If you’ve ever been on the internet, you’ve more than likely come across a troll comment. The comments can range from harmless to crippling – often having direct impact on a person’s brand, image or self-esteem. A new Bill proposed by the Coalition aims to help everyday Australians ‘unmask’ those behind the comments in an
BEFORE INSTITUTING LEGAL PROCEEDINGS SEEKING MONETARY DAMAGES, CONSIDER YOUR POSITION CAREFULLY. A recent defamation case in which the plaintiff was awarded only $100 in damages serves as a pertinent and timely reminder to those persons who have been defamed on Facebook or other social media platforms, and are considering instituting legal proceedings, to ensure that
It was decided 410 years ago, in the English case of Aldred’s Case (1610) 9 Co Rep 57B, that a landowner isn’t entitled to any legal remedy at common law if trees obstruct the landowner’s view. This position was adopted by Australia in 1973. Some 400 years later, the Neighbourhood Disputes (Dividing Fences and Trees)
On 1 October 2020, some changes were made to the Queensland Building and Construction Commission Act 1991 (Qld) (the QBCC Act), the Building Industry Fairness (Security of Payment) Act 2017 (QLD) (the BIF Act) and the Building Act 1975 (Qld) (the Building Act). These changes are very important for those who work in the building
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
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
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
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
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
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