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When out-of-hours conduct are cause for dismissal

When out-of-hours conduct are cause for dismissal Our previous blog “When does out-of-hours conduct cause for employee dismissal?” highlighted the consequences for employees who engage in certain conduct outside work hours such as a fight, sexual harassment, social media content and public drinking. Recent cases of Sydney Trains v Andrew Bobrenitsky (2022) and Corry v...
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Existing IP – Buyer beware

Existing IP – Buyer beware Thinking of buying a business’ intellectual property? Before you sign on the dotted line, there are a few things to consider. What is intellectual property? Intellectual property, also known as IP, refers to creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names and images...
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Co-ownership agreements – what are they for?

Co-ownership agreements are becoming increasingly important. With the rising costs of housing and land, it’s common to see multiple persons (other than spouses) owning property. Whether it’s a first home with siblings to get into the property market, an investment property or farmland for the family’s business, a co-ownership agreement can save you costly disputes....
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Can an employer direct an employee to be vaccinated?

Can an employer direct an employee to be vaccinated? We have previously written about the COVID-19 business restrictions in Queensland and how an employer may require an employee to be vaccinated. While that may be the case, it is not as straight forward as it may seem. There are specific considerations when determining who must...
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COVID-19 business restrictions and requirements in Queensland

COVID-19 business restrictions and requirements in Queensland, on 8 October 2021, the Chief Health Officer issued directions in accordance with emergency powers arising from the declared public health emergency. These directions set out the requirements that restricted businesses in Queensland must follow. Restricted businesses included businesses in the hospitality, entertainment venues, personal care services industries,...
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Emergency powers arising from COVID-19

Direction from Chief Health Officer – Emergency powers arising from COVID-19 While there has been some debate regarding mandatory vaccination requirements, the recent public health direction has set out new requirements for workers in healthcare, their employees, and responsible persons in healthcare settings, including limited exceptions. On 29 January 2020, the Minister for Health and...
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changes to defamation laws in Queensland

Updates to Defamation Laws in Queensland

On 20 April 2021, The Defamation (Model Provisions) and Other Legislation Amendment Bill 2021 (“the Bill”) was introduced into Parliament to amend parts of the Defamation Act 2005 (Qld).  In 2006, Queensland and the other states and territories adopted the Uniform Defamation Laws (“UDL”). Following the adoption, the law on defamation was substantially the same...
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right to a view in Queensland

Is there a right to a view in Queensland?

If you’re thinking about purchasing a picturesque property overlooking a scenic vista, please bear in mind that property owners do not have a legal entitlement to a view in Australia.  Sometimes, the risk to your view arises from new development.  If so, you may be able to make submissions to your local counsel to oppose...
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social media defamation

The Perils of Social Media Defamation

Defamation is an area of the law that most readers would be familiar with. The general idea is that if one person publishes an opinion about another person which reduces their standing within the community, it can be classified as defamation. It is a legal issue presented in popular culture, because we live in an...
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defamation

Defamation, Civil and Criminal: The limits of what you can say.

We’re generally free to say what we want, but there are limitations to free speech that cover a wide range of issues important to society. Defamation laws protect people and organisations from abuses of free speech. What is it? Defamation is a civil action allowing parties to seek compensation for damages against a person’s reputation...
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