

ARE YOU ACROSS THE CHANGES TO THE EVER-EVOLVING BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT?

The Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIFSOP Act) has been amended again. The amendments are wide-reaching and will affect all industry participants. The key changes to the BIFSOP Act are as follows: – Project Bank Accounts are now Project Trust Accounts, with new compliance obligations and penalties. However, full implementation of the regime
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virtuoso
Friday, 24 July 2020

RECTIFICATION WORK DOES NOT RESET THE CLOCK

Does the carrying out of rectification work reset the 6 year and 6 month time limit for issuing a direction to rectify? This is the question that the Queensland Civil and Administrative Tribunal (QCAT) recently considered. The answer is No. The facts of the case are as follows: Practical Completion was achieved in 2009; The
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virtuoso
Wednesday, 08 July 2020

TEMPORARY COVID-19 SAFE HARBOUR LAWS – NOT A GET OUT OF GAOL FREE CARD

Directors have been given a temporary reprieve from the risk of personal liability for their companies’ insolvent trading due to temporary amendments to insolvency laws because of COVID-19. However, this temporary relief only applies to debts incurred in the ordinary course of business between 25 March 2020 and 25 September 2020. The temporary relief is
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virtuoso
Tuesday, 23 June 2020

NEW LAWS TO FIGHT PHOENIXING ACTIVITY – DIRECTORS TO GET A ‘DIRECTOR IDENTIFICATION NUMBER’ FOR LIFE

Under the current framework, ASIC does not verify the personal details of corporate officeholders. As a result, many companies are run under false names. This allows rogue company directors to deliberately avoid paying creditors by liquidating the company, transferring its assets to a new company and continue trading. The Treasury Laws Amendment (Registries Modernisation and Other
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virtuoso
Wednesday, 17 June 2020

COVID-19 ALTERED COURT ARRANGEMENTS – NO EXCUSE FOR FAILING TO APPLY FOR STATUTORY DEMAND TO BE SET ASIDE

A poignant reminder this week that during this COVID period, the Courts will still strictly apply the time limits and requirements for applying to have a statutory demand set aside. In CPR Solutions Mackay Pty Ltd v Zammit Earthmoving Pty Ltd, the respondent served a creditor’s statutory demand pursuant to section 559E of the Corporations Act 2001 (Corporations
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virtuoso
Tuesday, 16 June 2020

DAVID BEATS GOLIATH – A SMALL BUSINESS OWNER TAKES ON A GIANT INSURANCE COMPANY AND WINS!

Did you know, if you are a building contractor who is owed money, you may be entitled to be paid penalty interest on top of the amount that’s owing to you? Axia Litigation Lawyers recently obtained judgement against CGU Insurance Ltd (CGU) in the Court of Appeal, securing an award of more than $240,000 in penalty interest
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