2024-04-11 06:16
After months, or often years of waiting on a decision from the Department of Home Affairs (DHA), receiving a refusal notice can be a stressful experience. Whilst the Administrative Appeals T… Read More
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We are a market-leading full-service law firm with a wealth of experience in business and personal legal services.
We pride ourselves on delivering strategic solutions and providing peace of mind to our clients across Australia and South-East Asia.
2024-04-11 06:13
Australian businesses are facing a persistent challenge: a shortage of skilled workers. Building and construction workers such as architects, carpenters, cabinet makers and joiners are in hi… Read More
2024-04-11 06:10
Appealing a visa refusal decision at the Administrative Appeals Tribunal (AAT) can be a daunting and complex process. Many applicants feel overwhelmed and unsure if they need assistance in n… Read More
2024-04-11 06:06
A common concern when drawing up a construction contract (as with most contracts) is what happens if a party fails to comply with their contractual obligations? One possible answer is that t… Read More
2024-04-11 06:03
For company directors who have reasonable grounds to suspect they’re at risk of business insolvency, forging a path forward can feel like navigating a series of blind corners. In times… Read More
2024-04-11 05:59
Are you a licensed contractor who’s been ordered by the Queensland Building and Construction Commission (QBCC) to rectify defective work, remediate damage to a property neighbouring a… Read More
2024-04-11 05:55
There are few things more frustrating for tradespeople in the building industry than having to chase up owed money after completing work on a project. Whether you’re the head contract… Read More
2024-04-11 05:53
A notice of assignment of debt is required by Queensland law when a debt is assigned to a new creditor. Issued to the debtor, it essentially documents that the debt has been transferred from… Read More
2024-04-11 05:49
We all the common business saying “time is money”, and commercial disputes are an unfortunate reality that can end up costing you in both of these commodities. Whether you’… Read More
2023-12-04 01:53
NEW CHANGES ANNOUNCED TO AUSTRALIA’S PARTNER VISA PROGRAM
WHAT IS HAPPENING?
As of 24 November 2023, there is no longer a distinction between ‘onshore’ and ‘offshore… Read More
2023-11-23 09:10
TRAINING (SUBCLASS 407) VISA
FREQUENTLY ASKED QUESTIONS
WHAT IS A TRAINING (SUBCLASS 407) VISA?
The Training visa allows an Australian organisation to sponsor overseas candidates to undertak… Read More
2023-11-13 23:01
What is happening?
The Australian government is implementing another measure following the release of the Parkinson Review earlier this year, and in doing so, will once again create a cleare… Read More
2023-11-08 03:19
What are the duties of a mortgagee in exercising a power of sale and do those duties extend to a sale by a liquidator?
In QNI Resources Pty Ltd & Anor v Vannin Capital Operations Limited… Read More
2023-11-08 00:05
The Issue
Real estate commission disputes can cause significant delays in property transactions and strain relationships between agents, buyers, and sellers.
Most Real estate commission disp… Read More
2023-10-30 03:26
Developers (as sellers) should be aware that any ‘off the plan’ sale contract they prepare or negotiate may be subject to the Australian Consumer Law’s (ACL) ‘unfair… Read More
2023-09-05 00:34
For employers, juggling superannuation obligations and distinguishing between employees and contractors can be a puzzle. This article acts as your guide through this maze, offering clear ins… Read More
2023-08-17 06:31
RECENT JUDGEMENT SPELLS POTENTIAL DISASTER FOR BUILDERS SEEKING TO CLAIM CONTRACT PRICE CHANGES IN RESIDENTIAL CONSTRUCTION FOR THOSE USING INDUSTRY STANDARD CONTRACTS.
The Australian reside… Read More
2023-07-13 02:18
A new approach to the application of section 459S: In the matter of Garslev Holdings Pty Ltd [2023] NSWSC 609
The Supreme Court of New South Wales’ matter of Garsley Holdings concerne… Read More
2023-06-06 00:36
What is the Illicit Drugs Court Diversion Program?
The Illicit Drugs Court Diversion Program is also commonly known as “CDP” or court-ordered drug diversion. CDP is a sentencing… Read More
2023-04-26 10:04
Commercial leases usually contain provisions granting a lessee an option to renew a term of the lease upon the fulfillment of certain conditions. Lessors can refuse to grant those options in… Read More
2023-03-29 03:03
When a person is charged with a criminal offence, the matter progresses through the criminal justice system in Court. A defendant may choose to plead guilty and have the matter proceed by wa… Read More
2023-03-27 01:32
In Queensland, a person who attempts to obstruct, prevent, pervert, or defeat the course of justice is guilty of a crime (see section 140(1) of the Criminal Code Act 1899 (Qld)), The maximum… Read More
2023-03-23 07:16
When it comes to selling a business, the process can be profitable and complicated. Nevertheless, it is critical for both parties to the transaction to understand how misleading or deceptive… Read More
2023-03-23 06:51
With more than 100 influencers under its microscope, the Australian Competition and Consumer Commission (ACCC) is scouring social media for ‘misleading testimonials and endorsements by… Read More
2023-03-17 06:11
Earlier this month, Zoe Kansky instructing Barrister, Damian Walsh appeared in the District Court for our client charged with assault occasioning bodily harm. It was alleged that our client… Read More
2023-03-09 04:52
Contract terms
Between signing a contract to sell a business and settlement a Seller will, usually in most standard contracts, have a contractual obligation to “carry on the business i… Read More
2023-03-08 00:33
The Daily Mail has been successful in appealing an earlier decision of Justice Bromwich, in the Federal Court case of Dailymail.com Australia Pty Ltd v Erin Molan [2023] FCAFC 26. The appeal… Read More
2023-03-07 01:18
“Reliance Damages” is the term used when a party who expends money in reliance upon a contractual promise by another to do something may recover damages if the promise is not ful… Read More
2023-03-06 01:51
Introduction
In Australia, just like in other jurisdictions, corporations are regarded as separate legal entities from their directors and shareholders. This means that a company has its ow… Read More
2023-03-02 02:45
Since as early as 2020, the Australian Federal Government has sought to address the issue of illegal phoenixing. Illegal phoenixing refers to the act of abandoning a company by transfe… Read More
2023-02-26 23:39
There may be various situations when a Landlord and a Tenant are not immediately in a position to enter into a lease and commit to the responsibilities that follow. In these circumstances, t… Read More
2023-02-26 23:30
When setting up a website, it is important to give proper consideration to creating a terms and conditions agreement and privacy policy that best protects you and your business.
What are we… Read More
2023-02-23 04:06
On 21 February 2023, a new bill was presented in Parliament titled the Strengthening Community Safety Bill 2023 (‘the bill’).
One of the changes proposed by the bill is to reint… Read More
2023-02-20 00:08
Magistrates have the power to dismiss charges for defendants who were of unsound mind or unfit for trial under s 172 of the Mental Health Act 2016 (Qld). For s 172 to apply, the Court… Read More
2023-02-13 00:16
On 8 February 2023, the High Court of Australia delivered its judgment in the case of Bryant & Ors v Badenoch Integrated Logging Pty Ltd [2023] HCA 2, concerning the long-standing &ldquo&hell…Read More
2023-02-13 00:16
Understanding the impact of the different stages of personal relationships on your Will is vital to ensuring that your intentions and wishes are carried out in dealing with your assets after… Read More
2023-02-10 03:01
It seems ripped from the pages of Ready Player One. But, the Metaverse – a parallel, virtual universe promising endless possibility – is here. While some view it as a marketing e… Read More
2023-02-10 03:01
Traditional paper settlements will soon become a thing of the past as Queensland introduces mandatory eConveyancing for selected instruments and documents. The mandate will come into effect… Read More
2023-02-09 04:56
The New South Wales Court of Appeal has affirmed in the recent judgment of Royal Caribbean Cruises Ltd v Rawlings [2002] NSWCA 4, the District Court’s common law justification Defence… Read More
2023-02-09 04:54
The role of defamation proceedings in protecting and repairing the surgeon’s reputation
Defamation is an area of law, that aims to balance the right to freedom of expression and the ri… Read More
2023-02-09 04:54
Late in December 2022, in a judgment heard in the District Court of New South Wales, Michael Finch, litigation partner at Rostron Carlyle Rojas Lawyers in Sydney, represented the plaintiff… Read More
2023-02-08 05:08
AFAD is an additional 7% transfer duty that applies to foreign acquirers only who purchase residential property in Queensland on or after 01 July 2018. You are considered a foreign person fo… Read More
2023-02-08 03:57
Insolvency practitioners have now received the court’s ruling as to reliance on section 553(c) of the Corporations Act 2001 (Cth) (“the Act”) set off as a defence to an unf… Read More
2023-02-07 05:57
Thinking of giving money to your kids to assist in buying a property?
Think carefully and take legal advice.
In Koprivnjak v Koprivnjak [2023] NSWCA 2, a father advanced $75,000 to his… Read More
2022-12-15 06:32
In Queensland, the Acquisition of Land Act 1967 (the Act) enables State or Local Governments or a person authorised by the Act (a constructing authority), to acquire privately owned land for… Read More
2022-12-15 06:31
Tyronne Thomas appeared instructing Counsel before the Brisbane District Court in October 2022 in relation to a trial for a client charged with 8 counts of “uttering counterfeit money… Read More
2022-12-01 00:09
When purchasing a business, it is important to make sure that certain restraints are established to ensure the viability of the business moving forward. If these are not put into place, the… Read More
2022-11-25 00:59
On 1 November 2022, the Reserve Bank of Australia determined to increase the cash rate target by 25 basis points to 2.85 per cent. This was largely in response to both domestic and foreign m… Read More
2022-11-25 00:45
Settlement day is the most important day of any property transaction for both the Vendor and the Purchaser. Settlement day is when the ownership of the property exchanges hands, the Purchase… Read More
2022-11-24 01:20
In episode 56 of the Professional Builders Secrets podcast, we’re joined by Paul Rojas, Managing Partner at RCR Lawyers. Throughout this episode, Paul explains the importance of a pro… Read More
2022-11-22 03:34
WHAT IS AN INJUNCTION?
An injunction is a common remedy to protect a party’s rights. There are different types of injunctions, such as a final injunction, which looks to prevent future… Read More
2022-11-22 02:22
Section 340(1)(b) of the Criminal Code 1899 (Qld) establishes the offence of assault against a police officer whilst the officer is acting in the execution of their duty. The maximum penalty… Read More
2022-11-17 00:33
What are Director Identification Numbers?
In an effort to curb phoenixing activity and fraud, the Commonwealth government are implementing director identification numbers (“DIN… Read More
2022-11-16 00:05
Senior Associate, Tyronne Thomas, appeared before the Brisbane Supreme Court on Friday, 11 November 2022 where he made an application to vary his client’s bail. His client was granted… Read More
2022-11-07 03:32
There are many reasons to engage a law firm or a solicitor to assist you with a legal matter that you may be experiencing. This article will describe the top 10 reasons why seeking legal adv… Read More
2022-10-27 04:22
The use of DNA evidence is essential for prosecution authorities in criminal law cases. The use of DNA as evidence can help identify whether an offender is responsible for a crime, or altern… Read More
2022-10-21 00:40
If a police vehicle gives a driver of a vehicle a direction to stop, the driver commits an offence if they do not stop the motor vehicle as soon as practical if it is reasonable to do so in… Read More
2022-10-18 03:49
There are certain requirements for foreigners intending to own residential real estate property in Australia. Generally, foreigners can only purchase new residential dwellings in Australia… Read More
2022-10-18 00:55
Key legislation exists in Queensland that applies to the building industry broadly (e.g. the Building Industry Fairness (Security of Payment) Act 2017 (QLD)), with certain legislation applyi… Read More
2022-10-18 00:54
The duty of disclosure arises automatically once a party commences legal proceedings in a Queensland Court against another party, but what is disclosure?
Disclosure is an obligation on each… Read More
2022-10-18 00:54
What is constructive trust?
A common question we are asked is, what is a constructive trust agreement? Constructive trusts are a trust that may be imposed by the Court where inequitable or u… Read More
2022-10-18 00:53
No one likes paying fines. As many of us are aware who have received a fine (or a few), these fines are debts that may begin as any of the following:
an unpaid infringement notice or fine (e… Read More
2022-10-18 00:52
Bankruptcy and insolvency are concepts that can be confused as meaning the same thing or are not properly understood. A brief discussion of these concepts, their implications, and how RCR is… Read More
2022-10-14 06:27
Wills commonly make provisions for children without specifying who is a child. This may seem to be an obvious answer but legally there are different implications for ex-nuptial children, ado… Read More
2022-10-12 03:48
One of the key issues in any action to enforce a restraint of trade is whether the terms of the restraint are reasonable to protect the legitimate business interests of the party seeking to… Read More
2022-10-11 03:42
In September, Zoe Kansky finalised a Brisbane District Court matter with Counsel involving 20 counts of supplying street-level quantities of methylamphetamine and cannabis. Our client was 25… Read More
2022-10-09 23:55
When you have invested or otherwise provided money to another entity, or when you have provided goods or services before payment is received, there is always a chance that the entity (a debt… Read More
2022-10-05 01:48
It is an exciting time when a home is due to be constructed or renovated, however, this process does not often run as smoothly as expected. A common issue that arises concerns residential bu… Read More
2022-10-04 04:34
When can a contract be formed based upon the conduct of a party?
It frequently happens that parties fall into disagreement about the terms of a contract where there are multiple offers and… Read More
2022-09-19 00:55
In addition to cash contributions, it is possible for members to transfer certain assets into a Self Managed Super Fund (SMSF) despite the general rule that a SMSF must not intentionally acq… Read More
2022-09-12 01:22
Recent damages awards for breaches of the General Protections provisions of the Fair Work Act indicate an increasing trend to award significant sums for psychological distress and conditions… Read More
2022-09-09 04:35
Challenging a will sometimes involves delving into the unpleasant world of unconscionable acts where people are under special disadvantages or disabilities.
When can payments by a father suf… Read More
2022-09-01 01:38
Disputes frequently arise where one party to an agreement seeks to rely upon implied terms to assist them in trying to enforce the agreement.
In Hobhouse v Macarthur-Onslow [2022] NSWCA 158… Read More
2022-08-16 02:11
Zoe Kansky appeared in the Beaudesert Courthouse in relation to a drink drive offence for a 37-year-old client charged with high range drink driving.
In Queensland, a breath alcohol concentr… Read More
2022-08-16 02:05
Zoe Kansky recently represented a client in relation to the theft over $87,000.00 cash from her employer over the course of about eight months. She was eventually discovered due to discrepan… Read More
2022-08-16 01:11
Our client was charged with stealing a trailer containing stock valued over $350,000.00. Zoe Kansky and Counsel negotiated several contested facts prior to our client pleading guilty to this… Read More
2022-08-16 00:58
Zoe Kansky recently appeared in the Cleveland Magistrates Court for a young client charged with public nuisance and wilful damage. Our client was evicted from a local bar, arrested for his l… Read More
2022-08-12 05:47
If you are selling or purchasing a business and the business is operated at a premises under a lease, the transaction would necessarily include assignment of the lease (also known as transfe… Read More
2022-06-24 05:22
Disputes over wills frequently involve the “unholy trinity”:
testamentary capacity,
eligibility to claim and
whether proper provision has been made for a party.
A recent de… Read More
2022-06-24 05:16
The ongoing effects of the pandemic combined with the current construction boom is causing an increase in price for both labour and materials in domestic building works. Under an HIA contrac… Read More
2022-06-24 04:46
Earlier this month, an American Court delivered its judgement in the enormously publicised defamation case brought by Johnny Depp against his former wife, Amber Heard. The defamation case is… Read More
2022-05-31 05:46
2022 has started off being an exciting year, both in the UK and in Australia, for defamation participants and watchers.
In the UK, 2021 ended with the appeal judgment in the exciting and unp… Read More
2022-05-31 05:45
NEW FRANCHISING PENALTIES
The Competition and Consumer (Industry Codes – Franchising) Amendment (Penalties and Other Matters) Regulations 2022 (Penalty Regulations) was published… Read More
2022-05-25 23:15
During the release of the 2020 Budget, the Federal Parliament unveiled what was referred to as the Digital Business Plan. This was a suite of changes to be implemented between 2021 and 2024… Read More
2022-05-12 07:04
Entering into a mortgage is a huge responsibility, and for most people, it is their biggest financial commitment. If not considered carefully, a mortgage can have a significant impact on you… Read More
2022-05-03 06:15
There are two common ways to dispose or acquire a business:
a business sale where ownership of the business assets gets transferred; and
a share sale where the business is owned by a compan… Read More
2022-05-03 04:22
If a party to a contract for the sale of property dies during the period after exchange and prior to completion, the contract remains enforceable subject to any special conditions dealing wi… Read More
2022-04-14 00:27
OVERVIEW
On 9 February 2022, a new Bill[1] was introduced into the House of Representatives to introduce a civil penalty regime prohibiting the use and reliance on unfair contract terms in s… Read More
2022-04-13 01:35
With builders suffering financial distress from material price increases related to fixed-price contracts, cost escalation clauses might be the saviour for eligible contracts. Drafted approp… Read More
2022-04-06 00:08
Call Option Agreements have become increasingly popular amongst property investors and developers in New South Wales, providing an alternative method of transacting to the traditional contra… Read More
2022-04-05 23:58
NSW COVID-19 leasing laws have recently been relaxed in favour of landlords. The recent amendments are advantageous to landlords seeking to recover possession of their properties as they pro… Read More
2022-04-05 23:51
The Queensland’s Department of Resources (which is the governing authority for the Queensland Titles Registry) is currently undertaking a six weeks consultation on a new Land Title Reg… Read More
2022-03-23 07:28
The recent flooding in New South Wales has left several communities destroyed and uninhabitable. Those currently in the process of selling or purchasing property within the affected areas wi… Read More
2022-03-23 07:21
The defence of innocent dissemination is consistent across all Australian states and provides a publisher with relief from liability for defamation if the publisher of the material is able t… Read More
2022-03-23 07:10
Recently we acted for a client who sought to set aside a statutory demand with which they were served. In that matter, there appeared to be a genuine dispute as to the debt claimed (outstand… Read More
2022-03-23 06:56
Unconscientious exploitation of borrower’s special disadvantage
The High Court has clarified the law in relation to what will amount to unconscionable conduct in lending transact… Read More
2022-03-23 06:47
If you are the executor
An executor must locate the last will of the deceased in order to administer the estate in accordance with the will.
The deceased may have before death inform… Read More
2022-03-16 06:08
The recent unprecedented floods in Queensland and New South Wales have had devasting effects on a range of homes, businesses and industries. If your home or business has been damaged b… Read More
2022-03-16 06:02
Probuild and a group of related companies went into voluntary administration on 24 February 2022, with the First Creditors’ Meeting being carried out on 4 March 2022. During this meeti… Read More
2022-03-16 05:57
A right of first refusal grants one party certain rights before these rights becomes available to anyone else. In the context of a property or leasing transaction, it is usually a contractua… Read More
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