Video witnessing Queensland wills

Parliaments around Australia are passing new legislation to help the wheels of commerce turn during these difficult coronavirus times. Succession law has also had considerable difficulties in dealing with the quarantine and isolation restrictions when signing and witnessing wills and powers of attorney. A will needs 2 independent witnesses and a [...]

2020-04-24T13:39:11+10:00April 24th, 2020|

National Code of Conduct for Leases

Introduction National Cabinet has published a code of conduct for leasing to apply during the period of the COVID-19 pandemic (defined by the period during which the Jobkeeper programme is operational) and a reasonable recovery period after the pandemic ends (referred to in this note as the 'moratorium period'). There is [...]

2020-04-17T14:11:17+10:00April 17th, 2020|

JobKeeper Payment Rules

Introduction The Coronavirus Economic Response Package (Payments and Benefits) Rules (Rules) were released over the last weekend. These Rules set out the things that the Treasurer is permitted to do under the framework of the Coronavirus Economic Response Package legislation. Employer's entitlement The Rules determine which employees (defined as eligible employees [...]

2020-04-17T14:04:01+10:00April 17th, 2020|

FWA amendments: more options for employers eligible for JobKeeper payments

We have recently provided updates on temporary variations made to some modern awards and the proposed introduction of additional measures such as pandemic leave and annual leave at half pay in response to the COVID-19 pandemic. As a further response, the Federal parliament has now passed the Coronavirus Economic Response Package [...]

2020-05-19T08:43:15+10:00April 15th, 2020|

Beware undue influence presumption between parent and child

In a recent decision of the Court of Appeal in Queensland, the Court has provided some much needed clarification around the undue influence presumption in section 87 of the Powers of Attorney Act (PoA). Under the PoA, any transaction between the principal named in an enduring power of attorney and the [...]

2020-04-06T10:49:13+10:00April 6th, 2020|

Breach of repair and maintenance obligations does not lead to the forfeiture of a life interest

In the recent case of Nomchong -v- Vey-Cox the Court considered whether a life interest was forfeited when the life tenant (i.e. the beneficiary of the life interest) failed to comply with their obligation to repair and maintain the property. The will used reasonably common drafting in setting up a life interest and [...]

2020-04-06T10:41:41+10:00April 6th, 2020|

Bernard & Bernard – the Family Court examines the protection provided by testamentary trusts

Asset protection generally All asset protection is a compromise between protecting assets and retaining control and enjoyment of those assets. Asset protection spectrum Complete control and enjoyment = no asset protection Example: you own the asset legally and beneficially, e.g. family home No control or enjoyment = excellent asset protection Example: asset owned [...]

2020-04-06T10:38:19+10:00April 6th, 2020|

The FWC on the front foot: “Pandemic leave” and annual leave at half pay

On 1 April 2020, the Fair Work Commission (FWC) released a statement proposing to temporarily vary 103 Awards (on the Commission's initiative) to include an entitlement to unpaid "pandemic leave" and to include the flexibility for employees to take annual leave at half pay. Pandemic leave This measure is designed to [...]

2020-04-03T10:15:31+10:00April 3rd, 2020|

Free webinar: Incorporated Associations and Collections Act Amendments – An honest conversation

On 15 April 2020, QUT is hosting a free webinar with our very own Paul Paxton-Hall and Prof Myles McGregor-Lowndes who will discuss the implications of the passing of the Associations Incorporation and Other Legislation Amendment Bill 2019 recently passed by the Queensland Parliament. The form will affect some 22,000 incorporated [...]

2020-04-01T09:55:09+10:00April 1st, 2020|

Treatment of bequests post-merger

Background In recent years we have seen a number of mergers in the not-for-profit sector; particularly in the disability services area as organisations better align their strategy with NDIS funding implications in mind. Usually, a merger will involve one party (the transferring entity) transferring its assets and liabilities to the other [...]

2020-04-01T09:45:38+10:00April 1st, 2020|
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