What is the Difference between Fixtures and Chattels?
If you have entered into a residential or commercial property contract of sale of real property or lease,…
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When provisions in a Will for an adult child inadequate
Family relationships can be complex, including those between a parent and their child, and estrangement…
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First Impressions of the New Federal Circuit and Family Court
On 1 September 2021, we saw a radical change to family law, with the merger of the previous courts,…
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WARNING – HIGH RISK AHEAD
In a recent High Court case, it has been found that media companies are liable for the publication of…
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Is change as good as a holiday?
In areas such as the building and construction industry, there can often be resistance to change, particularly…
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SERVING STATUTORY NOTICES: A REFRESHER
A big part of what local governments do on a day-to-day basis includes serving statutory notices. …
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What is covered under a commercial lease?
If you are entering into a commercial lease as a tenant for the first time, you may be surprised to…
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Relief against forfeiture of a commercial lease – a tenant’s second chance
What is relief against forfeiture? Relief against forfeiture (as it applies to leases) is where a lease…
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The Rights of Step-Parents
Step-parents can be important people in a child’s life and children often form strong bonds with step-parents.…
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COMMITTED TO THE CODE OF CONDUCT
Recently, the Councillor Conduct Tribunal (the CCT) has determined that the following types of actions…
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Community Engagement Levels High – It’s Budget Time
By now, most local governments have adopted their annual budgets in order to meet the 1 August deadline…
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Reviewing Decisions: A Refresher
Councils are given responsibility under various State legislation and local laws to make decisions across…
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SQUATTERS RIGHTS: CLAIMING AN ISLAND (OR A PIECE OF ONE)
In 2013, two men successfully claimed two blocks of land on Moreton Island by adverse possession (also…
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Deposit Dispute is ‘Awkward’!
We all know how exciting it is to sign on the dotted line to buy your dream home or investment property.…
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What is Collaborative Law?
Not all separations are characterised by conflict. In more recent times there has been a trend towards…
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Constructive Trusts - An Equitable Remedy
Broadly speaking, a constructive trust is a remedy that certain courts may impose in order to prevent…
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(Un)Licensed To Build
If you don’t have a driver’s licence, you shouldn’t get behind the wheel of a car. If you don’t have…
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What is a Child Inclusive Conference and a Family Report?
If you are negotiating parenting arrangements or are already in the Court process, you may have heard…
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Can Council Make The COVID-19 Vaccine Mandatory?
Over the coming months, the COVID-19 vaccination is expected to become available to the general public…
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Getting Delegations Right
In amongst the urgency and sheer hard work of exercising local government functions, it can be easy…
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Human Rights Based Objections - New Case Law To Give Guidance To Councils
Local governments throughout Queensland will be aware of the potential impacts of the Human Rights Act…
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Family Law Consent Orders - What You Need To Know
What are consent orders? A consent order is a final order made by the Family Court. It documents the…
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Execution Of Legal Documents By A Company
A company may execute documents in a number of ways but it is important that the correct approach in…
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Estop, Hammer Time
In an ideal world, everyone would say what they mean and do what they say they would do. Unfortunately,…
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Spam Emails No More? Major Retailer Pays The Price
While the number of marketing emails you receive every day may make you think otherwise, there are actually…
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Changes To Rates Are Coming
The Department of Natural Resources, Mines and Energy (DNRME) has published a notice that the 2021 annual…
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Local Laws - A Fresh Perspective
Why Make a Local Law Councils are aware of the importance of Local Laws and the assistance they can…
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The Importance of Reviewing Your Estate Plan
As we roll along into the new year, we remind you that it is a great time to review your current estate…
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Don't Delay - Consider End Of Lease Obligations Today
A key focus of party’s that are negotiating a lease is often the rent. The last thing on any party’s…
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Reminder: New Provisions For Rates Arrears Sales
In October 2020, the Local Government Regulation 2012 (“LGR”) was modified to change the process that…
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Compromise: The Key To Resolving Conflict in Family Law
The ability to compromise is key to resolving most arguments and disputes, and family law matters are…
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Estate Planning for Your Business
When focusing on the day-to-day needs of your business, it is easy to forget to plan for what will happen…
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Land Court Mining Compensation Decision To Affect Local Government Landowners
Local governments in regional Queensland, particularly western Queensland, will have experience negotiating…
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Compulsory Land Acquisition and Human Rights Act 2019
Queensland local governments are ‘constructing authorities’ and have compulsory land acquisition powers…
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Termination Of A Building Contract
When things aren’t going smoothly during a construction project, it can be very frustrating. However,…
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Changes To Wage Theft Laws
In September 2020, the Queensland Government passed new laws which will find employers who deliberately…
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Restraint of Trade Clauses - Are They Enforceable?
Is a Restraint of Trade clause enforceable by your employer? Our latest article covers factors that…
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Top Tips To Survive Mango Season
We have all heard of the term “going troppo”, but what does that mean from an employment sense? This…
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Recent Case Hightlights Need For Reasonableness
The need to condition planning approvals in a proportionate and reasonable manner is well understood…
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New Conflict Laws In Effect: But What's Still Unclear?
The new conflict of interest laws that came into effect on 12 October 2020 will already be old hat for…
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Is COVID-19 Frustrating You And Your Contract?
Since the COVID-19 health pandemic started creating economic disruption earlier this year, many parties…
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Council Trustee Lease and the Land Regulation 2020 (Qld)
The Land Regulation 2020 (“Regulation”) commenced on 1 July 2020 and replaces the expired 2009 regulation.…
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Dangerous Dog Round Up: Recent QCAT Cases Give Councils Pointers
Dealing with dangerous dogs is a problem that all local governments – large and small, city and regional,…
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New Wage Theft Laws
In September 2020, the Queensland Government passed new laws which find employers who deliberately steal…
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Termination Under the Guise of Redundancy
When faced with an underperforming employee, some employers would rather let them down easy by making…
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Decisions, Decisions - What Should I Consider?
Today people expect organisations will operate consistently and fairly and that there are systems throughout…
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Meetings Matters - Local Government Meetings Processes to Change
Processes for local government meetings will change from 12 October 2020 following the enactment of…
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Update: Queensland State Wage Case
Each year, the Queensland Industrial Relations Commission (QIRC) hear submissions from representative…
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Defamation and Facebook
Go back 10 years and the term ‘social media’ was barely even a word in the English dictionary. Today,…
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(Make Sure) The Price is Right
We’ve all been stung by ‘hidden extras’ in contracts before, and nothing can blow a hole in a budget,…
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Granny Flat Agreement
A granny flat agreement, also known as a granny flat interest and is an interest in accommodation for…
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Blood on Their Hands - When Employers Are Found to be Liable
In June 2020, the Brisbane District Court handed down the first Queensland decision where the industrial…
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Impact of COVID-19 on Carbon Markets
In somewhat a double whammy, the mitigating strategies that are in play to deal with climate changes…
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What To Expect After A Separation
Separating is a difficult process for most people and it is often made more difficult because people…
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Cattle Industry Wins Big – Government Backs Down
In 2011 the Federal Government made a decision to ban the live export trade of cattle to Indonesia.…
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Tips and Traps for Council in Land Acquisitions
The power to compulsorily acquire land is sometimes used by local governments and other constructing…
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Clive Palmer vs Human Rights
The Human Rights Act 2019 (Qld) (Act) commenced on 1 January 2020. It’s back in the spotlight this month…
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COVID-19 Legislation Round Up
Land Act Rent Waivers, Rates Decisions and Leasing Code Legislation is coming through thick and fast…
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COVID-19 Mandatory Leasing Code of Conduct
In early April 2020, the National Cabinet announced the introduction of a National Mandatory Code of…
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Picking Categories: Categorisation Case Overturns Earlier Decision
Rating categories is a highly technical and often controversial area of Council decision-making. A…
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Climate Change Litigation – Is There A Tidal Wave On The Way?
Construction on the 3rd runway at Heathrow Airport has been temporarily stopped, but the reason for…
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Be Prepared - Have Projects Ready to Go
Over the last decade Councils that have been prepared to invest in shovel ready projects have been well…
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Keeping in Front of COVID-19
Governments everywhere are dealing with the crisis that is COVID 19 and taking extraordinary steps to…
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Does The Way I Own Property Affect My Will?
The way in which you own property with another person will determine whether or not it is dealt with…
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New Conduct Rules for Councillors
What Senior Council Officers Need to Know Local Government Councillors have always been subject to sanctions,…
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Do Leases Need to be Registered?
What is a lease? A retail or commercial lease in Queensland is a contractual agreement between the registered…
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CCTV - Compliance for Council
The use of Close Circuit Television (CCTV) has grown exponentially in areas such as malls, car parks…
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Hackers, Scammers and Thieves
Cybersecurity is an ever moving feast and it seems as fast as new cybersecurity measures, firewalls…
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A Child's Right to Spend Time With Their Grandparents
Grandparents can play an important role in their grandchildren’s lives post-separation, particularly…
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Wage Theft - What You Need to Know
In recent times there has been an inquiry into wage theft in Queensland and it is estimated that 1 in…
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Franchise Agreements – An Overview for First Time Franchisees
What is a Franchise Agreement? A franchise agreement is a contract between a franchisee and a franchisor,…
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Caretaker Period Arrangements - What Councillors Need to Know
What is the caretaker period? It is the period starting before the quadrennial local government elections…
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One In, All In - What Lead to the Sacking of A Whole Council
On the 30th January 2020, the Governor of New South Wales on the recommendation of the Minister for…
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Howdy, Partner
The start of the new year is a great time to jump into new things – planning a holiday, joining a gym,…
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Risky Roads - What is Council's Liability as Road Authority?
The recent District Court decision of Tait v Goondiwindi Regional Council offers a reminder of what…
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Shiny and New for 2020
While 2019 is coming rapidly to a close, 2020 has some bright and shiny legislative changes which kick…
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Human Rights Act 2019 - Know Your Rights
The Queensland Government has enacted the Human Rights Act 2019 (“Act”) which, from 1 January 2020 will…
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Combustible Cladding – What are your obligations?
From 1 October 2018, the Building Regulation 2006 (Qld) (“the Regulation”) mandates that an owner of…
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Terminating a Building Contract
Whether it is a domestic or commercial building contract, terminating a building contract is a serious…
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Trick or Treat? Stage 2 of Belcarra Receives Royal Assent
The Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act…
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Attack of the Drones at Your Sunday Picnic
Drones by their very nature are fun, exciting and a bit like a swarm of bees especially on a Sunday…
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Understanding The CCT: New Councillor Conduct Decisions Shed Light on Tribunal Decision Making
As the March 2020 local government elections near, the Office of the Independent Assessor (“OIA”) has…
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Exposing Your Trunks: New Disclosure Obligations for Infrastructure Charges
Councils rely on infrastructure charges to cover costs associated with delivering crucial trunk infrastructure…
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What is the Role of A Family Lawyer?
Our role as family lawyers is to assist our clients to resolve their legal matters. Whatever a family…
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Company Compliance Tips for Small Business Owners
A small business owner will often first encounter a company structure when in the midst of purchasing…
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Testamentary Trusts
Estate planning is about more than just preparing a valid Will. It’s about making sure your family is…
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Can the Body Corporate Tow My Car?
Contrary to what you may think, a body corporate does not have any power under legislation to tow your…
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Overdue Rates and Charges - Don't Take it Personally!
The High Court handed down its decision in Brisbane City Council v Amos [2019] HCA 27 on 4 September…
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Talking Rubbish
Councils will be familiar with the Waste Levy, introduced from 1 July 2019, and the annual payment the…
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Clearing Vegetation a Complex Matter
Fairmont Group Pty Ltd v Moreton Bay Regional Council [2019] QCA 081 The Queensland Court of Appeal…
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No Place for Romance in Procurement
A recent investigation by the Western Australian Crime and Corruption Commission (CCC) highlighted the…
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Retail Leasing - Things You Need to Know
There is legislation in Queensland that regulates the leasing of retail premises, Retail Shop Leases Act 2009 (Qld) (“RSLA”)...
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Federal Government Boost for Indigenous Business
From 1 July 2019, the Federal Government Indigenous Procurement Policy (IPP) amendments will kick in.…
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Flushing out Uncertainties with the new Plumbing and Drainage Act and Regulation
The old Plumbing and Drainage Act 2002 was repealed and the new Plumbing and Drainage Act 2018 (PDA)…
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Superannuation Death Benefits
Most superannuation policies provide for benefits payable upon the death of the member of the superannuation…
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Asbestos Registers - Do Commercial Properties Need Them?
The Work Health and Safety Regulation 2011 (Qld) (WHS Regulations) will require commercial property…
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Legislative Changes are Looming
Proposed legislative changes were introduced into the Queensland Parliament on 1 May 2019. The Local…
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Human Rights Act 2019 - What Councils Need to Know
Local governments will soon be required to include an additional step in their decision-making processes…
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High Court's Native Title Compensation Ruling
On 13 March 2019, the High Court delivered its first ruling on compensation payable to native title…
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Is Driving When Tired as Bad as Drink Driving?
Nowadays, we are very aware of the dangers of driving under the influence of alcohol, and it is undoubtedly…
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Facebook and Personal Conduct
As a Local Government employee, there are many rules and regulations you must adhere to in the workplace.…
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Taking the Castle – Latest Case on Compensation to Landowners
Compulsory acquisition of land under the Acquisition of Land Act 1967 (“ALA”) has long been an important…
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Things to Consider When Preparing A Will
At Preston Law, we appreciate that for our Cairns and Queensland clients, planning a Will can be a daunting…
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Making Good Money From Hot Air
The Clean Energy Regulator announced last week the 9th Emissions Reduction Fund (ERF) auction will take…
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Cautionary Tales About Facebook
Tale 1 – Office of the Independent Assessor – First Ever Misconduct Finding The Office of the Independent…
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Lessor Alert - Why The Preparation of a Breach Notice Matters
When a notice is required If a Tenant fails to comply with its obligations under a Lease, the Lease…
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Preparing For Unplanned Business Interruptions
A Buy-Sell agreement is a contract between members of a jointly owned business (for example the partnership…
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Councillor Conflicts Back In The Frame
The Queensland Integrity Commission and the Office of the Independent Assessor (OIA) has published new…
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New Information Commissioner Decisions Highlight RTI Tips And Traps
Recent decisions by the Office of the Information Commissioner Queensland are timely reminders of the…
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Restraints Of Trade - What You Need To Know
Restraints of Trade - what are they? Restraint of Trade is a specific term in law that can be inserted…
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How to Choose the Best Lawyer for Your Situation
Need a lawyer? When you need a lawyer it pays to be careful and to do your research, rather than simply…
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Time Limits - Do They Apply When Suing for Unpaid Rates?
Unpaid rates and charges can be a significant burden on the resources of Councils. As all Councils…
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The Perils of the “Preferred Candidate”
Navigating the Queensland industrial relations systems, which has seen significant reform in the last…
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Compliance with Retail Shop Legislation a Must for Local Governments
The Retail Shop Leases Act 1994 (Qld) (Act) was enacted to promote efficiency and equity in the conduct…
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What is Wrong with DIY Will Kits?
The simple answer is nothing but on the same hand everything. DIY Will kits can be seen as a favourable…
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What is an Enduring Power of Attorney?
An enduring power of attorney is a document that allows a person to appoint one or more attorneys to…
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When Do I Need To Hire A Lawyer?
On the surface, this might seem like a straightforward question, but very often in situations where…
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What is The Difference Between a Retail Lease and a Commercial Lease?
What is a lease? A lease is a legally binding contract between a lessor and lessee for the lease of…
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What Business Structure Should I Choose?
Starting a business or firm in Cairns can be an exhilarating and busy time, but it is crucial to set…
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Are You Affected By An Encroachment?
Many land owners are faced with the issue of what to do about an encroachment. An encroachment commonly…
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Online Safety
A part of parenting in today’s world involves monitoring the use of your children’s internet resources…
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Code of Conduct Is A Reality
Amidst the implementation of the Belcarra Report, a Code of Conduct was legislated, the primary role…
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Re-negotiating Contract Terms Under Building And Pest Inspection Condition
Most residential contracts will include a building and pest inspection condition. The building…
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What to expect when meeting your Lawyer for the first time
Now that you've made the decision and found the law firm that seems best suited to your needs, it's…
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GST Withholding Law
The Real Estate Institute of Queensland has released new legal contracts for the sale of residential…
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Why You Should Always Be Honest With Your Lawyer
Honesty is the best policy – especially when you are dealing with your lawyer. Just like any relationship…
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Choosing the Right Lawyer
When in any complex legal situation especially one that involves a huge amount of money, it is best…
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3 things to keep in mind when leasing your first retail property
Business premises are a critical feature of the future of any new business. People sometimes forget…
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Co-Ownership of Real Property – What to do when things go wrong
There are always great property investments in Cairns and while there may be many benefits to acquiring…
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Councils back under the microscope – How does the new legislation affect Local Government?
Corruption Commission’s Operation Belcarra, into activities of some officers and councillors in southeast…
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What is a Private Access Easement?
Easements are rights that attach to a land which give the holder the right to use the relevant land…
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How to Be Prepared for Your Initial Estate Planning Appointment
For some the thought of preparing a Will is daunting but at Preston Law, we hope to make the whole process…
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Safe Workplace
In this day and age, people take for granted their health and wellbeing. Often, people do not realize…
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What do the recent changes to the Family Law Rules mean for you?
In 2017, at the direction of the federal government, the Australian Law Reform Commission began the…
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Witnessing Documents Outside Australia
There are always a number of documents that need to be signed when buying or selling a property. The…
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When do I need a native title lawyer in Queensland?
Native title is an extremely specialised area of law which, in relative terms, remains very young. …
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DIY Legal – Should You DIY Or Call In The Experts?
At some point in our lives, we all have legal problems and there is always a temptation to save money…
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I Don’t Live In Cairns – Can I Still Use A Cairns Lawyer?
Living in a remote area sometimes means you don’t have as many choices as people in the city. This…
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What is a Grant of Probate?
Quite simply, a Grant of Probate is the Supreme Court of Queensland’s official recognition of a Will…
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What are my rights in a franchise dispute?
Franchises have become a very popular form of small business amongst small business owners over the…
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Effective debt recovery
Debt collection is not something any business in Cairns wants to have to engage in, but it is an inevitable…
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Why Choosing A Locally Owned Business Is Better Than A Large National Corporation
When choosing a lawyer, there are dozens of options but, in the end, it really comes…
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What do I do if my tenant doesn’t pay their rent?
The recovery of rental and other payments from tenants is a fact of life for commercial landlords. …
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What Does Without Prejudice Mean
During legal disputes parties will often send each other correspondence that is marked either “Without…
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Partnerships and their dissolution
What is a partnership? Partnerships are a common business structure. A partnership will exist where…
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Succession Planning: The Family Farm – A Source of Family Conflict
It is quite often the case that the family farm has either passed to mum and dad (the patriarchs) from…
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How is native title addressed when a mining lease is granted?
The granting of a mining lease is a future act. A Future Act is an act done after 1 January 1994 which…
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Does Native Title Affect My Interests?
What is Native Title? The expression “native title” means the communal, group or individual rights and…
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Caveats
A caveat is a notice that can be lodged with the Department of Natural Resources and Mines to prevent…
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Choosing A Lawyer In Cairns: A Generalist Or A Specialist?
The days of the legal generalist are over. While there are still lawyers in Cairns...
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Cairns Supreme Court Orders Multi Million Dollar Judgment In A Contract Dispute Case
In October 2017 Preston Law successfully represented the Plaintiff in the Cairns Supreme Court in Drane…
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Council Rates and Charges back in the spotlight: New Bill proposes to soften the effect of ‘Linville’
Most local governments will be aware of the Supreme Court of Queensland’s November 2017 legal decision…
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Important Things To Consider When Choosing A Lawyer
Choosing a lawyer in Cairns could be very daunting and overwhelming, and the purpose is to ensure you…
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How To Choose A Lawyer The Right Way
Choosing a lawyer in Cairns could be very tough, you need to know exactly what you’re looking for if…
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When You Need a Mining Lawyer in Cairns
The mining industry in Australia has played an important role in Australia’s economy over the years!…
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Are you faced with Losing Your License?
Most people living in Cairns rely on being able to drive themselves from place to place. Whether it’s…
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Why It’s Always Best To Hire a Local Lawyer
There are many advantages in choosing to work with a local Law Firm that is close to home and familiar…
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Succession Planning
Many business owners in Cairns believe that because they have a Will, they have made adequate preparations…
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What Preston Law Can Help You With
At some point in their lives, most people find themselves in a situation where they need assistance…
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3 Ways To Reduce Your Legal Fees!
We all know that legal fees can add up! Like any professional service, hiring a Lawyer in Cairns will…
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Preston Law: Our Practise Areas
If you find yourself in need of a Lawyer, choosing the right Law Firm can be a difficult and overwhelming…
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How to Reduce Risk of Bankruptcy
Sadly, bankruptcy is not uncommon in today’s society. With the ever increasing cost of living, people…
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Five Questions To Ask Your Next Lawyer
Your first consultation with your Lawyer is an important one. It is the perfect time to establish whether…
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What are litigation services?
Dealing with legal disputes can be a difficult and stressful time in your life. But the right lawyer…
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How a lawyer can help you and your business
Business lawyers provide legal services to small and medium sized businesses. Anyone that owns a business…
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How to Choose a Lawyer
If you’re lucky, you’ve gone through life without ever needing a lawyer…. but then something unexpected…
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There Are Times When You Need A Lawyer In Cairns
Living in Cairns brings with it the promise of a more relaxed lifestyle. Cairns attracts people from…
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When You Need A Lawyer In Cairns
Preston Law services is based in Cairns and provides a broad spectrum of specialised law services to…
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Cairns Native Title
Preston Law boosts the ranks of its Cairns Native Title Lawyers. On 30 June 2017, Preston Law in Cairns…
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