An individual found guilty of the offense of stealing can receive significant penalties including community service, fines and even imprisonment. In this article your rights and possible charges regarding the offence of stealing will be outlined. The crime of stealing is administered by the Criminal Code Act 1899 and is defined as taking something from …
Bail Laws in Queensland
Bail laws in Queensland are governed by the Bail Act 1980 (‘the Act’). Individuals accused of committing a criminal offence will generally receive a ‘Notice to Appear’ which states a time and date in which they must appear in court. In cases of serious offences, individuals may be remanded and held in custody until this …
Breaking a Residential Lease in Qld
Are you breaking a residential lease in Queensland? Residential tenancies within Queensland are governed by the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (the ‘RTRA’). This Act set outs issues and remedies which may arise from a residential tenancy lease, such as breaking one. Chapter 5 within the RTRA states the ways a residential …
Tree Disputes in Queensland
Tree disputes in Queensland are primarily governed by the Neighbourhood Disputes (Diving Fences and Trees) Act 2011 (Qld) (‘the Act’). The Act aims to provide avenues for neighbours to resolve disagreements surrounding trees on adjoining properties. Trees Disputes – Covered Under the Act The Act defines ‘tree’ and what is covered by the Act under …
Workplace Discrimination Queensland
In relation to workplace discrimination, Queensland workplaces are governed by the Anti-Discrimination Act 1991 (‘the Act’). This area of law makes it unlawful to treat an individual less favourably due to a certain attribute, this includes characteristics such as age, race, sexuality, and religious/political beliefs. Discrimination within the workplace may result in legal action under …
Commercial Lease in Queensland
A commercial lease is commonly referred to a retail or non-retail lease, these are non-residential leases. The commercial lease contract between the owner of the property (the landlord) and the party renting the property (the tenant), consists of provisions consistent with relevant legislation and common law principles. Retail leases deal directly with customers, such as …
Vicarious Liability of Employers – Employment Law
Vicarious liability in employment law arises in certain circumstances which will make an employer liable for the actions on an employee. Employers and employees have a special relationship when it comes to liability in negligence claims. An employer has a duty of care to protect their employees and workers from the actions of others employed …
Setting Aside a Default Judgement in Queensland
Are you thinking about setting aside a default judgment? A default judgement may be ordered in instances where the Plaintiff has filed a statement of claim, however no defence has been filed by the other party. A default judgement may also be made if a Defendant fails or neglects to pay any amount claimed within …
What is a Caveat in Queensland
The word caveat simply means “let him beware”! An unregistered interest in a lot may need protection when it comes to matters such as transfers of title, mortgages, and subdivision. A common way in protected these interests is through the lodgement of a caveat. A caveat is a legal document which prevents the registration of …
Contract Frustration in Queensland
Contract frustration occurs if, through no fault of either party, an event has caused a contract to be unable to be performed without changing the essence of what was agreed, a contract will be considered frustrated. Or in other words, if the contract is radically different from what was agreed upon. This issue has become …
Enforcing a Judgement on the Sunshine Coast
Enforcing a judgement made by a court or tribunal may occur when an order has been made for the payment of a debt, however the defendant has not complied with the terms of the judgement. A judgement may be enforced in a number of ways; some avenues require the creditor to have evidence that the …
Most Commonly Broken Road Rules in Queensland
Queensland Police have listed the most commonly broken road rules within our state. This may be due to drivers being unaware of them or are simply reluctant to follow them. Queensland’s road rules are contained within the Transport Operations (Road Use Management- Road Rules) Regulation 2009 (the Rules). This article is available for the purpose …
What is a Duty of Care in Queensland?
A duty of care is defined in the Civil Liability Act 2003 (CLA) as a duty to take reasonable care or to exercise reasonable skill (or both duties). This legal obligation to take a reasonable standard of care to prevent foreseeable harm to another individual, is a vital element in the tort of negligence. This …
Sunshine Coast Debt Recovery Solicitors
Sunshine Coast debt recovery lawyers offer a variety of individual solutions to suit your situation when recovering outstanding debts. Whatever the issue, bad debtors, outstanding invoices or clients who refuse to pay, Sunshine Coast debt recovery lawyers can help from start to finish! The first step in the process is sending a lawyers letter of …
What is a Property Easement?
A property easement may be briefly defined as a right to use a section of land, not owned by you, in a specified way. Common reasons for granting an easement over an individual’s property may include an access right of way, drainage, supply of utilities and sewerage. For a validly enforceable easement to be created, …