Borrowing Dulls the Edge of Friendships

Case Note: Richardson v Wagner [2021] QDC 24 In the immortal words of William Shakespeare’s ‘Hamlet’: “Neither a borrower nor a lender be; For loan oft loses both itself and friend, and borrowing dulls the edge of Husbandry”[1]. Put simply – loans and relationships often do not mix well. This principle was clearly on display … Read more

What you need to know before you sponsor an employee under the Temporary Skills Shortage Visa?

The Temporary Skills Shortage (‘TSS’) Visa allows Australian employers to sponsor foreign or international workers. The fundamental benefit of this visa program is the ability for Australian employers to acquire foreign workers with critical skills and experience the employer would otherwise be unable to find within the Australian program. This can be an important opportunity … Read more

Employment Law Developments – 2021: Part 1

DEVELOPMENT 1:  IR Omnibus Bill The Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (“the Amendment Act”) received royal assent on Friday 26 March 2021. The Amendment Act seeks to resolve and clarify the uncertainty surrounding casual employment arising out of two major 2020 Full Federal Court decisions[1]  dealing with the substantive … Read more

COVID-19, Business Downturn & Unlawful Stand downs

The recent decision of Buttress v Preston James 1 Pty Ltd (2020) reads as a caution to employers considering a stand-down under section 524 of the Fair Work Act (“the Act”), for COVID-19 related business downturns, this is particularly now where circumstances appear to be on the up. Background: Ms Buttress (the Applicant) commenced her … Read more

Coercive control: Should it be criminalized?

Coercive Control A little over a year has passed since Hannah Clarke and her three children had passed away.[1] This event has captured significant public attention which has led to discussions regarding the need to make legislative changes to prevent the recurrence of such a horrific act of violence. A particular point of discussion raised … Read more

COVID-19 Commercial Leasing Regulations in practice: Landlord restrained from taking action against tenant

Many months have passed since the arrival of COVID-19. With this has come many changes and protocols once foreign to us; social distancing, contacting tracing, or hygiene conscious practices have now become concepts filled with a sense of familiarity. Apart from these changes, the legal sphere in Queensland has also seen changes. One such industry … Read more

Drivers Owe a Duty of Care to Rescuers

AAI Limited v Caffrey [2019] QCA 293 Do Drivers Owe a Duty of Care to Rescuers? The Queensland Court of Appeal has recently confirmed that drivers owe a duty of care not only to passengers and other drivers, but also to police officers or any other rescuers who attend an accident scene. Background On 17 February … Read more

It’s the Effort that Counts – Isn’t It?

Apparently, it’s not the effort that counts when it comes to education and student achievement. A recent Supreme court decision highlighted this in finding that Universities are under no obligation to confer degrees on students merely because they put in a good effort and ‘worked hard’. See: Alskeini v Queensland University of Technology.[1] Background: A … Read more

COVID-19 Extension Act: An Update on some Key Changes

On 2 December 2020, the COVID-19 Emergency Response and Other Legislation Amendment Act 2020 (‘COVID Extension Act’)was passed by the Queensland Parliament. This was later assented on 4 December 2020. One of its key objectives, as articulated by the Explanatory Notes, is to ‘extend the operation of all COVID-19 related legislation which is still required … Read more

Leigh v Bruder Expedition Pty Ltd: Injurious Falsehood – What is the standard required to prove malice?

Injurious falsehood is an action in torts that can be brought against an individual/business for publishing false statements with malicious intent, resulting in some form of damage (generally financial damage). This is similar to defamation, however, ought to be distinguished as injurious falsehood is available for larger businesses and is concerned more with economic loss … Read more