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Litigation

Potts Lawyers > Litigation (Page 3)

Case Study – Jurisdictional Objection to an Unfair Dismissal Case

We previously successfully acted for an employer who was served with an unfair dismissal application. The applicant was self-represented. In our client’s submissions we raised jurisdictional objections on the basis that: the applicant had not satisfied the minimum employment period in the context of a small business employer as required under the Fair Work Act 2009 (Cth); and our client was a small business who had complied with the Small Business Fair Dismissal Code. It was submitted in our client’s submissions that by reason of the jurisdictional objections raised, the applicant was not entitled to protection from unfair dismissal under the Fair...

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QBCC Licence Applications and Fit and Proper Person Test

QBCC Licence Applications and Fit and Proper Person Test By Jason Papoutsis   Who needs a QBCC Licence? In Queensland, individuals require licences to work in the building and construction industry.  These licence applications are assessed by the Queensland Build and Construction Commission (“QBCC”). QBCC Licences are required for many trades, including but not limited to: Air handling duct installation Brick and segmental paving Bricklaying and blocklaying Builder (low rise, medium rise, open) Builder Restricted (shopfitting, structural landscaping, kitchen, bathroom, and laundry) Cabinet making Concreting Carpentry Fire Systems (Passive, water-based, and electrical based) Floor finishing and covering (hard sector) Foundation work (piling and...

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Case Study – Residential Tenancy Disputes

We previously successfully acted for clients who were involved in a residential tenancy dispute.   The Situation Our clients were renting a luxurious property on the Gold Coast and were having communication issues with the property managers. Unfortunately, due to communication issues with the property managers, our clients decided to terminate their residential tenancy lease and vacated the property in accordance with the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). Our clients took steps to try to assist the property managers with finding replacement tenants, including paying for the advertising fee so that the property could be re-advertised online. Unfortunately, none of our client’s...

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NDIS Commission Investigations and Banning Orders

ndis commission investigation potts lawyers

What is the NDIS Commission?   The NDIS Quality and Safeguards Commission also referred to as the NDIS Commission, is an independent commission which was established on 1 July 2018, to improve the quality and safety of services funded by the “National Disability Insurance Scheme”. The NDIS Commission exists as part of a federal agreement between the Australian Government and states and territory governments, named the “NDIS Quality and Safeguarding Framework”. The NDIS Commission’s role is to: manage complaints about NDIS providers; improve the quality and safety of NDIS supports and services; regulate NDIS service providers and workers; lead education, capacity building and development...

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Anti-Discrimination Law Reform on the Horizon in Queensland

anti discrimination law queensland potts lawyers

QHRC Review Report The Queensland Human Rights Commission (QHRC) has concluded its review of Queensland’s 30 year old legislation, the Anti-Discrimination Act 1991 (Qld).  The review involved wide ranging consultations with more than 120 stakeholders, 4 public consultations, and 6 roundtables. The report, titled “Building belonging: Review of Queensland's Anti-Discrimination Act 1991”, was tabled in parliament on 1 September 2022, and includes 46 recommendations to strengthen and clarify discrimination laws in Queensland. According to the QLS, the Commissioner of the QHRC, Mr Scott McDougall, identified the following aims of the recommendations within the report: Eliminating discrimination by introducing a new Act with objects...

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Dispute Resolution: 4 Key Factors to Consider when Assessing Whether You Need a Lawyer

2 goats locking horns over civil ligitation dispute

Introduction In the modern world, disputes arise in a wide variety of ways, whether in your personal life or in the course of running a business.   At the heart of every dispute is a disagreement or argument with respect to one or more issues between parties. A majority of the disputes which we encounter in everyday life resolve on their own, and without legal intervention.   However, in many cases, parties to a dispute are not able to resolve the dispute amongst themselves, and the dispute remains unresolved. An unresolved dispute may strain the relationship between the parties.  Even worse, an unresolved dispute may...

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Workcover Claims Against Uninsured Employers

unsinsured employers potts lawyers

What are an Employer’s Responsibilities in Queensland with respect to health and safety?   Generally, in Queensland, employers and business owners have a legal responsibility known as the primary duty of care in the Work Health and Safety Act 2011. To meet your duty of care, you must: provide a safe work environment; ensure safe use, handling and storage of machinery, structures and substances; make sure your facilities are well-maintained and at an acceptable standard; give your workers any information, training, instruction or supervision needed for safety; keep an eye on the health of workers and conditions at your place of work; ...

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University Investigations involving Allegations of Misconduct or a Breach of the Student Code of Conduct

Code of Conduct

Introduction Students who face allegations of misconduct with their educational institutions, are increasingly engaging lawyers to obtain advice in defending those allegations. This article explores the many reasons why students are entrusting lawyers to assist them in these situations. Obviously, a finding of misconduct could have an adverse impact on your ability to complete your degree or certificate since the disciplinary action may include suspension or even expulsion from the University.  In the case of expulsion, some credits may not be transferrable or the student may be required to move to a different region to complete there studies at another university. These consequences can...

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Duty to Prevent Insolvent Trading Under the Corporations Act

Managing cashflow in any business is critical from an operations perspective, but it is also critical from the perspective of a director of a company. There can be serious consequences if a director of company allows (whether deliberately or unknowingly) fails to prevent a company from trading insolvent or from trading in a way that will make the company insolvent. Depending on the circumstances, a breach of this duty could attract criminal or civil penalties.   It's Essential to Seek Legal Advice Our firm has lawyers who specialise in civil litigation and criminal law and we pride ourselves on providing high quality services to assist...

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Duty to Disclose Material Personal Interest Under the Corporations Act

We understand that balancing business and personal matters can be challenging, and sometimes the lines between the two can be blurred, especially for a director of a company. People who you meet through business can easily become friends, or may be considered family and it is easy to forget about your duty as a director to disclose material personal interests. No matter what the circumstances may be, being proactive is usually better than being reactive in the context of director duties, and seeking independent legal advice early can often lead to a more favourable outcome. In any case, if allegations have been raised...

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