ArticleSelf-Managed Super Funds (SMSFs) and estate planning: Consider a Binding Death Benefit Nomination (BDBN)The question of succession of the role of trustee of a SMSF loses much of its significance if a BDBN is put in place.AustraliaFamily and MatrimonialThynne & Macartney
ArticleBiosecurity Queensland – Are you up to date with the changes?A biosecurity risk exists when you deal with any pest, disease or contaminant, or with something that could carry one.AustraliaReal Estate and ConstructionThynne & Macartney
ArticleHave you reviewed your standard form contracts?Businesses should review their standard form contracts for unfair terms to ensure they do not fall foul of the new laws.AustraliaCorporate/Commercial LawThynne & Macartney
ArticleJohn Moore's guide to merging part 1: no suprises before marriageMerging or acquiring another company (M&A's) can be a long and complicated procedure, fraught with hidden pitfalls.AustraliaCorporate/Commercial LawThynne & Macartney
ArticleWhen can employment be terminated for absence from work due to injury or illness? When can you terminate a malingerer?Employers should be very careful when considering termination of an employee absent due to illness.AustraliaEmployment and HRThynne & Macartney
ArticleLandholders in Queensland were bound by a gas agreement they did not signThe case reminds landholders to engage carefully in the resources-friendly land access regime that exists in Queensland.AustraliaReal Estate and ConstructionThynne & Macartney
ArticleSurely you cannot be serious? Serious misconduct and unfair dismissal.Valenzuela decision highlights that employers must seriously consider any potential dismissal based on serious misconduct.AustraliaEmployment and HRThynne & Macartney
ArticleInsurance brokers successfully defend $10 million negligence claimThe obligations of the insurance broker were limited to providing broking services to its clients, not to third parties.AustraliaInsuranceThynne & Macartney
ArticleLabour hire and unfair dismissals – Is a dismissal unfair if the host employer excludes the employee?The Commission will look at all the circumstances of a case, as are relevant, to determine whether a dismissal is unfair.AustraliaEmployment and HRThynne & Macartney
ArticleCommon Provisions Act - reforms will benefit the resources industryThis Act aims to reform the land access framework in Queensland, between resource authority holders and landholders.AustraliaEnergy and Natural ResourcesThynne & Macartney
ArticleThe death of a pet: An argument for unfair dismissal?A worker should always be given an opportunity to respond or explain their behaviour before a termination occurs.AustraliaEmployment and HRThynne & Macartney
ArticleThe mechanics of dismissal – Could the demotion of an employee lead to an unfair dismissal claim?As a result of the wording of the Act, the demotion of an employee, who still remains employed, may constitute dismissal.AustraliaEmployment and HRThynne & Macartney
ArticleCruising along: clause forfeiting fare for cancelled cruise - unfairA clause to cancel a scheduled cruise and forfeit all fares paid was an "unfair term" under the Australian Consumer Law.AustraliaTransportThynne & Macartney
ArticleSmooth grazing – trouble-free agistmentHow can you avoid agistment-related disputes in the first place, and how could you resolve these disputes if they arise?AustraliaReal Estate and ConstructionThynne & Macartney
ArticleThink The PPSA Doesn't Apply to Real Property? Think Again …Personal Property Securities Act 2009 and who has the best ownership of chattels located on land.AustraliaConsumer ProtectionThynne & Macartney
ArticleUnrequited office romance – when does it become sexual harassment?Employers should have robust policies and training dealing with avoidance of adverse behaviour and sexual harassment. AustraliaEmployment and HRThynne & Macartney
ArticleCasual employment - Is it as casual as it appears?If the employment lasts for a reasonable period of time, it could provide certain rights and entitlements to the worker.AustraliaEmployment and HRThynne & Macartney
ArticleUnfair dismissal claims and costs orders: Are they possible?Parties before the Fair Work Commission generally bear their own costs, but this case shows that this is not always so.AustraliaEmployment and HRThynne & Macartney
ArticlePosts on social media – Do they give grounds for termination?If social media policies are put in place by an employer, it is very important that employees are made aware of them.AustraliaEmployment and HRThynne & Macartney
ArticleGreat Barrier Reef Marine Park – recent offences updateFailure to adhere to regulations governing shipping on the Reef can, and often does, result in costly fines and delays.AustraliaTransportThynne & Macartney