Rostron Carlyle Legal Publicationhttp://www.rostroncarlyle.com/rss/legal-articles/feed.xmlCopyright Rostron Carlyle Solicitors en-au When things do not go as planned with your builder, what do you do? In most circumstances, the best way to deal with the problem is to discuss your concerns with the builder and attempt to find a solution. However, if the problem cannot be resolved the Queensland Building Services Authority (‘BSA’) may be able to assist you through the Queensland Home Warranty Scheme (‘QHWS’).http://www.rostroncarlyle.com/legalarticles/when-construction-hits-a-brick-wall.htmlhttp://www.rostroncarlyle.com/legalarticles/when-construction-hits-a-brick-wall.html Generally sales of property are input taxed, so that no GST is charged on the sale. This is relevant to property developers as the Australian Tax Office generally considers them to be conducting an enterprise and where their turnover is more than the GST registration threshold they are required to register for GST. http://www.rostroncarlyle.com/legalarticles/GST-and-property-development.htmlhttp://www.rostroncarlyle.com/legalarticles/GST-and-property-development.html On the 23 September 2011, draft legislation was released with aims to ensure that all supplies of newly developed residential properties are subject to GST. http://www.rostroncarlyle.com/legalarticles/GST-draft-legislation-on-property-developers.htmlhttp://www.rostroncarlyle.com/legalarticles/GST-draft-legislation-on-property-developers.html On 4 April 2011,Criminal Code and Other Legislation Amendment Act 2011 (Qld)was passed to prevent the use of ‘ratchet clauses’ in Retail Shop Leases. http://www.rostroncarlyle.com/legalarticles/ratchet-clauses-in-retail-shop-leases.htmlhttp://www.rostroncarlyle.com/legalarticles/legalarticles/ratchet-clauses-in-retail-shop-leases.html Disclosure Documents are to be provided to potential Lessees 7 days before a Lessee enters into a Retail Shop Lease. Prior to the Legislative changes, the necessary Disclosure Documents varied depending on the state. http://www.rostroncarlyle.com/legalarticles/retail-shop-leases-changes-to-disclosure-requirements.htmlhttp://www.rostroncarlyle.com/legalarticles/legalarticles/retail-shop-leases-changes-to-disclosure-requirements.html A trust is an entity where a trustee holds and controls property or other assets for the benefit of another person or persons (beneficiaries). http://www.rostroncarlyle.com/legalarticles/is-your-trust-up-to-date.htmlhttp://www.rostroncarlyle.com/legalarticles/legalarticles/is-your-trust-up-to-date.html In order to raise capital, companies issue securities which may includes shares, debentures, and options to acquire shares and debentures. The Corporations Act 2001 (Cth) requires that disclosure to be made, subject to the certain exemptions, where an offer is made. http://www.rostroncarlyle.com/legalarticles/legalarticles/raising-capital-with-disclosure.htmlhttp://www.rostroncarlyle.com/legalarticles/legalarticles/raising-capital-with-disclosure.html In the ordinary course where there is an offer of securities, a disclosure document must be prepared. However, there are some exceptions to this rule under sections 708, 708AA and 708A of the Corporations Act 2001 (Cth) where disclosure is not required. http://www.rostroncarlyle.com/legalarticles/legalarticles/raising-capital-without-disclosure.htmlhttp://www.rostroncarlyle.com/legalarticles/legalarticles/raising-capital-without-disclosure.html When hiring contractors, it is important to distinguish whether a person is a contractor or actually considered an employee, as there are certain taxation, superannuation and workers compensation rules attached to hiring employees as opposed to contractors. http://www.rostroncarlyle.com/legalarticles/legalarticles/what-to-consider-when-hiring-a-contractor.htmlhttp://www.rostroncarlyle.com/legalarticles/legalarticles/what-to-consider-when-hiring-a-contractor.html The High Court has recently granted special leave to hear an appeal of the Roadshow Films v iiNet Ltd matter, the outcome of which has serious implications for owners of copyright and internet service providers. http://www.rostroncarlyle.com/legalarticles/issues-in-enforcement-of-copyright.htmlhttp://www.rostroncarlyle.com/legalarticles/issues-in-enforcement-of-copyright.html From 1 September, 2011 the Uniform Civil Procedure (Fees) and Other Legislation Amendment Regulation (No. 1) 2011 will commence, introducing a number of changes to fees payable in Supreme and District Courts for civil proceedings. http://www.rostroncarlyle.com/legalarticles/miscellaneous/changes-to-fees-payable-in-supreme-and-district-courts-for-civil-proceedings.htmlhttp://www.rostroncarlyle.com/legalarticles/miscellaneous/changes-to-fees-payable-in-supreme-and-district-courts-for-civil-proceedings.html The State of Queensland has been through an extraordinary crisis in recent weeks with substantial flooding covering some 75% of the state. As the cleanup begins and continues, questions will start to be asked by landlords and tenants of commercial and industrial premises as to their rights and responsibilities relating to leased premises and their business/investment moving forward http://www.rostroncarlyle.com/legalarticles/leases-of-commercial-and-industrial-premises-and-the-recent-floods.htmlhttp://www.rostroncarlyle.com/leases-of-commercial-and-industrial-premises-and-the-recent-floods.html A common and effective way to challenge a will is under a Family Provision Application. Only certain people can bring the application under the Succession Act 1981 (Qld) http://www.rostroncarlyle.com/legalarticles/family-provision-applications.htmlhttp://www.rostroncarlyle.com/legalarticles/family-provision-applications.html There are a few ways to challenge a will. The grounds for challenge usually arise at the time that the will is being drafted or instructions are taken for the will. http://www.rostroncarlyle.com/legalarticles/challenging-a-will-fact-sheet.htmlhttp://www.rostroncarlyle.com/legalarticles/challenging-a-will-fact-sheet.html There are a number of reasons why a landlord may wish to relocate their tenants and likewise a great number of reasons why a tenant may wish not to be relocated. http://www.rostroncarlyle.com/legalarticles/forced-relocation-know-your-rights.htmlhttp://www.rostroncarlyle.com/legalarticles/forced-relocation-know-your-rights.html The unfair contracts Regime (Regime) comes into effect on 1 July 2010 as a result of the Trade Practices Amendment (Australian Consumer Law) Bill (Bill) which received Royal assent on 15 April 2010. The effect of the Regime is that terms in standard form consumer contracts (Consumer Contracts) may be declared void. This may affect many Australian businesses that sell products or services to consumers online. http://www.rostroncarlyle.com/legalarticles/unfair-contracts-regime-issues-for-form-contract-issuers.htmlhttp://www.rostroncarlyle.com/legalarticles/unfair-contracts-regime-issues-for-form-contract-issuers.html Social networking clauses should be considered for inclusion in a wide range of commercial agreements. The questions are which agreements warrant such a clause and why should they be included? http://www.rostroncarlyle.com/legalarticles/social-media-law-articles/what-agreements-should-include-social-networking-clauses.htmlhttp://www.rostroncarlyle.com/legalarticles/social-media-law-articles/what-agreements-should-include-social-networking-clauses.html Mention the word “Pre-Nup” and this automatically conjures images of an “Anna Nicole Smith” type situation where there is an impending marriage and one party is either substantially more financially established than the other or significantly older than the other. However, any legal professional can now tell you that gone are the days where “Pre-nups” or Binding Financial Agreements as they are more commonly referred to in legal circles were reserved strictly for parties in an unequal financial position. http://www.rostroncarlyle.com/legalarticles/binding-financial-agreements-what-are-they-and-do-I-need-one.htmlhttp://www.rostroncarlyle.com/legalarticles/binding-financial-agreements-what-are-they-and-do-I-need-one.html It seems commonplace for hiring managers to "google" shortlisted applicants and end up viewing various social media websites in search of information to confirm their opinion of an applicant. The question is whether this is legal in Australia?http://www.rostroncarlyle.com/legalarticles/social-media-law-articles/reference-checking-candidates-on-social-media-websites.htmlhttp://www.rostroncarlyle.com/legalarticles/social-media-law-articles/reference-checking-candidates-on-social-media-websites.html Have you been defamed by a user on Facebook? Have you clicked the 'remove' tab to no effect? Do you just want the material removed? Complete our assessment form below and we will advise whether or not Facebook may respond to a take down request.http://www.rostroncarlyle.com/legalarticles/social-media-law-articles/taking-down-defamatory-material-from-facebook.htmlhttp://www.rostroncarlyle.com/legalarticles/social-media-law-articles/taking-down-defamatory-material-from-facebook.html In late 2009 the Commonwealth Government introduced the Personal Property Securities Act 2009 (Act), the purpose of which was to introduce a national regime for the registration of security interests over personal property. Whilst the Act has been passed the Personal Property Security Register will not come into effect until 1 May 2011 so it is important to understand the changes that will occur so that you have systems in place to ensure that you are not adversely affected.http://www.rostroncarlyle.com/legalarticles/corporate-law-articles/retention-of-title-clauses-loose-effectiveness.htmlhttp://www.rostroncarlyle.com/legalarticles/corporate-law-articles/retention-of-title-clauses-loose-effectiveness.html On 24 March 2010 the Queensland Government announced changes to the Property Agents and Motor Dealers Act 2000 (Qld) (Act) to amend the requirements for proposed and relevant contracts for the sale of residential property in Queensland. These changes will come into effect on 1 October 2010 and according to the explanatory memorandum “will simplify the processes for the delivery and presentation of contracts for the sale of residential property, while still maintaining consumer protection provisions, and thereby promote greater certainty in residential property sales”. http://www.rostroncarlyle.com/legalarticles/changes-to-the-property-agents-and-motor-dealers-act-24-march-2010.htmlhttp://www.rostroncarlyle.com/legalarticles/changes-to-the-property-agents-and-motor-dealers-act-24-march-2010.html In the case of Sons of Gwalia Ltd v Margaretic [2007] HCA 1 (Sons of Gwalia) the High Court held that shareholders’ whose losses arose because of a company’s inadequate disclosure or misrepresentation would rank equally with the debts of unsecured creditors, thus raising the status of aggrieved shareholders to those of unsecured creditors on liquidation.http://www.rostroncarlyle.com/legalarticles/corporate-law-articles/sons-of-gwalia-to-be-reversed-by-legislation.htmlhttp://www.rostroncarlyle.com/legalarticles/corporate-law-articles/sons-of-gwalia-to-be-reversed-by-legislation.html Employers need to provide Fair Work Information Statement (FWIS) as part of the National Employment Standards (NES) created under the Fair Work Act 2009 (Cth) (Act). As of 1 January 2010, the NES will apply to all employees covered by the national workplace relations system, regardless of the applicable industrial instrument or employment contract. Terms in awards, agreement and employment contract that exclude or provides for an entitlement less than the NES will have no effect. A contravention of a provision of a NES may result in penalties of up to $6,600 for an individual and $33,000 for a corporation. http://www.rostroncarlyle.com/legalarticles/corporate-law-articles/fair-work-information-statements-required-1-January-2010.htmlhttp://www.rostroncarlyle.com/legalarticles/corporate-law-articles/fair-work-information-statements-required-1-January-2010.html Datalex plc (Datalex) in a Notice Provided to Shareholders has denied the allegations made by Flight Centre Limited (Flighties) in the Supreme Court of Queensland. The claim filed by Flighties on 4 November 2009 alleges misleading and deceptive conduct and breach of contract in relation to a software development contract. http://www.rostroncarlyle.com/legalarticles/datalex-denies-allegations-made-by-flight-centre-regarding-breach-of-contract.htmlhttp://www.rostroncarlyle.com/legalarticles/datalex-denies-allegations-made-by-flight-centre-regarding-breach-of-contract.html Flight Centre Limited (Flighties) and its South African subsidiary have brought an action in the Supreme Court of Queensland alleging misleading and deceptive conduct and breach of contract in relation to a software development contract. In its 53 page Claim Flighties outlined their argument for more than $USD14 Million in damages associated with the contract and conduct of Datalex PLC (Datalex). http://www.rostroncarlyle.com/legalarticles/flight-centre-limited-and-datalex-alleged-breach-of-contract.htmlhttp://www.rostroncarlyle.com/legalarticles/flight-centre-limited-and-datalex-alleged-breach-of-contract.html Shareholders may seek a wide range of remedies in circumstances where the controllers of a company unfairly misuse their positions of power or breach their duties. The oppression remedy in Part 2F.1 of the Corporations Act 2001 (Cth) (the Act) provide an important safeguard for shareholder rights. It is usually used in conjunction with an application for winding up on the grounds that it is just and equitable under s 461 of the Act.http://www.rostroncarlyle.com/legalarticles/corporate-law-articles/shareholder-oppression-explained.htmlhttp://www.rostroncarlyle.com/legalarticles/corporate-law-articles/shareholder-oppression-explained.html Queensland is making a historical landmark and comprehensive reform in its civil justice system by introducing the Queensland Civil and Administrative Tribunal (QCAT) as of 1 December 2009 http://www.rostroncarlyle.com/legalarticles/qcat-a-new-milestone-for-the-queensland-civil-justice-system.htmlhttp://www.rostroncarlyle.com/legalarticles/qcat-a-new-milestone-for-the-queensland-civil-justice-system.html In October 2009 the Queensland Government introduced legislation that allowed the Chief Executive of the Department of Employment, Economic Development and Innovation that administers the Liquor Act to deem licensed venues as ‘high risk’ if they had any incidents of ‘glassing’ within the previous 12 months. http://www.rostroncarlyle.com/legalarticles/queensland-government-withdraws-glassing-notice.htmlhttp://www.rostroncarlyle.com/legalarticles/queensland-government-withdraws-glassing-notice.html With improvements in technology and sophisticated printing services being more readily available to many people, particularly retirees, are now taking the opportunity to self publish their memoirs, their warts and all account of their life’s story. Whilst this can be a richly rewarding experience it can potentially be a legal minefield. Defamation, copyright, confidentiality and privacy are just some of the issues that can and frequently do arise when publishing a book. Of course these considerations can arise with any publication, not just biographies. http://www.rostroncarlyle.com/legalarticles/self-publishers-beware.htmlhttp://www.rostroncarlyle.com/legalarticles/self-publishers-beware.html Flight Centre Limited (Flighties) and its South African subsidiary have brought an action in the Supreme Court of Queensland alleging misleading and deceptive conduct and breach of contract in relation to a software development contract. In its 53 page Claim Flighties outlined their argument for more than $USD14 Million in damages associated with the contract and conduct of Datalex PLC (Datalex). http://www.rostroncarlyle.com/legalarticles/flight-centre-limited-and-datalex-alleged-breach-of-contract.htmlhttp://www.rostroncarlyle.com/legalarticles/flight-centre-limited-and-datalex-alleged-breach-of-contract.html A Cooperative is an association of people who join together voluntarily to meet common objectives through a jointly owned and democratically controlled entity. It may be trading or non-trading and may provide goods or services to its members or the public. At first glance a Cooperative may appear to be similar to an Unlisted Public Company, but significant differences exist. http://www.rostroncarlyle.com/legalarticles/corporate-law-articles/cooperative-structure-fact-sheet-queensland.htmlhttp://www.rostroncarlyle.com/legalarticles/corporate-law-articles/cooperative-structure-fact-sheet-queensland.html A company is generally seen as giving financial assistance if it gives something needed to carry out a transaction or something in the nature of aid or help. A financial assistance whitewash is a procedure that involves obtaining shareholder approval of the financial assistance, the subsequent notices and ASIC lodgements as described in the Corporations Act at sections 260A to 260E.http://www.rostroncarlyle.com/legalarticles/corporate-law-articles/financial-assistance-whitewash.htmlhttp://www.rostroncarlyle.com/legalarticles/corporate-law-articles/financial-assistance-whitewash.html auDA, the body that manages Australia's domain name system, has invited people to submit proposals for the creation of new 2LDs in the .au domain space. Applications close 30 November 2009.http://www.rostroncarlyle.com/legalarticles/call-for-submissions-on-second-level-domain-names-by-auda.htmlhttp://www.rostroncarlyle.com/legalarticles/call-for-submissions-on-second-level-domain-names-by-auda.html Do your public documents have your Australian Company Number (ACN) on them? Surprisingly, many businesses are not complying with the section 88A of the Corporations Act 2001 (Cth) (Act) by omitting their ACN from their public documents.http://www.rostroncarlyle.com/legalarticles/corporate-law-articles/is-your-companies-acn-on-your-public-documents.htmlhttp://www.rostroncarlyle.com/legalarticles/corporate-law-articles/is-your-companies-acn-on-your-public-documents.html It’s quite common in what would seem to be simple business transactions for people to draft their own agreements in an attempt to save money. The internet and ubiquity of information has made it possible to find almost any sample legal agreement, but the pitfalls of using such agreements can be extremely costly for the untrained in the event of a dispute.http://www.rostroncarlyle.com/legalarticles/do-it-yourself-legals-dont-risk-it.htmlhttp://www.rostroncarlyle.com/legalarticles/do-it-yourself-legals-dont-risk-it.html A listing of an entity's securities on the ASX may be the "holy grail" for many business owners, but the process is characterised by a plethora of legal and regulatory requirements imposed by both the ASX Limited (ASX) and the Australian Securities and Investments Commission (ASIC).http://www.rostroncarlyle.com/legalarticles/corporate-law-articles/financial-thresholds-for-listing-on-the-asx.htmlhttp://www.rostroncarlyle.com/legalarticles/corporate-law-articles/financial-thresholds-for-listing-on-the-asx.html In certain circumstances where the driver of a motor vehicle may have their licence suspended or possibly cancelled, they may be able to apply to a Court for a restricted licence. There are two specific ways a Queensland driver may obtain a restricted licence..http://www.rostroncarlyle.com/legalarticles/work-licenses.htmlhttp://www.rostroncarlyle.com/legalarticles/work-licenses.html On 7 September 2009, the Senate Economics Legislation Committee released its Final report the Rudd Governments Corporations Amendment (Improving Accountability on Termination Payments) Bill 2009 (Bill) aimed at reducing excessive executive termination benefits. The current provisions of the Corporations Act 2001 (Cth) (Act) allows for termination benefits of up to 7 times a Director’s total annual remuneration package before shareholder approval is required. Additionally, only company directors’ termination benefits are subject to shareholder approval. If the bill is passed, this will be dramatically reduced.http://www.rostroncarlyle.com/legalarticles/the-end-of-the-golden-handshake.htmlhttp://www.rostroncarlyle.com/legalarticles/the-end-of-the-golden-handshake.html The aim of Australia's safe harbour scheme for copyright infringement as contained in Division 2AA of the Copyright Act 1968 (Cth) (Act) is to ensure that carriage service providers (CSP's) who take reasonable measures to limit and deter copyright infringement are able to attract the benefit of reduced liability for copyright infringement if they introduce certain policies and procedures. Basically, the remedies available against online service providers are limited if they have complied with the conditions as contained in Division 2AA of the Act.http://www.rostroncarlyle.com/legalarticles/is-there-a-safe-harbour-for-user-generated-content-sites-in-australia-for-copyright-infringement.htmlhttp://www.rostroncarlyle.com/legalarticles/is-there-a-safe-harbour-for-user-generated-content-sites-in-australia-for-copyright-infringement.html Defending a defamation claim can be an expensive and time consuming, not to mention a potentially humiliating experience. The following are 12 tips to help avoid or at least reduce the potential of being sued...http://www.rostroncarlyle.com/legalarticles/12-tips-to-avoid-the-potential-of-being-sued-for-defamation.htmlhttp://www.rostroncarlyle.com/legalarticles/12-tips-to-avoid-the-potential-of-being-sued-for-defamation.html The general rule is that terms and conditions are incorporated into a contract if a party has done all that is reasonable to bring the proposed terms and conditions to the attention of the other party at the time of the transaction. How does this apply to internet transactions?http://www.rostroncarlyle.com/legalarticles/are-the-terms-and-conditions-on-your-website-binding.htmlhttp://www.rostroncarlyle.com/legalarticles/are-the-terms-and-conditions-on-your-website-binding.html In compiling news stories journalists are frequently provided with information from confidential sources on an ‘off the record’ basis. Without the ability to procure information in this way it would often be impossible to publish important hard hitting stories pertaining to crime, corruption, maladministration and some of the excesses of government and political power.http://www.rostroncarlyle.com/legalarticles/protecting-journalists-confidential-sources.htmlhttp://www.rostroncarlyle.com/legalarticles/protecting-journalists-confidential-sources.html ecent guidance from Coco-Cola Company v Shea [2009] ATMO 49 confirms (not surprisingly) that applications for trade marks that are be seen as brand extensions are likely to be prohibited from registration. Section 17 of the Trade Marks Act 1995 (Cth) (Act) provides that “a trade mark is a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person”.http://www.rostroncarlyle.com/legalarticles/what-is-a-registered-trade-mark-lessons-from-a-naughty-mother.htmlhttp://www.rostroncarlyle.com/legalarticles/what-is-a-registered-trade-mark-lessons-from-a-naughty-mother.html Now that The High Court has consigned J.L.Holdings to the dust bin the late amendment of pleadings just became a lot harder....On 5 August 2009 The High Court handed down its decision in Aon Risk Services v Australian National University (2009 HCA 27) (AON). It is an important decision as it has distinguished and effectively overruled the earlier decision in The State of Queensland v J.L. Holdings Pty Ltd (1997) 189 CLR 146 (JL Holdings).http://www.rostroncarlyle.com/legalarticles/aon-risk-services-and-australian-national-university-2009-hca-27-new-requirements-for-amending-pleadings.htmlhttp://www.rostroncarlyle.com/legalarticles/aon-risk-services-and-australian-national-university-2009-hca-27-new-requirements-for-amending-pleadings.html It’s everyday business practice in Australia to ask for a ‘quote’ before engaging a contractor or supplier to perform work. The question is whether or not the quote amounts to an offer that is capable of acceptance by the recipient and therefore binding on the provider of the quote. Guidance on this issue was provided by Bergin CJ in the case of Megalift v Terminals [2009] NSWSC 324.http://www.rostroncarlyle.com/legalarticles/is-a-quote-a-binding-offer-lessons-from-megalift-and-terminals-2009-NSWSC-324.htmlhttp://www.rostroncarlyle.com/legalarticles/is-a-quote-a-binding-offer-lessons-from-megalift-and-terminals-2009-NSWSC-324.html You don't have to accept an offer to enter into a Costs Agreement with a law firm. You have the right to negotiate the terms. Part 3.4 Division 5 of The Legal Profession Act 2007 (Qld) (Act) provides for the making of Costs Agreements between law practices and their clients in Queensland. A Costs Agreement is defined in section 300 of the Act as an agreement about the payment of legal costs. The provisions relating to Costs Agreements are primarily contained in sections 322 to section 349 of the Act.http://www.rostroncarlyle.com/legalarticles/your-right-to-negotiate-a-costs-agreement-with-your-lawyer-in-queensland.htmlhttp://www.rostroncarlyle.com/legalarticles/your-right-to-negotiate-a-costs-agreement-with-your-lawyer-in-queensland.html On 1 July 2009 new laws came into effect repealing section 44A of the Land Tax Act 1915 which provided that a Landlord could not charge a tenant land tax in any Lease that was entered into after 1 January 1992.The effect of this means that where a Landlord enters into a Lease after 1 July 2009 the Landlord can charge a Tenant Land Tax as part of the outgoings under the Lease.http://www.rostroncarlyle.com/legalarticles/land-tax-changes-for-leases-queensland.htmlhttp://www.rostroncarlyle.com/legalarticles/land-tax-changes-for-leases-queensland.html Software developers need to be mindful to ensure that statements made in precontractual negotiations (and during iterative development processes) regarding the likely performance and functionality of systems are not misleading and deceptive. Particular care should be taken to ensure that representations made whilst collaborating using development methodologies such as rapid application development (RAD) or AGILE are not taken to be misleading and deceptive.http://www.rostroncarlyle.com/legalarticles/racv-insurance-pty-ltd-v-unisys-australia-ltd-2004-vsc-81-lessons-for-software-developers.htmlhttp://www.rostroncarlyle.com/legalarticles/racv-insurance-pty-ltd-v-unisys-australia-ltd-2004-vsc-81-lessons-for-software-developers.html From 1 March 2009, de facto couples were able to settle their property law disputes under the Family Law Act 1975 (The Act). Prior to the amendment, couples were only granted access to The Act where parental issues were concerned. The primary objective of the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 is to give opposite and same sex de facto couple’s access to the Federal Family Law jurisdiction. If your relationship breaks down, the amendment makes provision for maintenance to dependents of the relationship and ensures property settlements are just and equitable for each party.  http://www.rostroncarlyle.com/legalarticles/new-regime-for-de-facto-property-settlements.htmlhttp://www.rostroncarlyle.com/legalarticles/new-regime-for-de-facto-property-settlements.html You appoint a trustee in bankruptcy and you find that the bankrupt was the trustee of a discretionary trust. What issues need to be considered? Can the Trust assets be attacked? A trustee is liable for the debts of the trust, that it has incurred for and on behalf of the trust. A trustee of a discretionary trust has the right to be indemnified, out of the assets of the trust, for liabilities it has incurred for and on behalf of the trust. It is important then to distinguish between the following: http://www.rostroncarlyle.com/legalarticles/attacking-trust-assets.htmlhttp://www.rostroncarlyle.com/legalarticles/attacking-trust-assets.html With the introduction of the internet and email communications, as well as mobile telephones and the resultant use of text messaging, we live in a communications era unparalleled in previous times. Today more than at any time in history we have seen a massive increase in both written and oral communications and this is especially so in the world of commerce and industry.http://www.rostroncarlyle.com/legalarticles/employer-liability-for-employee-defamation.htmlhttp://www.rostroncarlyle.com/legalarticles/employer-liability-for-employee-defamation.html With the current Global Financial Crisis impacting on Australia’s building and construction industry it seems that builders and contractors are responding to the downturn in the economy by moving away from the traditional litigation form of dispute resolution and favouring the use of the Building and Construction Industry Payments Act 2004 (BCIPA). http://www.rostroncarlyle.com/legalarticles/time-limits-under-building-and-construction-industry-payments-act-2004-QLD.htmlhttp://www.rostroncarlyle.com/legalarticles/time-limits-under-building-and-construction-industry-payments-act-2004-QLD.html If a person dies without a valid will, he or she dies “intestate”. This means your next of kin or the Public Trustee must apply to the Supreme Court of Queensland for the right to administer your estate. The administrator must then distribute your estate in accordance with certain rules as set out in the Succession Act 1981 (Qld) (the Act). http://www.rostroncarlyle.com/legalarticles/do-you-want-to-decide-what-happens-to-your-assets-after-you-die.htmlhttp://www.rostroncarlyle.com/legalarticles/do-you-want-to-decide-what-happens-to-your-assets-after-you-die.html I recently had the opportunity of hearing a presentation about "working in the cloud"- at Barcamp Brisbane in other words using internet websites as applications and not needing to load software such as wordprocessing or spreadsheets onto a computer. According to Wikipedia the term cloud is used as a metaphor for the internet, based on how the internet is shown in computer network diagrams and is an abstraction for the complex infrastructure behind it. http://www.rostroncarlyle.com/legalarticles/working-in-the-cloud-should-I-be-worried-legally.htmlhttp://www.rostroncarlyle.com/legalarticles/working-in-the-cloud-should-I-be-worried-legally.html On 1 January 2009 new laws came into effect which will restructure the types of liquor licences available in Queensland and increase the flexibility of the liquor licensing system.http://www.rostroncarlyle.com/legalarticles/changes-to-the-liquor-act-will-there-be-boutique-bars-in-Queensland.html http://www.rostroncarlyle.com/legalarticles/changes-to-the-liquor-act-will-there-be-boutique-bars-in-Queensland.html Widely reported Gen-Y internet tycoon Daniel Tzvetkoff (Tzvetkoff), is being sued by former co-director Salvatore Sciacca (Sciacca)...http://www.rostroncarlyle.com/legalarticles/sciacca-v-tzvetkoff-and-bt-projects.htmlhttp://www.rostroncarlyle.com/legalarticles/sciacca-v-tzvetkoff-and-bt-projects.html In many cases, there are few exact requirements for minutes of Director's meetings. There are however different obligations imposed on different entities that may affect the content of the minutes. The following non-exhaustive list of statutory and contractualhttp://www.rostroncarlyle.com/legalarticles/format-for-minutes-of-directors-meetings.htmlhttp://www.rostroncarlyle.com/legalarticles/format-for-minutes-of-directors-meetings.html The Australian Government's Foreign Investment Policy (Policy) generally regards investment by foreigners positively, subject to certain restrictions imposed by the Foreign Investment Review Board (FIRB), a section of the Commonwealth Department of Treasury. http://www.rostroncarlyle.com/legalarticles/what-restrictions-apply-to-foreign-investment-in-australia.htmlhttp://www.rostroncarlyle.com/legalarticles/what-restrictions-apply-to-foreign-investment-in-australia.html For many people, the prospect of taking legal action against their employer for a work injury is daunting to say the least. Firstly, there’s the inevitable day-to-day awkwardness of working closely alongside someone you’re suing while the process slowly unfolds.http://www.rostroncarlyle.com/legalarticles/will-my-work-cover-claim-hurt-my-employer.htmlhttp://www.rostroncarlyle.com/legalarticles/will-my-work-cover-claim-hurt-my-employer.html The Corporations Act 2001(Cth) has largely codified Directors duties found at common law. What are those duties and where can they be found in the legislation?http://www.rostroncarlyle.com/legalarticles/directors-duties-in-the-corporations-act-2001.htmlhttp://www.rostroncarlyle.com/legalarticles/directors-duties-in-the-corporations-act-2001.html Shareholder Agreements are contracts that regulate the rights and obligations of Shareholders (Members) of a company. Unlike a Constitution or the Replaceable Rules as defined by the Corporations Act 2001 (Cth) these agreements are not mandatory.http://www.rostroncarlyle.com/legalarticles/issues-for-shareholders-agreements.htmlhttp://www.rostroncarlyle.com/legalarticles/issues-for-shareholders-agreements.html The Queensland Government has reacted quickly to the decision of Bossichix Pty Ltd v Martinek Holdings Pty Ltd [2009] QCA 154 (Bossichix) by passing the Body Corporate and Community Management Amendment Bill 2009 to rectify an unintended consequence of the Body Corporate and Community Management Act 1997http://www.rostroncarlyle.com/legalarticles/changes-to-off-the-plan-unit-contracts.htmlhttp://www.rostroncarlyle.com/legalarticles/changes-to-off-the-plan-unit-contracts.html Many businesses will provide credit without considering whether their clients require or expect it. Even worse, many businesses become unwilling credit providers. Have you ever delivered stock, cash on delivery, and not been paid at the time of delivery? Have you ever accepted a personal or company cheque?http://www.rostroncarlyle.com/legalarticles/10-golden-rules-of-credit-control.htmlhttp://www.rostroncarlyle.com/legalarticles/10-golden-rules-of-credit-control.html