Archived Publications

Here you can find archived articles, updates and publications by Shand Taylor Lawyers.

Shand Taylor conducts largest development settlement via PEXA in Queensland

27 June 2018

The firm is proud to announce that members of the property team, Kasey Zhang (Paralegal), Patrick Sherlock (Lawyer), Jacob Bowman (Associate) and Matthew Shannon (Partner) have assisted prominent local developer Habitat Development Group in selling ...

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So you think subdivision approval conditions are satisfied after plan sealing?

12 April 2018

The recent High Court decision in Pike v Tighe has helpfully clarified for developers and successors in title the ongoing responsibility to comply with...

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When is a Planning and Development Certificate not worth the paper it is written on?

10 April 2018

The Court of Appeal in the matter of Central Highlands Regional Council v Geju Pty Ltd was recently asked to consider whether a trial judge of a lower court had...

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Help! Is my after hours behaviour a workplace issue?

03 November 2017

With the end of year celebrations almost upon us, it is important to be mindful of whether your behaviour as an employee outside of work can affect your relationship with your employer and...

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Development Applications for Building Work & Registered Easements/Covenants

25 October 2017

A recent decision of Her Honour Judge Kefford DCJ in the matter of ISPT Pty Ltd v Brisbane City Council & Anor highlights the importance of...

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Landlords are again prohibited from recovering Land Tax Under Commercial Leases

24 October 2017

Recent amendments to the Land Tax Act 2010 (Qld) (Land Tax Act), again bar landlords from recovering...

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Help! I am being discriminated against at work

03 October 2017

If you believe you have been discriminated against at work there may be something you can do about it...

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Help! I have to “Show Cause” why my employment will not be terminated

09 August 2017

Have you been advised that you are underperforming at work? Are you involved in a workplace investigation or complaint?  These are just a couple of examples which...

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Help! I am “unfairly” being sued by a former employee

07 June 2017

It is not always the “big bad” employer that has the done the wrong thing – sometimes, employees who have had their employment terminated can sue their former employer for...

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Why your ‘security’ may not be as secure as you think

29 May 2017

If you supply or hire goods to customers or include credit terms in your customer agreements then the Personal Properties Securities Register (PPSR) is an important tool that you...

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Federal Budget 2017 – Impact for Property Developers

19 May 2017

In the 2017 Federal Budget, there has been a strong focus on the foreign ownership of property in Australia and there are a number of key changes developers selling overseas should...

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The Good Son: Sibling Rivalry and Estate Claims

11 May 2017

A recent decision of the Supreme Court of NSW has made headlines undoubtedly because it involved a legal fight between twin brothers in connection with the share of their mother’s estate...

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Get Your Lease Default Notice Right or Give the Tenant a Free Kick!

02 May 2017

The Supreme Court of Queensland has recently found that a defect in a breach notice issued by a landlord to a tenant invalidated the landlord’s subsequent termination of the lease, even though...

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Family lending gone wrong: Is it a gift or a loan?

28 March 2017

A recent case highlights the importance of documenting and formalising loans even those made to family members...

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Shand Taylor Lawyers completes historic PEXA E-Conveyance

20 March 2017

About 18 months ago Shand Taylor Lawyers sat down to discuss the potential of E-Conveyancing with Property Exchange Australia Limited (PEXA).  Last Friday, 17 March 2017...

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Changes to Retail Shop Leases Act Commence on 25 November 2016

21 November 2016

Landlords, tenants and managing agents need to be aware of important changes to the Retail Shop Leases Act 1994 (Qld) (Act) which take effect from...

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Freeing Peter

10 November 2016

John Sneddon, a partner in our dispute resolution team, was a member of the team of lawyers, media professionals and family representatives which worked to free Peter and secure his return to Australia.

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Draft SEQ Regional Plan Released

03 November 2016

The State Government has just released the draft new Regional Plan for South East Queensland.  The draft plan is currently open for consultation and is set to be released in final form (and replace the current South East Queensland Regional Plan) in mid-2017. 

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Stamp Duty Abolished on Intergenerational Business Property Transfers

16 June 2016

From 1 July 2016 rural and regional families are set to benefit under the Queensland State Government’s budgetary announcement that stamp duty...

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Shand Taylor Lawyers - Italian Wine Tasting

01 June 2016

Shand Taylor Lawyers recently held an intimate function exploring Italian Wines hosted in conjunction with Carolyna Bol and Alan Featherby of Italian Wine Importers...

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Planning and Development Alert - May 2016

25 May 2016

The Shand Taylor Lawyers Planning, Infrastructure and Environment team is pleased to present our most recent Planning and Development Alert.

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Succession Law Article to appear in upcoming Housing Industry Association - Building News Magazine

18 May 2016

Shand Taylor Lawyers has recently contributed an article in the Housing Industry Association - Building News Magazine. 

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Buyers beware: You are now tax collectors!

13 May 2016

From 1 July 2016 the Australian Taxation Office (ATO) will require all buyers of "Property" over the value of $2m to retain a non-final witholding tax amount...

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Planning for the Future

25 February 2016

Shand Taylor Lawyers, in conjuction with Morgans and Pitcher Partners, are pleased to present our 'Planning for the Future' seminar...

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Contract confusion leads to a herd of trouble

22 February 2016

Disputes concerning the terms and even the existence of a contract are not uncommon. It is important to have an understanding of what can...

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High Court rules independent contracting arrangement a "sham"

03 December 2015

It is becoming increasingly common in Australia for companies to engage workers as independent contractors ...

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FIRB Changes - What This Means for Foreign Buyers and Developers

24 November 2015

From 1 December 2015, the Foreign Investment Review Board (FIRB) is introducing changes to ...

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Agribusiness Update - Spring 2015

03 November 2015

Shand Taylor Lawyers on the move – now at Mosaic Building on Ann Street in Fortitude Valley

It has now been 17 years since...

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Planning Bill 2015

16 October 2015

The draft Planning Bill 2015 and Planning and Environment Court Bill 2015 are currently out for consultation. Comments are to be received by the Department of Infrastructure, Local Government...

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Development Quarterly - Spring Edition 2015

09 September 2015

Shand Taylor Lawyers’ Development Quarterly – Spring 2015 comes with a welcome to the new addition to our Planning & Infrastructure...

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Shand Taylor Lawyers on the Move

01 July 2015

It’s now 17 years since Shand Taylor Lawyers commenced trading from some shared space at Waterfront Place in Eagle Street.  We’ve come  long way since those days and the time has come to say goodbye to our...

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Development Quarterly – Autumn Edition

09 April 2015

Welcome to Shand Taylor Lawyer’s new Development Quarterly, where we sum up some of the significant happenings over the last few months impacting on the development industry...

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Demanding Recovery of Unpaid Debts

24 March 2015

There is nothing more frustrating for businesses than when a company debtor fails to pay a debt.  In these circumstances, businesses don't want to spend time on long and protracted litigation...

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Racial Abuse Causes Strip Club Owners a Honey Pot of Trouble

13 March 2015

For the last 18 months, the Government has been embroiled in a polarising debate surrounding its election promise to replace section 18C of the Racial Discrimination Act. Section 18C makes it...

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Dismissal of Off-Duty Groper OK: FWC

19 February 2015

The dismissal of an employee who groped a barmaid outside work hours at a hotel paid for by his employer was not unfair, according to a recent decision of the Fair Work Commission...

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No Priority Payment for Employee's Wrongful Termination Claim

09 January 2015

In most cases of bankruptcy or liquidation, there is not enough money to go around amongst the creditors.  As a general rule, all creditors are treated equally.  However...

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Court awards woman $733,000 damages in sexual harassment case

07 November 2014

A woman who was sexually harassed by her boss over an extended period of time has received damages of $733,723.00 after the Court heard evidence that she...

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Image Rights as an Athlete: Do you Need Trade Mark Protection?

06 November 2014

High-profile athletes like Michael Jordan and David Beckham have founded global business empires on the careful use of their images. However, the widespread use of...

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Theft of confidential information costs employee $50,000

30 October 2014

Sometimes employers seek our assistance because they believe a former employee has taken copies of confidential documents shortly before tendering their resignation.  When that happens...

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Property developers rejoice!

22 September 2014

Parliament has given the green light to proposed changes for ‘off the plan’ property contracts in Queensland.

Last week...

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Cybersquatting – the new age way to "steal" your name

09 September 2014

Cybersquatting occurs where a person registers a popular domain name in bad faith.  This includes...

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Even the banks have ears...

05 September 2014

The past year has been challenging for Australian agriculture, with uncertain weather conditions leading to drought and...

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Protecting your online presence

23 July 2014

Do an internet search of your business – do you find competing businesses featuring prominently in your search results?  Don’t despair...

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Huge increase in damages for sexual harassment victims

18 July 2014

Changes to community standards call for greater compensation for victims of sexual harassment, according to a Full Federal Court judgement handed down this week.  In a landmark decision, the court has increased the damages...

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Are your contractors really employees?

16 July 2014

The Federal Circuit Court has fined an employer $313,500.00 for engaging in sham contracting.  The Court also ordered the employer to pay...

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Rural Landholders - Opportunity to freehold has now begun

14 July 2014

New land tenure reforms introduced by the Queensland Government from 1 July 2014 create opportunites for rural landholders (lessees)...

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Is it too late to register my lease renewal?

30 May 2014

Amendments to the Land Title Act passed last year may have important consequences for lessors and lessees...

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Development Update - May 2014

09 May 2014

PAMDA is set to be repealed, with the passing of the Property Occupations Bill 2013 by Parliament on 6 May 2014...

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Tweet Your way to Damages

04 April 2014

Our previous article Twitter - a new way to defame highlighted the importance of being careful when...

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How to protect your intellectual property

26 March 2014

What most people don't realise about the Personal Property Securities Act 2009 (Cth) (PPSA) is that in addition to recording a security interest in personal property...

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Privacy Principles Critical Changes

26 March 2014

Changes to Australian privacy laws (under the Privacy Act 1988 (Cth)) came into effect from 12 March 2014, significantly impacting on...

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Protect your assets: Lessor becomes victim of the PPSA

05 March 2014

In early 2013, the NSW Supreme Court delivered Australia’s first major case on thePersonal Property Securities Act 2009 (Cth) (PPSA) in...

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Queensland Law Society's President's Medal

25 February 2014

Shand Taylor Lawyers is pleased to announce that John Sneddon, a partner in our dispute resolution team was awarded the prestigious Queensland Law Society President’s Medal at the annual...

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Does your Australian Will effectively deal with all of your International Assets?

11 February 2014

Where all of a deceased’s assets are located in one state of Australia and the deceased was an Australian resident, estate planning is...

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Enforcement of social media policy outside of work hours

05 February 2014

In the recent decision of Pearson v Linfox Australia Pty Ltd [2014] FWC 446 the Fair Work Commission considered whether it was reasonable for an employer to...

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An unfair abuse of company power - oppression claims by shareholders

15 January 2014

What is "oppression" and who can make a claim for it?

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The Coopers Tradition - Are You Keeping It In The Family?

14 January 2014

Business succession planning is becoming increasingly important for family businesses, heightened by the baby-boomer generation...

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09 December 2013

It has been a long time in the making, but it appears that the Property Agents and Motor Dealers Act 2000 (PAMDA) is finally set to be repealed...

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An iPhone - The New Way To Make A Will?

27 November 2013

A recent decision of the Supreme Court of Queensland has made headlines in Queensland undoubtedly because it involved the acceptance...

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Motorcycle Gang Laws hit Queensland Employers and Employees

31 October 2013

The Queensland Government has introduced controversial new legislation designed to curb the influence of outlaw motorcycle gangs on...

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Is this the start of the property comeback?

18 October 2013

Many economists predict that property will fill the void created by the contracting resources sector.  Despite low interest rates, almost...

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The Usual Suspects - Pets, Water Leaks and Loose Cannons

17 October 2013

Below are summaries of sever recent body corporate decisions.

Pets I: Carrara Park CTS

The by-laws of this scheme...

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PPSR - Time is running out!

20 September 2013

The PPSA represented a significant change in the provision of credit and taking of security.  It has been more than eighteen months on and, for the most part...

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Is Truth a Defence to Defamation?

18 September 2013

In simple terms, yes, truth is a defence to defamation.  This defence is also known as justification.  However, the defence is not always...

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Footy Brawl Highlights Importance of 'Codes of Conduct' to Sports Administrators

11 September 2013

The recent exclusion of a Brisbane junior rugby league team from their grand final demonstrates how sports officials can use their Code of Conduct to control...

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Court Rejects Employer's Bid to Restrain Employee

10 September 2013

A recent case from New South Wales highlights the need for employers to be careful when enforcing restraints of trade against...

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Directors' Defences for Insolvent Trading

04 September 2013

Our previous article, "Are your company directors dutiful?" has already outlined the duties a director owes to...

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Twitter Comments - A New Way to Defame

27 August 2013

The very public dispute between Cronulla captain Paul Gallen and Brian Smith, a former NRL coach over Twitter highlights the importance of...

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Consumer Rights Guaranteed?

26 August 2013

In a recent Federal Court of Australia decision, the Australian Competition and Consumer Commission prosecuted Hewlett-Packard Australia for breaches of the Australian Consumer Law.  In particular...

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Federal Court decision transforms Australian employment contract law

21 August 2013

The Full Court of the Federal Court of Australia has handed down a significant judgment which will affect...

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Directors' Defences for Breach of Duties

15 August 2013

Our previous article "Are your company directors dutiful?" discussed the duties a director is obliged to comply with under...

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Maximum Award of Defamation Damages Increased

09 August 2013

From 1 July 2013, the maximum award of damages that may be awarded for non-economic loss in defamation proceedings has been increased to...

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Are Your Company Directors "Dutiful"?

07 August 2013

Under the Corporations Act duties are imposed on directors of a company.  These duties apply to all directors and cannot be...

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Anti-Bullying, Family Friendly Amendments to Fair Work Act

31 July 2013

The Fair Work Act Amendment Act 2013 was passed by Parliament on 27 June 2013. The Act introduces changes to the way inter-personal disputes are addressed in the workplace and...

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Defamation in a digital age

31 July 2013

Most people are aware of their rights to sue in defamation.  That is, a person can bring proceedings where another person makes a statement about him/her which would...

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Employee wins $300,000 for damages for workplace bullying

22 July 2013

A recent case from Victoria has highlighted the risks for employers...

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To PMSI or not to PMSI?

19 July 2013

We recently had to advise a liquidator in relation to a creditor’s claim under a PMSI. A PMSI (Purchase Monies Security Interest) is a security interest...

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Development Update - 2 July 2013

02 July 2013

A discussion paper on the infrastructure planning and charging framework in Queensland was released yesterday by the State Government. The paper...

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Reminder to Developers of Time Limit for Settlement

31 May 2013

Section 27 of the Land Sales Act 1984 (Qld) requires a developer to "provide a registrable instrument of transfer" (i.e. essentially to be able to settle) within 3 and...

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High-Density Development Easements

27 May 2013

Developing certain forms of attached housing will soon become a little easier following recent legislative amendments which provide for the creation and...

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The double life of a deposit

24 May 2013

The Queensland Court of Appeal has recently handed down a judgement which reaffirms the dual character of a deposit paid under a contract...

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Noisy Neighbours: The Body Corporate needs to do its homework

23 May 2013

A recent adjudicator's order in GC3 [2012] QBCCMCmr552 highlighted that, despite beste intentions, drafting of by-laws that are too specific...

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Timeshare Arrangements

01 May 2013

It often starts when people are relaxed and on holidays...

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Development Update April 2013

29 April 2013

The State Government has released for public consultation a Draft State Planning Policy (SPP), which will replace the...

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Eight Easy Steps to Prevent Litigation

22 April 2013

Our previous article, “Why should I avoid litigation” set out the key reasons why...

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Why Should I Avoid Litigation?

22 April 2013

Commercial litigation involves disputes about a wide variety of matters including...

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Oracle Sexual Harassment Case - A Timely Reminder to Employers

18 April 2013

The case of Richardson v Oracle Corporation Australia Pty Ltd [2013] FCA proves a timely reminder to employers of the...

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Creditor's Statutory Demand

22 March 2013

The Western Australian Supreme Court of Appeal in Commonwealth Bank of Australia v Garuda Aviation Pty Ltd [2013] WASCA 61 has found that a creditor’s statutory demand...

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Body Corporate Changes

22 March 2013

Body Corporate and Community Management and Other Legislation Amendment Bill 2012 (Qld) was passed in parliament on the 19th March 2013. The effect of this legislation will...

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Development Update – February 2013

18 March 2013

On 1 February 2013 a new planning and development authority known as the Minister for Economic Development Queensland (“MEDQ”) commenced...

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Director Penalty Notice Regime

18 March 2013

The amendments to the tax administration law received royal assent on 29 June 2012.  These amendments altered the previous Director...

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Queensland Government Seeking to Simplify Residential Sales Contracts

18 March 2013

It is proposed that the Property Occupations Bill 2013 will be one of four new bills for legislation to replace the current...

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Resettlement of Trusts

18 March 2013

The consideration of whether a trust resettlement has occurred when making variations to a trust deed has great significance from...

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ACC Report: Organised Crime and Drugs in Sport

18 March 2013

Last week, professional sport in Australia was placed under the national and international media spotlight when the Australian...

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Reform for the Australian not for profit (NFP) sector

18 March 2013

The ACNC was established under the Australian Charities and Not-for-Profit Commission Act 2012 (ACNC Act) which...

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Wake-up Call for Litigants: The Fair Work Commission Gets Tough on Costs

18 March 2013

Could recent changes brought by the Fair Work Amendment Act 2012 result in a greater likelihood of the settlement of unfair dismissal claims...

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