22 Aug 2017

Dual Citizenship and section 44 of the Constitution – A mess not of our making

The latest constitutional bugbear and High Court headache is whether or not some holders of public office are eligible to hold on to their positions given their dual citizenship status – regardless of whether they were in fact aware of their status prior to their entry into the Parliament.   Unfortunately, the relevant section of the Constitution, section 44 is as ambiguous as it is anachronistic and reads as a whole as follows:   COMMONWEALTH

Making sense of FIRB rules for foreign persons and investors

  Under Australia’s foreign investment framework, foreign persons generally need to apply for foreign investment approval before purchasing residential real estate in Australia. It is imperative that if you are a foreign individual you seek legal advice as to whether the rules administered by the Foreign Investment Review Board (FIRB) apply to you as strict criminal and civil penalties may apply for breaches of the law, including disposal orders.   New dwellings and vacant land

Key changes to the newly amended Retail Shop Leases Act 1994 (Qld)

On 25 November 2016 a series of amendments to the Retail Shop Leases Act which came into effect . The amendments are the result of a statutory review carried out in early 2015 and include a mix of measures designed to ease red tape and enhance protections. A summary of the more important amendments follows below. Leases to be excluded from the act Tenancies of large premises (greater than 1000m2) are to be excluded from the

26 May 2015

Are Your Affairs in Order? The Importance of Wills and Enduring Powers of Attorney

      Nobody wants to think about death in the prime of life. But it is important to decide what will happen to your assets when you die.   Take five minutes to read the information in this letter and call us to find out how you can give instructions to your family about your legal and medical preferences should you fall ill or lose the capacity to make those decisions yourself.   Estate

14 May 2015

#itwasn’tmeitwasstarbucks: The Dallas Buyers Club debacle

    Life (and fun) for illegal movie downloaders has become a little more difficult since the much publicised recent decision in the Federal Court, in favour of the rights owners of the popular Hollywood film “The Dallas Buyers Club” (Dallas Buyers Club LLC v iiNet Limited FCA 317).   This recent development in the war against online piracy has seen rights-holders win a decisive first battle with the Federal Court finding it can order

20 Mar 2015

International Wills now a Reality in Queensland

  A Will can be one of the most complex, difficult and emotional documents to write, especially where assets or beneficiaries are located in one or more foreign countries.   In a country like Australia where some 30% of the population was born overseas and where ties to other lands stretch back to the First Fleet, it is inevitable that overseas held assets will often form a significant part of a Testator’s considerations when drafting

9 Mar 2015

Power of Attorney – General vs Enduring

What is the big difference? A Power of Attorney is as important for life planning as making a Will.   Many people prepare a Will but do not give the same consideration to appointing an attorney until it is too late.   Appointing an attorney gives your attorney the legal authority to look after your financial affairs on your behalf.   You can appoint an attorney to act for you in a variety of circumstances

6 Jan 2015

Restraint of Trade

Restraint of trade clauses in employment contracts are critical to protecting legitimate business interests of an employer.  Restraint of trade clauses are enforceable to the extent that the restraint is reasonably necessary to protect the legitimate business interests of the employer, and this is assessed on a case by case basis. In assessing whether a restraint of trade clause is fair and reasonable, the Court may have regard to a number of factors including: the