Case Summary

Where a tenant is in breach of their obligations under a lease, the Property Law Act 1974 (Qld) provides a number of requirements for landlords seeking to exercise their right of re-entry of forfeiture of the lease. The case of Tyrrell & Anor v Jesbro Enterprise Pty Ltd handed down in the Supreme Court of […]

The decision of District Court Judge McGill SC in Engeler v State of Queensland [2017] QDC 253 starts: “It was a dark and stormy night, and the Plaintiff was travelling across Moreton Bay…” The Plaintiff, Ms Engeler, suffered injury in the course of her employment on 18 October 2013 when she was thrown to one

Friday the 13th was not a bad omen for parents Mr and Mrs Berghan as it was the day the Queensland Court of Appeal delivered its reasons for reversing the District Court decision to deny them the right to be repaid money they had lent to their son.

The Court of Appeal reversed a District Court Decision in the matter of Berhane v Woolworths Limited [2017] QCA166. Mr Berhane was employed by Woolworths Limited as an Order Selector in a large warehouse. He was required to lift and stack heavy cartons up to a thousand times per day. Mr Berhane had a pre-existing

A recent Supreme Court of Queensland decision provides a timely reminder to those who have self-managed superannuation funds (SMSF) and their advisors to ensure any changes made to SMSF documents are legally valid.

The New South Wales Court of Appeal recently handed down an instructive decision on common questions that arise in construction disputes.

We have previously written about general safety instructions being deficient in specific circumstances and how liability can attach to workers performing seemingly mundane “domestic” tasks in a work environment. The case of D’Arcy v The Corporation of the Synod of the Diocese of Brisbane handed down in the Supreme Court of Queensland on 31 May

In Mason v Harrington Corporation Pty Ltd [2007] FMCA 7, Federal Magistrate Mowbray listed factors that had been taken into consideration by the Federal Court in several different underpayment matters in determining a penalty. These included: the nature and extent of the conduct the nature and extent of any loss or damage whether there had

The Queensland Industrial Relations Commission (QIRC) has ordered a hotel and its night caretaker to pay more than $300,000 in damages for the sexual assault of a female employee after unsolicited sexual advances were made. The QIRC held that the unsolicited advances constituted sexual harassment and found the hotel and caretaker jointly and severally liable.

By now you all would have heard or seen the news report that BMW Australia Finance Limited has entered into an enforceable undertaking with ASIC to the tune of $77 million. This includes a $5 million payment to contribute to consumer advocacy and financial literary initiatives.  The remaining $72 million comprises write-offs of loans valued