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# Mullins Lawyers | Advisors | Partners

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- [Home](https://www.mullinslawyers.com.au/) - Leaders in law, Partners in business We’ve built a reputation for being leaders in law – by combining unique industry insight, clear practical advice and adding value to client businesses across Australia and the world. Insightful, enabling, invested As your business evolves, so does our approach.We combine extensive legal experience with an in-depth understanding of your
- [Careers](https://www.mullinslawyers.com.au/about/careers/) - Working at Mullins is More Than a Job What’s it like to work at Mullins? Ask around the Mullins office and the team will describe an environment that combines hard work and fun; leaders who inspire; and a supportive culture that values career development and personal growth. We think we’ve got the balance just right.
- [Our Culture](https://www.mullinslawyers.com.au/about/our-culture/) - LIFE AT MULLINS IS A LITTLE DIFFERENT Life at Mullins You’d expect the culture of a large corporate law firm to be serious, straight-laced and slightly stuffy. We’ll admit to being serious when we need to be, but the other two? Never.For our clients, that means being more than just expert lawyers to deliver practical,
- [Our Services](https://www.mullinslawyers.com.au/services/) - Our Services Mullins Lawyers | Advisors | PartnersOur Services At Mullins, we deliver more than law. With a strong history of performance and a reputation for excellence, we combine deep technical expertise with a genuine understanding of our clients’ needs. Whether advising businesses on property, insurance, corporate matters and litigation, or supporting individuals with personal
- [Awards & Recognition](https://www.mullinslawyers.com.au/about/awards-recognition/) - Recognised Leaders, Award-winning Performance Mullins is a highly-awarded law firm with many of our teams and lawyers formally recognised within their field of expertise and industries. Firm Recognition 2026 Best Law Firms – Best Law Firms™ in Australia. National Tier 3Retirement Villages and Senior Living LawMetropolitan Tier 1 – BrisbaneHospitality and Tourism LawRetirement Villages and
- [Community](https://www.mullinslawyers.com.au/about/community/) - Mullins is committed to giving back to the community in which we operate. We do this in several ways including providing pro bono legal services, engaging local suppliers for goods and services and supporting local charities and communities in need.Throughout the year, staff participate in various charitable events and activities as part of our Community
- [Contact](https://www.mullinslawyers.com.au/contact/) - P 07 3224 0222 F 07 3224 0333 E Admin@mullinslawyers.com.au A Level 21, 123 Eagle Street, Brisbane City, QLD 4000 P GPO Box 2026, Brisbane City, QLD 4001 Submit an enquiry "*" indicates required fields FacebookThis field is for validation purposes and should be left unchanged.First name*Last name*Company nameEmail* Phone number*Enquiry / CommentVERIFICATION: What does
- [Privacy Policy](https://www.mullinslawyers.com.au/privacy-policy/) - MULLINS PRIVACY POLICY Mullins and its related entities (Mullins, us, we, our) respects and values your privacy and is committed to keeping your personal information private. The Privacy Act 1988 (Cth) regulates the way in which we collect and use your personal information, as well as the circumstances under which we might provide information to
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- [Our Experts](https://www.mullinslawyers.com.au/our-experts/) - Submit email view profile view linkedin Sam McIvor Managing Partner email view profile view linkedin Curt Schatz Partner email view profile view linkedin John Mullins Partner email view profile view linkedin Pat Mullins Partner email view profile view linkedin Alex Nordang Partner email view profile view linkedin Annabelle Efstathis Partner email view profile view linkedin
- [Our Industries](https://www.mullinslawyers.com.au/industries/) - Committed to key industries We have immersed ourselves in nine key industries, developing specialist knowledge and practical skills to become market-leading experts in these areas.Our commitment is to provide more than legal advice to help you do more and achieve more. 25 years in your industry Our expertise has been acquired across 25 years of
- [Subscribe for Latest Publications and Updates](https://www.mullinslawyers.com.au/subscription-preferences/) - Subscribe "*" indicates required fields InstagramThis field is for validation purposes and should be left unchanged.First name*Last name*Email* Company Name*VERIFICATION: What does 2 + 3 equal?Select your industry interests Business News (includes Property, Litigation, IP, Employment, Corporate, and Migration) Private Client News (includes Wills & Estates, Conveyancing, Migration (personal), Family and Relationship Law and Plaintiff
- [Terms and conditions](https://www.mullinslawyers.com.au/terms-and-conditions/) - Mullins Website Terms & Conditions Website terms and conditions These terms and conditions apply to the use of this website, app or application (website). By using this website you agree to be bound by these terms and conditions. We do not assume any duty of care with respect to any information and materials you access
- [More than Law](https://www.mullinslawyers.com.au/about/more-than-law/) - Mullins has developed a unique approach to servicing clients Our approach combines three elements to deliver comprehensive, strategic solutions that are more than law. In addition to providing legal expertise, we are also experienced Advisors and, together, we partner with our clients to ensure they achieve outcomes that are greater than expected. We are your
- [Our Vision](https://www.mullinslawyers.com.au/about/our-vision/) - WE DELIVER MORE THAN LAW Doing business today demands lawyers who deliver more than legal expertise. You need industry experts who provide clear, practical advice to help you achieve your goals. At Mullins, we actively choose to see your business in a different light – as Lawyers, Advisors and Partners – to deliver more than
- [About](https://www.mullinslawyers.com.au/about/) - We Deliver more than law Doing business today demands lawyers who deliver more than legal expertise. You need industry experts who provide clear, practical advice to help you achieve your goals. At Mullins, we actively choose to see your business in a different light – as Lawyers, Advisors and Partners – to deliver more than
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## Experts

- [Pierce Carstensen](https://www.mullinslawyers.com.au/experts/pierce-carstensen/) - Pierce Carstensen is a Partner at Mullins and leads the firm’s Family Law practice. He is an experienced family law lawyer, having advised clients on complex property settlements, parenting matters, and financial agreements for more than 15 years.He advises individuals, business owners, and high-net-worth clients on matters involving separation, asset division, child custody arrangements, and
- [Are Watne](https://www.mullinslawyers.com.au/experts/are-watne/) - Are is an experienced banking and finance lawyer with more than 15 years’ experience advising on a broad range of finance transactions, including project, corporate, acquisition and property finance. He also has significant experience acting on solvent and insolvent restructurings, as well as the procurement, delivery and financing of major infrastructure assets. Are acts for both borrowers and lenders, with a practice that spans property, investment and development finance, project finance and general commercial and corporate finance. He regularly advises banks, non bank lenders and domestic and international private credit providers on first ranking, mezzanine and preferred equity debt transactions. On the borrower side, he frequently acts for property developers across property funds, industrial, mixed use and residential projects. Are takes a rigorous and commercially focused approach to transactions, ensuring his clients’ interests are appropriately protected while achieving the commercial outcomes in the required timeframes.
- [Bronte Jackson](https://www.mullinslawyers.com.au/experts/bronte-jackson/) - Bronte is an Associate in the Business Services team, with a focus on employment law. She specialises in employment relations, industrial relations, and workplace health and safety, offering practical advice on both contentious and non-contentious matters.
- [Lynn Lai](https://www.mullinslawyers.com.au/experts/lynn-lai/) - Lynn is an Associate in the Wills and Estates team. She acts for clients across estate and trust administration, estate and trust litigation and estate planning.Lynn advises executors, trustees and beneficiaries in contested probate and administration matters, family provision claims, trust and superannuation disputes, and QCAT proceedings. She also advises clients on estate planning strategies
- [Sarv Singh](https://www.mullinslawyers.com.au/experts/sarv-singh/) - Winner of the 2024 Lawyers Weekly 30 Under 30 Award in the Migration Law category, Sarv is an experienced Migration lawyer with a proven record of successfully advising clients on their best pathways to Australian permanent residency.
- [Roz van der Blom](https://www.mullinslawyers.com.au/experts/roz-van-der-blom/) - Roz van der Blom is an experienced personal injury and insurance lawyer, having advised both plaintiff and defendant client’s on workers compensation, public liability, motor vehicle accidents, and medical negligence insurance claims for more than a decade.She advises clients such as WorkCover Queensland on matters involving defending workers’ compensation insurance claims, as well as individuals
- [Alex Nordang](https://www.mullinslawyers.com.au/experts/alex-nordang/) - Alex is a Partner in our Litigation & Dispute Resolution team, specialising in the construction, development and infrastructure sector and offering more than 12 years’ experience in complex, high-stakes disputes arising from major projects.Alex has advised principals, contractors, state-owned entities and government bodies on disputes valued in excess of $1 billion, spanning projects across Australia,
- [Nick Thomas](https://www.mullinslawyers.com.au/experts/nick-thomas/) - Nick is an experienced construction and disputes lawyer, advising clients on complex construction disputes, contract risk and project delivery issues across Queensland and nationally. He acts for developers, principals, head contractors and subcontractors across the full project lifecycle, from procurement and contract negotiation through to claims management and dispute resolution.He regularly advises commercial developers and
- [Halie Beaumont](https://www.mullinslawyers.com.au/experts/halie-beaumont/) - Halie is an experienced succession lawyer, having worked exclusively in the area for more than 15 years.Halie works across all areas of wills and estates, including estate planning, estate and trust administration, estate and trust litigation and guardianship matters, with a focus on complex estate administration.Halie believes that achieving strong outcomes for clients begins with
- [Cameron Seymour](https://www.mullinslawyers.com.au/experts/cameron-seymour/) - Cameron is a Partner in our Insurance Litigation team. He acts for insurers defending claims for damages for personal injuries including work incidents, public liability, motor vehicle and total and permanent disability claims against superannuation.
- [John Mullins](https://www.mullinslawyers.com.au/experts/john-mullins/) - Regarded as one of Queensland’s leading sport lawyers, John is a Partner in our Business team. John was the firm’s Managing Partner from 1982 to 2015; leading Mullins’ growth from a small, family practice to the large commercial firm it is today.
- [Rachel Lusis](https://www.mullinslawyers.com.au/experts/rachel-lusis/) - Rachel is a Partner in our Wills and Estates team.Rachel was admitted in 2010. She holds a Bachelor of Laws (Hons) and a Master of Laws, both from the University of Queensland and a Master of Laws (Applied)(majoring in Wills and Estates) from the College of Law. Prior to joining our firm, Rachel worked for a
- [Sam McIvor](https://www.mullinslawyers.com.au/experts/sam-mcivor/) - Sam leads our Business team. He specialises in employment law, including employment relations, industrial relations and health and safety.
- [Carito Carrasco-Walker](https://www.mullinslawyers.com.au/experts/carito-carrasco-walker/) - Carito is a Registered Migration Agent (MARN 2519076) with more than seven years in the industry. She has worked with clients on a wide range of visa matters, including skilled migration, family and partner visas, employer-sponsored visas, and temporary and permanent residency pathways.She works with individuals, families, and businesses of all sizes on migration strategies
- [Michael Klatt](https://www.mullinslawyers.com.au/experts/michael-klatt/) - Michael leads our Wills & Estates team. He assists clients with their estate planning; from individuals with simple affairs to high net wealth clients with complex business structures and blended families.
- [Ashley Hill](https://www.mullinslawyers.com.au/experts/ashley-hill/) - Ashley is a specialist commercial litigator and arbitration practitioner admitted as a solicitor in Queensland and the High Court of Australia since 2000. Ashley has worked at top-tier law firms in Australia in addition to international law firms in Dubai (UAE) and Singapore (between 2006 and 2011). Ashley joined Mullins as a Partner in July 2025.With
- [Juanita Maiden](https://www.mullinslawyers.com.au/experts/juanita-maiden/) - Juanita is an experienced and commercial lawyer, with expertise in sports law and a background in commercial law and wills and estates.
- [Mitchell Osborne](https://www.mullinslawyers.com.au/experts/mitchell-osborne/) - Mitchell is a partner within our Property team who specialises in planning, environmental and construction law.Mitchell is also a qualified town planner and his nearly 20 years of experience includes acting for an extensive range of clients including State and Local Government authorities, developers, land owners and submitters on a broad range of planning, environmental,
- [Justin McInally](https://www.mullinslawyers.com.au/experts/justin-mcinally/) - Justin McInally is a Partner in Mullins’ Property team with more than 25 years’ experience in commercial property law.He advises a wide range of clients — including listed and private developers, syndicators, government bodies, airports, and high-net-worth investors — on the acquisition, sale, leasing, and development of commercial and industrial property. His experience spans major
- [Annabelle Efstathis](https://www.mullinslawyers.com.au/experts/annabelle-efstathis/) - Annabelle is a Senior Associate with a keen interest and experience in the hospitality industry.
- [Pat Mullins](https://www.mullinslawyers.com.au/experts/pat-mullins/) - Pat is a Partner in our Business team. He has 40 years in practice. He is Australia’s only canon lawyer who simultaneously practises as a common lawyer.
- [Sam Rose](https://www.mullinslawyers.com.au/experts/sam-rose/) - Sam is a Senior Associate in our Property and Hospitality Team with a broad range of expertise in commercial and property matters, particularly in the hospitality industry.Sam has worked with clients including owners and operators of pubs, community clubs, accommodation venues and childcare centres, as well as property developers and other SMEs, providing strategic guidance
- [David Callaghan](https://www.mullinslawyers.com.au/experts/david-callaghan/) - David is the lead Partner in the Business team. He has a particular interest in mergers and acquisitions in large private enterprise; and working with start-ups and sporting organisations.
- [Anthony O'Dwyer](https://www.mullinslawyers.com.au/experts/anthony-odwyer/) - As a Partner in our Property team, Anthony is a development, planning and environment, and major events specialist. He is also one of the few property law specialists accredited by the Queensland Law Society.
- [Stuart Lowe](https://www.mullinslawyers.com.au/experts/stuart-lowe/) - With more than 20 years in practice, Stuart is an experienced lawyer and Partner in our Property team.
- [Matthew Bradford](https://www.mullinslawyers.com.au/experts/matthew-bradford/) - Matthew is a Partner in our Property team. He works with many hotels, pubs, clubs, restaurants, property developers and commercial business owners who come to Matthew for advice on acquisition, sale and leasing of commercial property and business assets.
- [Gordon Perkins](https://www.mullinslawyers.com.au/experts/gordon-perkins/) - Gordon is a Special Counsel in our Business team. He has more than 30 years of banking experience within a major bank, government, and private practice. He has practiced as a banking and finance lawyer for 14 years.
- [Mark Madsen](https://www.mullinslawyers.com.au/experts/mark-madsen/) - Mark is a Partner in our Litigation team. He represents individuals, corporate clients of all sizes, accounting firms, banks and some of Queensland’s more prominent liquidators and trustees in bankruptcy.
- [Paul Lutvey](https://www.mullinslawyers.com.au/experts/paul-lutvey/) - A highly experienced litigator with specialist expertise in commercial contractual disputes and insolvency matters, Paul regularly advises clients in all aspects of dispute resolution. He is particularly experienced in property related and finance sector disputes, as well as trust claims.
- [Anna-Britt Kjellgren](https://www.mullinslawyers.com.au/experts/anna-britt-kjellgren/) - Anna-Britt has represented clients across a wide range of motor vehicle, workers’ compensation, public liability, and aviation matters since 2013.
- [David Isaac](https://www.mullinslawyers.com.au/experts/david-isaac/) - David is a Senior Associate in our Insurance Litigation Team.
- [Cybelle Wong](https://www.mullinslawyers.com.au/experts/cybelle-wong/) - Cybelle is an Associate in the Banking & Finance Team specialising in commercial lending. She acts for all types of lenders including private lenders, fund managers, real estate developers and individuals lending to family and their companies.
- [Joanne de Jesus](https://www.mullinslawyers.com.au/experts/joanne-de-jesus/) - Joanne de Jesus is an Associate in the Business Services team, with a focus on corporate and commercial law. She specialises in Mergers, Acquisitions and Disposals and Commercial advice.
- [Isaac Day](https://www.mullinslawyers.com.au/experts/isaac-day/) - Isaac is a Senior Associate with an expertise in Property Law with a particular focus on leasing and commercial transactions.As an experienced property lawyer, since his admission in 2018, Isaac has advised clients on all facets of commercial, retail and industrial leasing, and commercial, retail and industrial property transactions.He advises a broad range of clients
- [James Browning](https://www.mullinslawyers.com.au/experts/james-browning/) - James is a Senior Associate in our Property and Hospitality team with a wide variety of experience in commercial property law, having advised clients on related matters since his admission in 2017.James has extensive experience acting in matters involving the acquisition and disposal of commercial properties and businesses of varying natures and sizes across a
- [Glen Rolley](https://www.mullinslawyers.com.au/experts/glen-rolley/) - Glen is a Partner in our Property and Hospitality Team with a broad range of expertise in commercial and property matters.
- [Corina Chen](https://www.mullinslawyers.com.au/experts/corina-chen/) - Corina is a Partner within our Business Services Group and she practises exclusively in Australian immigration law.
- [Fiona Sears](https://www.mullinslawyers.com.au/experts/fiona-sears/) - Fiona is a Partner in our Property team. Leasing is Fiona’s specialty and she has significant experience advising clients across private and government sectors.
- [Louise Wallace](https://www.mullinslawyers.com.au/experts/louise-wallace/) - Louise is a Partner in our Property team and has more than 18 years’ experience. She advises clients on all aspects of law relating to hotel and pub transactions, providing commercial advice on property and business matters.
- [Andrew Nicholson](https://www.mullinslawyers.com.au/experts/andrew-nicholson/) - Andrew is a Partner in our Business team. He helps clients protect, enhance, commercialise and enforce their intellectual property rights; and advises on commercial and business matters including structuring, asset protection, contract terms, privacy and data.
- [David Williams](https://www.mullinslawyers.com.au/experts/david-williams/) - David is a Partner in our Business team. He has more than 35 years of experience as a commercial lawyer in private and corporate practice.
- [Curt Schatz](https://www.mullinslawyers.com.au/experts/curt-schatz/) - As our Managing Partner with more than 35 years of experience in law and business, including 28 years with Mullins, Curt is well positioned to ensure Mullins’ ongoing growth and stability.
- [Lachlan Thorburn](https://www.mullinslawyers.com.au/experts/lachlan-thorburn/) - Lachlan is a Special Counsel in our Commercial Litigation team, with extensive experience acting in complex and high-value disputes.His litigation practice spans trust disputes, professional negligence claims, leasing and contractual disputes, insurance recoveries, and matters involving significant misappropriation of funds. He advises and represents a broad client base, including insurers, national building suppliers, motor dealer
- [Gus Haseler](https://www.mullinslawyers.com.au/experts/gus-haseler/) - Gus Haseler is an experienced Projects, Planning and Environment lawyer, having advised clients on planning, environment, mining, energy and climate change for more than four years. Gus regularly advises on development appeals, planning and infrastructure agreements, and applications involving changes to land use, including extended trading hours. He is experienced in navigating regulatory frameworks and
- [James Holmes](https://www.mullinslawyers.com.au/experts/james-holmes/) - As Chief Operations and Financial Officer of Mullins Lawyers, James Holmes plays a pivotal role in leading the firm’s strategic direction and operational efficiency. Collaborating closely with the management team, James ensures that the firm remains on a path of sustainable growth and continues to adapt to industry demands. Background With over a decade of

## Industries

- [Property Development & Construction](https://www.mullinslawyers.com.au/industries/property-development-construction/) - Timely, comprehensive legal advice for property developers and investors—covering all stages of development to manage risk and protect interests.
- [Insurance](https://www.mullinslawyers.com.au/industries/insurance/) - Tailored legal advice for insurers, claims managers, and businesses—supporting the management of claims, risk, and compliance for effective outcomes.
- [Sport & Events](https://www.mullinslawyers.com.au/industries/sport-events/) - Legal expertise for sporting and event organisations—supporting governance, contracts, disputes, sponsorship, risk, and compliance across all levels.
- [Clubs](https://www.mullinslawyers.com.au/industries/clubs/) - Specialist legal support for clubs, navigating compliance, governance, licensing, and operations to stay viable, relevant, and successful in a changing industry.
- [Retirement Villages & Aged Care](https://www.mullinslawyers.com.au/industries/retirement-villages-aged-care/) - Legal support for retirement village and aged care providers—guiding acquisitions, compliance, operations, and disputes in a complex, evolving sector.
- [Pubs & Restaurants](https://www.mullinslawyers.com.au/industries/pubs-restaurants/) - Comprehensive legal support for pubs and restaurants—covering licensing, compliance, employment, property, and development to support growth and success.
- [Hotels, Accommodation & Resorts](https://www.mullinslawyers.com.au/industries/hotels-accommodation-resorts/) - Specialist legal support for accommodation providers—advising on licensing, compliance, development, and operations to manage risk and achieve success.
- [Education](https://www.mullinslawyers.com.au/industries/education/) - Expert legal support for schools and education providers across governance, employment, compliance, and operations—so leaders stay focused on education.
- [Church & Religious Organisations](https://www.mullinslawyers.com.au/industries/church-religious-organisations/) - Expert legal guidance for religious organisations, combining common and canon law to support governance, safeguarding, property, and operations with care.

## Services

- [Relocation & Travel Disputes](https://www.mullinslawyers.com.au/services/family-and-relationship-law/relocation-travel-disputes/) - Relocating a child to another town, state or country requires both parents’ consent. If agreement cannot be reached, the court may decide — approving a move only if it is in the child’s best interests.
- [Property Development](https://www.mullinslawyers.com.au/services/property/property-development/) - At Mullins, our dedicated Property team is composed of highly skilled and experienced lawyers, including a Queensland Law Society Accredited Specialist in Property Law.
- [Divorce & Relationship Breakdowns](https://www.mullinslawyers.com.au/services/family-and-relationship-law/divorce-and-relationship-breakdowns/) - Our family lawyers provide clear, compassionate guidance from your first consultation through to final resolution.
- [Children & Parenting](https://www.mullinslawyers.com.au/services/family-and-relationship-law/children-and-parenting/) - When relationships break down, agreeing on children’s care can be challenging. Our experienced Family Law team appreciates that every family is unique.
- [Family & Relationship Law](https://www.mullinslawyers.com.au/services/family-and-relationship-law/) - Mullins Lawyers offers comprehensive family law services, guiding clients through some of life’s most challenging moments with expertise, empathy, and discretion.
- [Financial Agreements](https://www.mullinslawyers.com.au/services/family-and-relationship-law/financial-agreements/) - A financial agreement is a legally binding contract that sets out how a couple’s property, financial resources and maintenance arrangements will be managed if they separate, rather than relying on the process in the Family Law Act.
- [Property Matters](https://www.mullinslawyers.com.au/services/family-and-relationship-law/property-matters/) - The Family Law Act 1975 (Cth) applies the same principles to property settlements whether you were married or in a de facto relationship, including same-sex couples.
- [Migration](https://www.mullinslawyers.com.au/services/migration/) - The immigration process can be challenging when you go it alone. Language barriers, lengthy immigration forms, not knowing who to contact - all cause stress, delays and tension we can help you avoid.
- [Business Health Check](https://www.mullinslawyers.com.au/services/business/business-health-check/) - The Mullins Business Health Check is designed to assist business owners by providing a comprehensive analysis of their business and associated legal risks.
- [Private Loans](https://www.mullinslawyers.com.au/services/banking-finance/private-loans/) - At Mullins Lawyers, we provide expert legal advice on private loan arrangements, assisting both lenders and borrowers in structuring transactions that are secure, compliant, and commercially sound. Our team has extensive experience advising on complex security structures, loan documentation, and risk management to ensure that private lending arrangements are properly structured and enforceable. We work
- [Securities for Obligations](https://www.mullinslawyers.com.au/services/banking-finance/securities-for-obligations/) - Mullins Lawyers offers comprehensive legal services in the creation, management, and enforcement of securities for obligations, ensuring that both lenders and borrowers are properly protected in financial transactions.
- [Structured Finance](https://www.mullinslawyers.com.au/services/banking-finance/structured-finance/) - At Mullins Lawyers, we provide a holistic approach to asset and structured finance, recognising the critical role your accountant plays in advising on tax considerations in the success of financing arrangements.
- [Commercial / Retail / Consumer Lending](https://www.mullinslawyers.com.au/services/banking-finance/commercial-retail-consumer-lending/) - At Mullins Lawyers, our Banking and Financial Services team provides expert legal advice on all aspects of commercial, retail, and consumer lending. We assist lenders and borrowers in navigating the complexities of loan structures, security arrangements, and regulatory compliance to facilitate seamless financing transactions. Our team has extensive experience advising on loan agreements, mortgage and
- [Banking & Finance](https://www.mullinslawyers.com.au/services/banking-finance/) - At Mullins Lawyers, our Banking and Finance team provides expert legal advice across a broad spectrum of financial services.
- [Vendor Finance](https://www.mullinslawyers.com.au/services/banking-finance/vendor-finance/) - At Mullins Lawyers, we provide expert legal advice to both buyers and sellers considering vendor finance, helping them navigate the potential challenges of such arrangements.
- [Compulsory Third Party Claims](https://www.mullinslawyers.com.au/services/litigation/compulsory-third-party-claims/) - At Mullins Lawyers, we specialise in handling personal injury claims arising from motor vehicle accidents.
- [Consumer Law](https://www.mullinslawyers.com.au/services/litigation/consumer-law/) - At Mullins Lawyers, we provide expert legal representation in all aspects of consumer law, assisting both individuals and businesses in navigating their rights and obligations under Australian consumer protection legislation. Whether you are a consumer seeking redress for unfair treatment or a business requiring guidance on compliance and dispute resolution, our team offers strategic advice
- [Debt Recovery](https://www.mullinslawyers.com.au/services/litigation/debt-recovery/) - At Mullins Lawyers, we provide expert advice to creditors, including both retail and commercial banking clients, on the recovery of secured and unsecured loans. Recovering outstanding debts can be a challenging and time-sensitive process, and our team is dedicated to helping businesses and individuals navigate these complexities with efficiency and precision. We offer strategic advice
- [Contractual Disputes](https://www.mullinslawyers.com.au/services/litigation/contractual-disputes/) - Our priority is to help you avoid litigation where possible by providing early, strategic advice to mitigate risks and resolve disputes efficiently.
- [Dispute Resolution](https://www.mullinslawyers.com.au/services/litigation/dispute-resolution/) - We focus on resolving disputes efficiently and strategically, helping clients avoid unnecessary litigation wherever possible.
- [Insolvency](https://www.mullinslawyers.com.au/services/litigation/insolvency/) - Mullins Lawyers provides expert legal advice and representation in all aspects of insolvency law, including liquidations, receiverships, voluntary administrations, and bankruptcies.
- [Public Liability Claims](https://www.mullinslawyers.com.au/services/litigation/public-liability-claims/) - Mullins Lawyers has been a trusted advisor to public liability insurers and self-insurers, providing expert defence in personal injury and property damage claims.
- [Trade Practices](https://www.mullinslawyers.com.au/services/litigation/trade-practices/) - Mullins Lawyers has a proven track record in handling trade practices matters, offering expert advice and representation to businesses across a wide range of industries.
- [Workers' Compensation Claims](https://www.mullinslawyers.com.au/services/litigation/workers-compensation-claims/) - Mullins Lawyers has extensive experience in defending workers’ compensation claims, including catastrophic injury and dependency claims.
- [Organisation Disputes](https://www.mullinslawyers.com.au/services/litigation/organisation-disputes/) - At Mullins Lawyers, we provide expert advice to individuals involved in organisational disputes, including partnership, franchise and shareholder disputes.
- [Regulatory Compliance & Investigations](https://www.mullinslawyers.com.au/services/litigation/regulatory-compliance-investigations/) - We assist businesses in navigating complex regulatory frameworks to ensure compliance with industry-specific laws and requirements.
- [General Insurance](https://www.mullinslawyers.com.au/services/litigation/general-insurance/) - Mullins Lawyers provides expert legal services to insurers and self-insured organisations of all sizes, across a wide range of industries.
- [Compulsory Acquisition](https://www.mullinslawyers.com.au/services/litigation/compulsory-acquisition/) - Mullins Lawyers provides expert legal guidance to companies and government authorities undertaking compulsory acquisitions. W
- [Plaintiff Personal Injuries](https://www.mullinslawyers.com.au/services/litigation/plaintiff-personal-injuries/) - Mullins Lawyers is committed to representing individuals who have sustained personal injuries, ensuring they receive the compensation they are entitled to.
- [Litigation](https://www.mullinslawyers.com.au/services/litigation/) - Litigation can be extremely time consuming, emotionally draining and costly. Our ideal situation is to help you avoid litigation entirely.
- [Competition](https://www.mullinslawyers.com.au/services/business/competition/) - Navigating Australia’s complex competition and consumer law landscape requires expert guidance. At Mullins, our team offers comprehensive, practical advice to help businesses comply with regulations and mitigate risks. Our expertise covers a wide range of issues, including cartel conduct, joint ventures, franchising structures, unfair contract terms, consumer rights, market power abuse, and more. We also
- [Employment](https://www.mullinslawyers.com.au/services/business/employment/) - At Mullins, we offer comprehensive advice and representation across all areas of employment law, providing clients with strategic guidance to navigate the complexities of workplace relations legislation.
- [Finance & Capital Raising](https://www.mullinslawyers.com.au/services/business/finance-capital-raising/) - We assist clients in raising capital to support their strategic objectives, whether through debt financing, equity investment, or other funding structures.
- [Franchising](https://www.mullinslawyers.com.au/services/business/franchising/) - At Mullins, we provide expert advice to help you navigate the complex franchising legal framework with confidence.
- [Governance & Risk Management](https://www.mullinslawyers.com.au/services/business/governance-risk-management/) - At Mullins, our team provides strategic, practical legal advice to help businesses develop and refine governance frameworks, strengthen compliance systems, and mitigate regulatory risks.
- [Innovation & Intellectual Property](https://www.mullinslawyers.com.au/services/business/innovation-intellectual-property/) - At Mullins, we help businesses protect, manage, and enforce their intellectual property rights.
- [Health & Safety](https://www.mullinslawyers.com.au/services/business/health-safety/) - At Mullins, we help businesses navigate the complexities of workplace health and safety laws, ensuring compliance with both State and Federal regulations.
- [Industrial Relations](https://www.mullinslawyers.com.au/services/business/industrial-relations/) - Navigating industrial relations requires expert legal guidance to manage workplace disputes, ensure compliance with complex regulations, and maintain productive employer-employee relationships. At Mullins, we provide strategic advice and representation in all aspects of industrial relations law, helping businesses resolve disputes efficiently and minimise workplace disruption. Our team has extensive experience advising on enterprise agreements, award
- [Sports Law & Events](https://www.mullinslawyers.com.au/services/business/sports-law-events/) - At Mullins, we offer expert legal services tailored to the unique demands of the sports and events industry.
- [Liquor & Gaming Transactions](https://www.mullinslawyers.com.au/services/business/liquor-gaming-transactions/) - Mullins is a recognised leader in liquor and gaming licensing law, providing expert legal advice to businesses across Queensland, New South Wales, Victoria, and the Northern Territory.
- [Mergers, Structuring & Trusts](https://www.mullinslawyers.com.au/services/business/mergers-structuring-trusts/) - Our experienced lawyers provide clear, commercially focused advice tailored to each client’s unique circumstances.
- [Asset Restructuring](https://www.mullinslawyers.com.au/services/business/asset-restructuring/) - Mullins has extensive experience advising businesses on asset restructuring to enhance financial stability, streamline operations, and maximise commercial value.
- [Acquisitions & Disposals](https://www.mullinslawyers.com.au/services/business/acquisitions-disposals/) - Our lawyers bring extensive expertise in managing public and private transactions for buyers and sellers across all property sectors.
- [Commercial Advice](https://www.mullinslawyers.com.au/services/business/commercial-advice/) - Navigating the complexities of commercial law requires more than just legal knowledge; it requires a partner who understands your business and offers practical, strategic advice that aligns with your goals.
- [Constitution & Structural Advice](https://www.mullinslawyers.com.au/services/business/constitution-structural-advice/) - Our team provides expert legal advice on drafting, reviewing, and interpreting constitutions to help businesses across a variety of industries establish robust governance frameworks.
- [Workplace Secure](https://www.mullinslawyers.com.au/services/business/workplace-secure/) - Ensure your workplace is fully protected with ongoing employment law advice and support from one of Queensland's leading employment law firms.
- [Legislation & Policy Advice](https://www.mullinslawyers.com.au/services/business/legislation-policy-advice/) - Our team has extensive experience advising businesses, government entities, and industry bodies on legislative requirements, regulatory compliance, and policy development.
- [Licensing & Distribution](https://www.mullinslawyers.com.au/services/business/licensing-distribution/) - A well-structured licensing or distribution agreement is essential to protecting your rights, maximising your commercial opportunities, and ensuring long-term success. At Mullins, we draft and review licence and assignment agreements that safeguard your intellectual property, including confidential information, while supporting your business goals. We work closely with clients to develop agreements that clearly define key
- [Business](https://www.mullinslawyers.com.au/services/business/) - At Mullins, we know your business is dealing with unique pressures. As technology and innovation spark change in every industry; competition, pricing trends and consumer patterns ensure commercial dynamics never stand still.
- [Joint Ventures & Development Agreements](https://www.mullinslawyers.com.au/services/property/joint-ventures-development-agreements/) - At Mullins, we provide comprehensive legal advice on all aspects joint venture arrangements and development agreements, helping investors and developers select the right structure and negotiate terms that align with their strategic objectives.
- [Body Corporate & Community Management](https://www.mullinslawyers.com.au/services/property/body-corporate-community-management/) - The Mullins Property team provides strategic legal advice to property developers, owners, and management teams on all aspects of body corporate and community management law.
- [Land Subdivision](https://www.mullinslawyers.com.au/services/property/land-subdivision/) - Our Property team provides expert legal guidance on land subdivision transactions and developments, ensuring compliance with all regulatory requirements while achieving commercially viable outcomes.
- [Leasing](https://www.mullinslawyers.com.au/services/property/leasing/) - Our experienced leasing team offers expert legal advice tailored to the unique needs and objectives of both landlords and tenants.
- [Planning & Environment](https://www.mullinslawyers.com.au/services/property/planning-environment/) - The Planning and Environment team at Mullins provides comprehensive legal services to clients involved in a wide range of planning and environmental matters. We assist developers, business owners, government entities, and various industry sectors including residential, commercial, and industrial developments, waste and recycling facilities, hotels, schools, retirement and aged care facilities, service stations, shopping centres,
- [Resumptions & Compulsory Acquisition](https://www.mullinslawyers.com.au/services/property/resumptions-compulsory-acquisition/) - Mullins provides specialist legal expertise in the resumption and compulsory acquisition of interests in land, advising both authorities and land owners on all aspects of the acquisition and compensation process.
- [Building & Construction](https://www.mullinslawyers.com.au/services/property/building-construction/) - Mullins provides expert legal advice and support across all aspects of building and construction law.
- [Liquor & Gaming Licensing](https://www.mullinslawyers.com.au/services/property/liquor-gaming-licensing/) - Mullins is a recognised leader in liquor and gaming licensing law, providing expert legal advice and services to clients across Queensland, New South Wales, Victoria, and the Northern Territory. We have extensive experience managing liquor and gaming applications, variations, extensions, and transfers, ensuring clients remain compliant with the ever-evolving regulatory environment. Our team offers invaluable
- [Property](https://www.mullinslawyers.com.au/services/property/) - Property generates risk and reward like few other industries - which is why so many clients rely on Mullins' legal and business advisors for their property transactions.
- [Hotel Management Agreements](https://www.mullinslawyers.com.au/services/property/hotel-management-agreements/) - At Mullins, we specialise in advising on Hotel Management Agreements tailored to the unique needs of hotel owners and operators, as well as brand licensing agreements and franchise agreements.
- [Hotel & Pub Transactions](https://www.mullinslawyers.com.au/services/property/hotel-pub-transactions/) - At Mullins Lawyers, we specialise in guiding clients through the complexities of hotel and pub transactions.
- [Estate Administration](https://www.mullinslawyers.com.au/services/wills-estates/estate-administration/) - At Mullins Lawyers, we provide a comprehensive range of estate administration services, guiding executors and beneficiaries through every stage of the process with professionalism and expertise.
- [Estate Litigation](https://www.mullinslawyers.com.au/services/wills-estates/estate-litigation/) - At Mullins Lawyers, we have extensive experience handling estate litigation matters, including high-profile disputes.
- [Estate Planning](https://www.mullinslawyers.com.au/services/wills-estates/estate-planning/) - We provide comprehensive estate planning services, ensuring that your affairs are structured effectively so your wishes can be carried out with certainty.
- [Guardianship & Administration Matters](https://www.mullinslawyers.com.au/services/wills-estates/guardianship-administration-matters/) - At Mullins Lawyers, we provide expert advice and representation in guardianship and administration matters, ensuring the rights and interests of individuals are protected.
- [Independent Administrator Appointments](https://www.mullinslawyers.com.au/services/wills-estates/independent-administrator-appointments/) - At Mullins Lawyers, we understand that disputes and complexities can arise during the administration of estates or trusts.
- [Wills & Estates](https://www.mullinslawyers.com.au/services/wills-estates/) - Family circumstances, business arrangements, ownership of assets, trusts and personal relationships all must be considered when structuring your estate to ensure your wishes are carried out.
- [Statutory Trustee Matters](https://www.mullinslawyers.com.au/services/wills-estates/statutory-trustee-matters/) - At Mullins Lawyers, we provide expert legal advice and representation in statutory trustee matters, assisting clients in resolving property disputes through court-appointed trusteeship.
- [Conveyancing](https://www.mullinslawyers.com.au/services/conveyancing/) - As part of our commitment to superior client care, we offer conveyancing services to clients and contacts of the firm to ensure you are supported on a personal level by our experts who you work with in your professional life.
- [Property Due Diligence & Searches](https://www.mullinslawyers.com.au/services/conveyancing/property-due-diligence-searches/) - Thorough due diligence is essential to mitigate risks and make informed decisions in any property transaction.
- [Residential Property Sales & Purchases](https://www.mullinslawyers.com.au/services/conveyancing/residential-property-sales-purchases/) - At Mullins, our experienced property lawyers assist individuals, investors and families with all aspects of residential property transactions, offering clear and practical legal guidance every step of the way.
- [Commercial Property Sales & Purchases](https://www.mullinslawyers.com.au/services/conveyancing/commercial-property-sales-purchases/) - At Mullins, our property lawyers provide comprehensive guidance for businesses, investors, superannuation funds, and charitable organisations involved in commercial property sales and purchases.
- [Employer Sponsorship & Skilled Visas](https://www.mullinslawyers.com.au/services/migration/employer-sponsorship-skilled-visas/) - The Mullins Migration team specialises in employer sponsorship and skilled visa solutions, helping businesses secure the talent they need and assisting skilled migrants in finding the right pathway to live and work in Australia.
- [Permanent Residency Renewals & Citizenship](https://www.mullinslawyers.com.au/services/migration/permanent-residency-renewals-citizenship/) - At Mullins, our experienced Migration Lawyers offer tailored advice to guide individuals through the complex legal requirements of permanent residency renewals and citizenship applications.
- [Family Reunion](https://www.mullinslawyers.com.au/services/migration/family-reunion/) - At Mullins, we provide strategic and comprehensive legal guidance to individuals seeking to bring their loved ones to Australia.
- [Study Visas](https://www.mullinslawyers.com.au/services/migration/study-visas/) - If you have been accepted to study full-time at an Australian educational institution, securing the right visa is essential to begin your journey.
- [Visa Appeals](https://www.mullinslawyers.com.au/services/migration/visa-appeals/) - At Mullins, we provide expert legal guidance and representation to help you navigate the complexities of visa appeals and Ministerial Intervention requests.

## Resources

- [Changes to your corporate structure and when to notify the OLGR](https://www.mullinslawyers.com.au/resources/changes-to-your-corporate-structure-and-when-to-notify-the-olgr/) - As featured in the July edition of the QHA Magazine When you purchase or establish a new licensed premises, as part of the relevant applications for liquor and gaming at your premises you are required to disclose to the Office of Liquor and Gaming Regulation (OLGR) sufficient information to allow the Commissioner to be satisfied
- [Proposed amendments to the Tobacco and Other Smoking Products Act](https://www.mullinslawyers.com.au/resources/proposed-amendments-to-the-tobacco-and-other-smoking-products-act/) - As featured in the August edition of the QHA Magazine The Tobacco and Other Smoking Products Amendment Bill 2023 (the Bill) introduces notable changes to the Tobacco and Other Smoking Products Act 1998 (the Act) in the regulation of tobacco and smoking products. The changes are focused primarily to address public health concerns associated with
- [Resolving Damages Claims](https://www.mullinslawyers.com.au/resources/resolving-damages-claims/) - Some of the first few questions employers ask after being served with a damages claim is “What do we do now?“, ”How long will this take?”, and “Do we have to go to Court?“Fortunately, there are many opportunities to resolve a damages claim. informal negotiation A claim might settle as early as a few weeks
- [Social Media - Tips for your Bowls Club's Success](https://www.mullinslawyers.com.au/resources/social-media-tips-for-your-bowls-clubs-success/) - As featured in the July edition of Bowler Magazine In recent times, an ongoing topic in the news revolves around the use of social media in business, which can be both advantageous and detrimental. Many of us have witnessed businesses that maintain excellent social media profiles, not only providing entertainment but also sharing information about
- [Security clauses in building contracts: what the latest Queensland decision means for principals and contractors](https://www.mullinslawyers.com.au/resources/security-clauses-in-building-contracts-what-the-latest-queensland-decision-means-for-principals-and-contractors/) - Rawcorp Pty Ltd v MDP No 15 Pty Ltd [2026] QSC 38 – Wilson J, Supreme Court of Queensland, 19 March 2026Earlier today, the Supreme Court of Queensland dismissed an application by a Contractor seeking to restrain a call on $740,779 in retention monies. The decision turned substantially on the construction of a bespoke security
- [How do judges make the uncertain, certain?](https://www.mullinslawyers.com.au/resources/how-do-judges-make-the-uncertain-certain/) - The assessment of damages (money) for injury can often be more art than science.In a case where a person is earning a certain wage before suffering injury, and is only capable of earning a lesser wage after the injury, economic loss can be a fairly simple calculation. But how might damages for future economic loss
- [Trading outside approved hours – Queensland hotels](https://www.mullinslawyers.com.au/resources/trading-outside-approved-hours-queensland-hotels/) - As featured in the latest edition of the QHA Review Pursuant to the Liquor Act 1992 (Qld), a licensee cannot sell or supply alcohol outside of their approved trading hours, however, this does not mean a licensed premises is not allowed to trade outside of those hours.For example, a licensee does not need approval and
- [An important decision from the Supreme Court of Queensland on remittal under the BIF Act](https://www.mullinslawyers.com.au/resources/an-important-decision-from-the-supreme-court-of-queensland-on-remittal-under-the-bif-act/) - Last week, the Supreme Court handed down its decision in Tomkins Commercial & Industrial Builders Pty Ltd v Starline Interiors Pty Ltd [2026] QSC 21, a significant case for participants in adjudication under the Building Industry Fairness (Security of Payment) Act 2017 (Qld).The key issue was whether the Court can remit an adjudication decision back
- [Understanding your duties to provide full and frank disclosure in Family Law](https://www.mullinslawyers.com.au/resources/understanding-your-duties-to-provide-full-and-frank-disclosure-in-family-law/) - Disclosure Disclosure is an essential step in resolving a party’s financial matters in a family law dispute. Its purpose is to identify the net assets that make up the property pool available for division.We have answered some commonly asked questions that a party may have regarding obligations to disclose and what the implications are if
- [Do I have the evidence?](https://www.mullinslawyers.com.au/resources/do-i-have-the-evidence/) - It can be an emotional and disheartening experience for a party being sued.At Mullins Lawyers we act for insurers and respond to claims by injured people. We investigate these claims and advise our insurer clients on the evidence and the likely result if the matter proceeds to trial.It is important in the investigation process for
- [Mullins Continues to Grow with Key Senior Appointments](https://www.mullinslawyers.com.au/resources/mullins-continues-to-grow-with-key-senior-appointments/) - Mullins Lawyers has strengthened its senior leadership team with the appointment of Yvonne O’Byrne as Partner and the appointment of Are Watne to lead the firm’s Banking & Finance team, reinforcing the firm’s capabilities in Banking & Finance and Corporate law at a time of sustained activity across mid‑market transactions, lending, and regulatory advisory work.The
- [Milano Cortina Olympic Winter Games 2026 Special Edition #1](https://www.mullinslawyers.com.au/resources/milano-cortina-olympic-winter-games-2026-special-edition-1/) - Welcome to the Milano Cortina Olympic Winter Games special edition newsletter, as we take a look at the legal issues arising from the Games. The Games have barely started, but plenty has happened off the snow and ice! Court of Arbitration of Sport sets up office in Milan Since Atlanta in 1996, the Court of
- [Australia's New Merger Control Regime – What Businesses Need to Know](https://www.mullinslawyers.com.au/resources/the-new-merger-control-regime-what-businesses-need-to-know/) - From 1 January 2026, the new mandatory merger control regime came into effect. This means that businesses must notify the Australian Competition and Consumer Commission (ACCC) of certain acquisitions that meet notification thresholds and wait for the ACCC’s approval before completing the transaction. Where the ACCC does not approve the acquisition, businesses must not complete the
- [Mullins Lawyers Promotes Four](https://www.mullinslawyers.com.au/resources/mullins-lawyers-promotes-four/) - Mullins Lawyers has announced the promotion of four outstanding lawyers across its Employment, Migration, Insurance and Wills & Estates practices, including three promotions to Senior Associate and one to Associate.Among those promoted is Sarv Singh, winner of the 2024 Lawyers Weekly 30 Under 30 Award (Migration Law), recognised for her strategic and pragmatic advice to
- [Can You Sue After You Settle?](https://www.mullinslawyers.com.au/resources/can-you-sue-after-you-settle/) - The recent Supreme Court of Queensland decision of Bakhit v Hartley Healy Pty Ltd [2025] QSC 352 acts as a reminder in personal injury law that clauses within settlement deeds are interpreted with precision. In this matter, the Court ruled that a worker’s attempt to pursue common law damages was barred by a settlement deed
- [Liquor Licensing Options for Queensland Community Clubs](https://www.mullinslawyers.com.au/resources/liquor-licensing-options-for-queensland-community-clubs/) - Community clubs play a vital role in sports and socialising in Queensland and the ability to sell liquor can be critical for financial viability and member engagement. Depending on the purpose, size, and goals of your club, there is different licences and permits available and it is important to understand the benefits, restrictions, and limitations
- [Dispute and arbitration clauses in commercial sporting agreements](https://www.mullinslawyers.com.au/resources/dispute-and-arbitration-clauses-in-commercial-sporting-agreements/) - The recent case of Illawarra Basketball Club Pty Ltd v National Basketball League Pty Ltd[1] reiterates the importance in the detail of dispute and arbitration clauses in commercial sporting agreements.Illawarra was a party to a licence agreement providing the terms on which it could field a team in the National Basketball League (NBL). Illawarra’s owner
- [Visas for International Athletes Competing in Australia](https://www.mullinslawyers.com.au/resources/visas-for-international-athletes-competing-in-australia/) - This article was written by Partners, Corina Chen and Juanita MaidenLast month, a Dutch beach volleyballer was denied entry to Australia to compete in the Beach Volleyball World Championships. The athlete was denied a visa on the basis that he had previously been convicted of, and had served prison time, for three counts of child
- [Concussion outside of game time](https://www.mullinslawyers.com.au/resources/concussion-outside-of-game-time/) - The recent well documented concussion of Samoan and Melbourne Storm rugby league player Elia Katoa has highlighted a potential gap in compliance with concussion guidelines.Katoa sustained an initial concussion whilst warming up for Tonga in a Pacific Championship match. He commenced the game, however, after sustaining two further concussions, he came off the field before
- [New Child Safeguarding Law in Queensland](https://www.mullinslawyers.com.au/resources/new-child-safeguarding-law-in-queensland/) - Queensland’s new child safeguarding law [1] commenced from 1 October 2025 and applies to organisations working with children or providing spaces for them including, sporting clubs and associations and sporting or recreational services (such as performing arts programs and swimming schools). Compliance for these types of organisations is required by 1 April 2026.The key components
- [Mullins Lawyers expands construction team with international talent](https://www.mullinslawyers.com.au/resources/mullins-lawyers-expands-construction-team-with-international-talent/) - Mullins Lawyers has expanded its Litigation & Dispute Resolution team, strengthening its construction and major projects capability amid Queensland’s growing infrastructure and development pipeline.The firm has welcomed Alex Nordang as Partner and Nick Thomas as Senior Associate, both joining from CDI Lawyers, a specialist construction firm following years at top tier and international firmsAlex brings
- [Assessing Damages in Personal Injury Claims: Sometimes There Is More Than Meets the Eye](https://www.mullinslawyers.com.au/resources/assessing-damages-in-personal-injury-claims-sometimes-there-is-more-than-meets-the-eye/) - The recent case of Bauer v Clay in the Queensland Supreme Court presents a compelling examination of how Courts assess damages in personal injury claims. The Court’s Decision to award the Plaintiff over $600,000.00 in damages highlights the importance of credible evidence, expert testimony, and a thorough analysis of the Plaintiff’s loss.The case arose from
- [Ongoing Reform in Queensland's Evolving Hospitality Landscape](https://www.mullinslawyers.com.au/resources/ongoing-reform-in-queenslands-evolving-hospitality-landscape/) - As featured in the latest edition of Club Insight Magazine Queensland’s hospitality sector is continuing to evolve, with several recent changes including how regulators are approaching compliance, how government is interacting with the industry, and how regulators are approaching renovations and changes to licensed areas in a bid to modernise regulation, reduce red tape and
- [I run a small business.  I have just received a notice from a government department saying I have to attend an interview to answer questions.  Do I have to do so?](https://www.mullinslawyers.com.au/resources/i-run-a-small-business-i-have-just-received-a-notice-from-a-government-department-saying-i-have-to-attend-an-interview-to-answer-questions-do-i-have-to-do-so/) - Many businesses operate under some sort of oversight from a government regulator, usually through a licensing regime. The relevant legislation will provide for the means by which the government regulator can conduct investigations. An important tool in an investigator’s toolkit is the power to issue a notice requiring a person (a licensee, employee or even
- [Buying Property in a Flood Zone? Here’s What You Need to Know](https://www.mullinslawyers.com.au/resources/buying-property-in-a-flood-zone-heres-what-you-need-to-know/) - With storm season well underway, property purchasers in Queensland should be approaching flood risk with a renewed level of caution. Over the past year, councils and state agencies have updated their flood mapping and modelling. Properties that once appeared safe may now fall within a flood overlay or overland flow path.For anyone buying, developing or
- [Love, Loans, and Legalities: The Hidden Risks of Parental Financial Support](https://www.mullinslawyers.com.au/resources/love-loans-and-legalities-the-hidden-risks-of-parental-financial-support/) - Media reports indicate that a fast-growing financial support system has emerged out of necessity to assist a large portion of property buyers in Australia. Commonly referred to as the Bank of Mum and Dad or BOMAD, this informal institution plays a significant role in helping many Australians enter the property market.Without the BOMAD, many current
- [What are the ‘character requirements’ for Australian visas, and why do they matter?](https://www.mullinslawyers.com.au/resources/what-are-the-character-requirements-for-australian-visas-and-why-do-they-matter/) - Every person applying for an Australian visa must satisfy the ‘character requirements’. These are designed to ensure that anyone entering or remaining in Australia does not pose a risk to the community. While the threshold may sound straightforward, the assessment can be detailed – and even minor issues can complicate an application.The Department considers a
- [Navigating the New Blue Card Framework: A Guide for Junior Bowls Coordinators and Clubs](https://www.mullinslawyers.com.au/resources/navigating-the-new-blue-card-framework-a-guide-for-junior-bowls-coordinators-and-clubs/) - As featured in the latest edition of Bowler Magazine It is vital that bowls clubs offering juniors programs or other children’s facilities are doing so safely and lawfully. From 20 September 2025, Queensland’s blue card system under the Working with Children (Risk Management and Screening) Act 2000 (“the Act“) has updated the definition of Regulated
- [Thomas v State of Queensland: Lessons on Site Inspection Requests](https://www.mullinslawyers.com.au/resources/thomas-v-state-of-queensland-lessons-on-site-inspection-requests/) - The recent Supreme Court of Queensland decision in Thomas v State of Queensland provides valuable insights into the considerations surrounding site inspections in workplace injury claims.Ms. Thomas, a registered nurse, alleged she sustained injuries while adjusting a surgical Mayo stand during her employment at the Royal Brisbane and Women’s Hospital (RBWH). Ms Thomas alleges she
- [The Scope of Duty of Care in Bullying and Harassment Claims](https://www.mullinslawyers.com.au/resources/the-scope-of-duty-of-care-in-bullying-and-harassment-claims/) - Facts The Plaintiff alleges he experienced bullying and harassment in the course of his employment as a police officer which resulted in psychiatric injury.In December 2012, the Plaintiff injured his lower back when arresting a suspect, which led to significant time away from work and surgery. In February 2014, he commenced working with the Professional
- [Changing of the Guard: OLGR modernises its compliance program model](https://www.mullinslawyers.com.au/resources/changing-of-the-guard-olgr-modernises-its-compliance-program-model/) - As featured in the latest edition of Club Insight Magazine For those operating community clubs in Queensland, you may have previously had gripes with the OLGR as to inconsistencies in their compliance practices across regions and in orchestrating compliance inspections during peak trading periods.Never fear, in response to a comprehensive review of its practices, including
- [Un-linking the Dragon: Legal Requirements for Gaming Machine Disposal](https://www.mullinslawyers.com.au/resources/un-linking-the-dragon-legal-requirements-for-gaming-machine-disposal/) - As featured in the latest edition of Bowler Magazine When community clubs in Queensland decide to surrender a gaming machine licence or decrease the number of gaming machines at one of their venues, they may overlook correctly disposing of gaming machines which is tightly regulated under the Gaming Machine Act 1991 (Qld) and Gaming Machine
- [Are there any recent Land Court decisions that are relevant to planners?](https://www.mullinslawyers.com.au/resources/are-there-any-recent-land-court-decisions-that-are-relevant-to-planners/) - As featured in the August edition of Bowler Magazine Add Your Heading Text Here The Land Court’s decision in Philip Usher Constructions Pty Ltd v Cross River Rail Delivery Authority & Anor [2025] QLC 18 confirms a simple but important principle: compensation rights under the Acquisition of Land Act 1967are fixed at the date of
- [Bracing for Impact](https://www.mullinslawyers.com.au/resources/bracing-for-impact/) - The Queensland Commission of Inquiry into alleged misconduct by the Construction, Forestry and Maritime Employees Union (CFMEU) begins today, with observers intrigued at how far its reach will extend.The Inquiry will investigate the CFMEU’s dealings across major infrastructure projects, its financial practices, labour arrangements, and relationships with related parties. With the power to compel production
- [AML/CTF Reform: What you need to know](https://www.mullinslawyers.com.au/resources/aml-ctf-reform-what-you-need-to-know/) - For those in the clubs and pubs space who operate gaming machines/have entitlements to operate gaming machines, which is considered a designated service, you are likely aware of your existing compliance obligations, such as:Enrolling and registering with AUSTRAC;Developing and maintaining an AML/CTF program tailored to the business;Conducting initial and ongoing customer due diligence;Reporting certain transactions
- [Responsible Management of Licensed Venues (RMLV) Refresher](https://www.mullinslawyers.com.au/resources/responsible-management-of-licensed-venues-rmlv-refresher/) - As featured in the latest edition of QHA Review Magazine Pursuant to the Liquor Act 1992 (Qld), it is mandatory for liquor licensees (if individuals), approved managers, and some permit holders to have a current RMLV certificate.This is particularly relevant for commercial hotels, which are run by an individual licensee or have management in place.
- [Sweeping changes to Queensland tobacco laws gives landlords greater powers and responsibilities](https://www.mullinslawyers.com.au/resources/sweeping-changes-to-queensland-tobacco-laws-gives-landlords-greater-powers-and-responsibilities/) - This alert was written by Partner, Fiona Sears, Partner Justin McInally, and Senior Associate, Isaac Day. On 16 September 2025, the Queensland Parliament introduced the Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025 (Bill).The Bill brings in a raft of reforms to the existing tobacco laws in Queensland to
- [Medical Opinions, Material Facts and Limitation Periods](https://www.mullinslawyers.com.au/resources/medical-opinions-material-facts-and-limitation-periods/) - A recent application brought by a worker in the District Court of Queensland in the matter of O’Toole v BlueCare ATF the Uniting Church in Aust. Property Trust (Q) [2025] QDC 93 has failed to extend the limitation period to commence a personal injuries claim.The decision highlights that where a worker has been provided a
- [Face the Facts: What Hospitality Venues Need to Know About Facial Recognition Technology and the Law](https://www.mullinslawyers.com.au/resources/face-the-facts-what-hospitality-venues-need-to-know-about-facial-recognition-technology-and-the-law/) - As featured in the latest edition of Bowler Magazine More frequently, the Office of Liquor and Gaming Regulation (OLGR) is proposing conditions on gaming machine licences requiring the use of Facial Recognition Technology (FRT). The main purpose behind this seems to be to ensure venues are upholding patrons’ self-exclusion orders. But what if you want
- [What are the lawful limits of development conditions?](https://www.mullinslawyers.com.au/resources/what-are-the-lawful-limits-of-development-conditions/) - Development conditions are the mechanism that make a development acceptable in planning terms. They manage impacts, secure infrastructure, and reassure communities. But conditions are not limitless. If they overreach, they risk being struck down on appeal, leaving councils exposed on costs and undermining confidence in the system. The statutory and judicial tests The Planning Act 2016 continues
- [What do planners need to know about the new seller disclosure obligations in the new Property Law Act?](https://www.mullinslawyers.com.au/resources/what-do-planners-need-to-know-about-the-new-seller-disclosure-obligations-in-the-new-property-law-act/) - As of 1 August 2025, sellers in Queensland are now required to disclose the zoning of a property before a contract of sale is signed. Disclosure of contaminated land, tree orders, heritage constraints, flooding and protected plants and animals is also now required. This is part of the new seller disclosure regime under the Property Law
- [What do I need to know about the new Planning Bill?](https://www.mullinslawyers.com.au/resources/what-do-i-need-to-know-about-the-new-planning-bill/) - The Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025 passed Queensland Parliament on 25 June 2025, introducing changes to Queensland’s planning framework. It introduces a new “community benefit system” designed to frontload social impact considerations, particularly for projects likely to generate cumulative or indirect impacts, such as renewable energy and resource developments.At the
- [What guidance does the recent decision of OPD Developers Pty Ltd v Logan City Council [2025] QPEC 8 provide regarding a local government's ability to impose infrastructure charges?](https://www.mullinslawyers.com.au/resources/what-guidance-does-the-recent-decision-of-opd-developers-pty-ltd-v-logan-city-council-2025-qpec-8-provide-regarding-a-local-governments-ability-to-impose-infrastructure-charges/) - The Planning and Environment Court of Queensland, on 30 April 2025, delivered the decision of OPD Developers Pty Ltd v Logan City Council [2025] QPEC 8, which reinforced the statutory limits on local government powers to issue infrastructure charges notices (ICNs). The case turned on whether a council can impose infrastructure charges when the development is made “accepted”
- [High Court Ruling Clarifies Redundancy Obligations – The Importance of Considering Redeployment Opportunities](https://www.mullinslawyers.com.au/resources/high-court-ruling-clarifies-redundancy-obligations-the-importance-of-considering-redeployment-opportunities/) - In a landmark decision, the High Court of Australia has clarified the relevant considerations employers must consider when determining the reasonableness of redeployment, which have significant implications for employers in respect to redundancy obligations. Case Background The case involved 22 workers who were dismissed during the COVID-19 pandemic from the Metropolitan Coal Mine which was
- [The Law, Neatly Packaged – Requirements for Detached Bottle Shops](https://www.mullinslawyers.com.au/resources/the-law-neatly-packaged-requirements-for-detached-bottle-shops/) - As featured in the latest edition of QHA Review Magazine For many Queensland hotels, a detached bottle shop is an important part of their business model, providing an additional revenue stream. However, getting approval for and operating a detached bottle shop comes with strict requirements. What is a detached bottle shop? A detached bottle shop
- [Family Wealth Without Family Drama](https://www.mullinslawyers.com.au/resources/family-wealth-without-family-drama/) - This article was originally part of a publication by MGI, to which Mullins Partner Michael Klatt contributed: Family Wealth Without Family Drama: Navigating Intergenerational Wealth Transfer and Estate Planning. Approximately 50% of the Australian population does not have a valid Will. This seems to be a result of complacency, largely, but also, in some circumstances,
- [How Far Does a Duty of Care Extend? Secondary Victims & Psychiatric Injuries](https://www.mullinslawyers.com.au/resources/how-far-does-a-duty-of-care-extend-secondary-victims-psychiatric-injuries/) - Facts The Plaintiff claimed damages against the First Defendant as the driver and the Second Defendant, being his CTP Insurer (“the Defendants“) after she allegedly suffered psychiatric injury after learning her partner and three young children were involved in a minor motor vehicle accident.On 2 August 2016, the Plaintiff’s partner and three of her children
- [High Court Rules on Solicitors’ Common Fund Orders](https://www.mullinslawyers.com.au/resources/high-court-rules-on-solicitors-common-fund-orders/) - In a significant ruling for class action practice in Australia, the High Court has unanimously held that the Federal Court cannot approve Solicitors’ Common Fund Orders (Solicitors’ CFOs) at the time of settlement or judgment where doing so would breach State laws prohibiting contingency fees.This overturns the Full Federal Court’s earlier decision, which had found
- [Feeding Australia’s Workforce: Strategic Migration Solutions for the Food and Produce Industry](https://www.mullinslawyers.com.au/resources/feeding-australias-workforce-strategic-migration-solutions-for-the-food-and-produce-industry/) - Australia’s food supply chain – from meat packing and food handling to wholesale warehouses and fresh produce markets – plays a critical role in feeding the nation. Yet, labour shortages across this sector have made it increasingly difficult for businesses to maintain production levels, meet delivery schedules, and stay competitive. The Australian Food & Grocery Council
- [The Role of the Community Impact Statement in Queensland Licensing](https://www.mullinslawyers.com.au/resources/the-role-of-the-community-impact-statement-in-queensland-licensing/) - Some publicans and hoteliers may not be aware that a Community Impact Statement (CIS) is often required for certain liquor and gaming applications in Queensland. This requirement isn’t universal, but where it is required, it plays a critical role in determining whether a licence or approval is granted by the Office of Liquor and Gaming
- [Mullins Expands Partner Ranks with International Litigation and Arbitration Specialist](https://www.mullinslawyers.com.au/resources/mullins-expands-partner-ranks-with-international-litigation-and-arbitration-specialist/) - Mullins is pleased to announce the appointment of commercial litigation and arbitration specialist Ashley Hill as a Partner in its Commercial Litigation team.Ashley brings more than 25 years’ experience acting in complex disputes both in Australia and internationally. His appointment marks another significant milestone in Mullins’ ongoing growth strategy, following the firm’s recent expansion into
- [Is my NDA on a collision course with AI? Why your existing non-disclosure agreements are probably no longer effective](https://www.mullinslawyers.com.au/resources/is-my-nda-on-a-collision-course-with-ai-why-your-existing-non-disclosure-agreements-are-probably-no-longer-effective/) - Most businesses will have a standard form of Non-Disclosure Agreement (NDA) which they have used for many years. Those agreements are designed to play a crucial role in allowing sensitive data to be provided to another party, while safeguarding it from disclosure to the world at large.However, many traditional forms of NDA are likely to
- [When can a limitation period be extended?](https://www.mullinslawyers.com.au/resources/when-can-a-limitation-period-be-extended/) - A recent application brought by a worker in the Supreme Court of Queensland in the matter of AZX v The Roman Catholic Trust Corporation for the Diocese of Townsville [2025] QSC 59 has failed to extend the limitation period for commencing a personal injuries claim.The decision highlights the test of whether a person knew or
- [Sound Advice for Hoteliers](https://www.mullinslawyers.com.au/resources/sound-advice-for-hoteliers/) - As featured in the latest edition of QHA Review Magazine When obtaining or varying (such as in the case of a renovation, refurbishment or expansion) a liquor licence in Queensland, the Office of Liquor and Gaming Regulation (OLGR) places a strong emphasis on potential impacts to the surrounding community (including things like harm minimisation, traffic,
- [Employment law changes from 1 July 2025](https://www.mullinslawyers.com.au/resources/employment-law-changes-from-1-july-2025/) - On 1 July 2025, a number of important changes impacting the employment law landscape came into effect. Bronte Jackson, Associate and Ariane Hogno, Graduate set out some of the key changes below. National Minimum Wage On and from 1 July 2025, the National Minimum Wage and the national minimum award wages will be increased by
- [Mullins launches Family Law Practice](https://www.mullinslawyers.com.au/resources/mullins-launches-family-law-practice/) - Queensland law firm Mullins Lawyers is proud to announce the launch of its Family Law practice, marked by the strategic appointment of highly respected family law Partner, Pierce Carstensen.Pierce joins Mullins from McInnes Wilson Lawyers, where he spent more than a decade successfully leading the firm’s Family Law team.With a reputation for delivering tailored, client-focused
- [Mullins strengthens team to support Queensland’s growth](https://www.mullinslawyers.com.au/resources/mullins-strengthens-team-to-support-queenslands-growth/) - Brisbane-based law firm, Mullins Lawyers, is proud to announce the appointment of Justin McInally as a Partner in its growing Property team.With more than 20 years of experience in property law, Justin joins from HopgoodGanim, bringing with him deep industry knowledge and a proven track record across complex property transactions. His appointment significantly enhances Mullins’
- [Annual Indexation of the Skilled Visa Income Thresholds Effective From 1 July 2025](https://www.mullinslawyers.com.au/resources/annual-indexation-of-the-skilled-visa-income-thresholds-effective-from-1-july-2025/) - From 1 July 2025, the skilled visa income thresholds will increase by 4.6% to align with the changes to the annual Average Weekly Ordinary Time Earnings.The indexation changes will apply to the following applications: The Core Skills Income Threshold (CSIT) This will increase from $73,150 to $76,515.The CSIT impacts nomination applications in the Core Skills
- [Super nuanced – how does your super nomination work and what happens if there's a dispute?](https://www.mullinslawyers.com.au/resources/super-nuanced-how-does-your-super-nomination-work-and-what-happens-if-theres-a-dispute/) - In this article we discuss the decision in Lynn v Australian Financial Complaints Authority [2025] FCA 175 (Lynn) in which an appeal against a determination by AFCA[1] in relation to the payment of a superannuation death benefit was dismissed.This is a useful case as it sets out the procedural steps and factors to be considered
- [What are the top three things you would recommend to a personal injury client? Part two.](https://www.mullinslawyers.com.au/resources/what-are-the-top-three-things-youd-recommend-to-a-personal-injury-client-part-two/) - speak with an experienced personal injuries solicitor When your future financial security is on the line, it’s worthwhile seeking advice from an expert personal injury solicitor – and experience counts. The various Queensland personal injury compensation schemes provide a mechanism through which individuals who have suffered injuries through no fault of their own can recover
- [How to Use an Option Agreement to Buy Gaming Entitlements](https://www.mullinslawyers.com.au/resources/how-to-use-an-option-agreement-to-buy-gaming-entitlements/) - As featured in the latest edition of Club Insight Magazine We have seen a significant increase in the number of Clubs acquiring additional sites in the last six to 12 months. While some Clubs are struggling, many are thriving and confident in their ability to take on extra sites. Others may even have plans to
- [The Sins of a Solicitor Will Not Always Punish the Client](https://www.mullinslawyers.com.au/resources/the-sins-of-a-solicitor-will-not-always-punish-the-client/) - Facts The Applicant in this matter alleged she slipped and fell, injuring her right knee, when walking through a shopping centre on 14 October 2019.Whilst self-represented in September 2021, the Applicant served a Notice of Claim under the Personal Injuries and Proceedings Act 2002 (Qld) (PIPA) on the owner of the centre, QIC Active Retail
- [Serious Invasions of Privacy](https://www.mullinslawyers.com.au/resources/serious-invasions-of-privacy/) - Organisations should be reviewing their privacy policy and practices to ensure they have addressed the new statutory tort for serious invasion of privacy which came into effect on 10 June 2025. The tort allows individuals (including children) to seek legal remedies for either of the following types of conduct:an intrusion on their seclusion; ormisuse of
- [My kid’s childcare is frequently short of staff, and I know the centre is actively looking for educators. Is there anything they can do to find/retain more skilled educators?](https://www.mullinslawyers.com.au/resources/my-kids-childcare-is-frequently-short-of-staff-and-i-know-the-centre-is-actively-looking-for-educators-is-there-anything-they-can-do-to-find-retain-more-skilled-educators/) - It’s no secret that Australia’s childcare sector is suffering critical skills & workforce shortages, with childcare enrolment rates increasing by 12% over the past five years and noting there’s also a growing demand for specialised educators. Tapping into Australia’s migration programme presents a vital, underutilised solution to access skilled workers. When communicating with your childcare
- [Queensland Retirement Villages Now Permanently Exempt from Residential Services Legislation](https://www.mullinslawyers.com.au/resources/queensland-retirement-villages-now-permanently-exempt-from-residential-services-legislation/) - On 13 June 2025, the Residential Services (Accreditation) Regulation 2018 (Q) (RSA Regulation) was amended to permanently exempt registered retirement villages from potential additional regulation under the Residential Services (Accreditation) Act 2002 (Q) (RSA Act). The previous temporary exemption had been due to expire on 30 June 2025. What is the RSA Act? The RSA
- [Updating the Rules in the Clubhouse: Is Your Club Due for a Constitution Review?](https://www.mullinslawyers.com.au/resources/updating-the-rules-in-the-clubhouse-is-your-club-due-for-a-constitution-review/) - As featured in the latest edition of Bowler Magazine Behind every well-run club is a strong constitution that is clear, current and compliant. If you can’t remember the last time your club updated its constitution, you may want to ask yourself:What aspects need updating or revision?How have our practices evolved over time?What changes do we
- [Is Your School Ready for the New Privacy Laws?](https://www.mullinslawyers.com.au/resources/is-your-school-ready-for-the-new-privacy-laws/) - Recent amendments to the Privacy Act introduce changes that require schools to consider their privacy practices, including in relation to the collection, retention and use of personal information and data. It is necessary to act now to ensure present compliance and with a view to preparing for changes that are to be introduced in 2026.
- [Existing Use Rights in Queensland: What Hotel operators need to keep in mind](https://www.mullinslawyers.com.au/resources/existing-use-rights-in-queensland-what-hotel-operators-need-to-keep-in-mind/) - As featured in the latest edition of the QHA Update This article was written by Partners, Anthony O’Dwyer and Mitchell Osborne and Associate, Gus Haseler The Queensland hospitality industry continues to face increased scrutiny from local governments, particularly around compliance with planning laws. In a tightening regulatory environment, many hotel and pub operators are relying
- [Need Hospitality Staff? Here Are five Migration Strategies That Can Help](https://www.mullinslawyers.com.au/resources/need-hospitality-staff-here-are-five-migration-strategies-that-can-help/) - As of early 2025, Australia’s hospitality industry employs approximately 1.14 million people. Within this sector, cafés, restaurants, and takeaway food services employs a significant 900,000 workers – making it one of the largest employment contributors in the Australian economy.However, the hospitality industry faces a high job turnover rate of 15.7%, the highest among all sectors,
- [Healing the Shortage: Migration Solutions for Australia’s Healthcare Workforce Crisis](https://www.mullinslawyers.com.au/resources/healing-the-shortage-migration-solutions-for-australias-healthcare-workforce-crisis/) - It’s often said that health is the foundation of all else. In the case of Australia’s healthcare system, that foundation depends on a skilled, supported workforce – and right now, it’s under pressure.At the heart of healthcare is the human need to be cared for, and caring for others starts with having enough carers to
- [Failure to disclose pre-existing injuries or medical conditions by prospective workers](https://www.mullinslawyers.com.au/resources/failure-to-disclose-pre-existing-injuries-or-medical-conditions-by-prospective-workers/) - This article was written by Insurance Partner, Cameron Seymour and Associate, James Tregenza in collaboration with Employment Partner, Sam McIvor It is a common lament by employers facing a damages claim by a worker who has aggravated a pre-existing injury: “If I knew about their injury when they applied for the job I never would
- [Employer’s Duty to Protect: A Case of Psychological Injury in Disability Care](https://www.mullinslawyers.com.au/resources/employers-duty-to-protect-a-case-of-psychological-injury-in-disability-care/) - On 13 June 2021, the Plaintiff, a 33 year old disability support worker, was performing her employment duties providing care to an intellectually disabled client (who we will refer to as “C”) who was violent and abusive to the Plaintiff over a period of hours.The Plaintiff had been providing care to C for some months,
- [It's 10pm Somewhere: Navigating Safe Night Precincts](https://www.mullinslawyers.com.au/resources/its-10pm-somewhere-navigating-safe-night-precincts/) - As featured in the latest edition of QHA Review Magazine Late nights in Queensland hotels can be great for business, but they can come with a legal twist. If your hotel is located within a Safe Night Precinct (SNP), you are subject to a unique regulatory framework designed to:minimise harm, and the potential for harm,
- [Building Australia: Addressing Skills Shortages in the Construction Industry Through Migration](https://www.mullinslawyers.com.au/resources/building-australia-addressing-skills-shortages-in-the-construction-industry-through-migration/) - Australia’s construction industry is under increasing pressure to meet demand across housing, infrastructure, and commercial development – yet the labour shortages persist. With rising project costs and ongoing delays due to workforce constraints, skilled migration is playing a critical role in helping construction businesses move forward.At Mullins Migration, we have extensive experience in supporting the
- [Strategic Migration Solutions to Address Skills Shortages in Australia’s Childcare Sector](https://www.mullinslawyers.com.au/resources/strategic-migration-solutions-to-address-skills-shortages-in-australias-childcare-sector/) - Australia’s childcare sector is grappling with a growing workforce crisis.According to the Australian Bureau of Statistics, childcare enrolment rates have increased by 12% over the past 5 years. There’s also a growing demand for specialised educators, a shift towards sustainability practices, and a continued emphasis on mental health and wellbeing for both children and staff.Whilst
- [Mullins Lawyers Welcomes New Partner](https://www.mullinslawyers.com.au/resources/mullins-lawyers-welcomes-new-partner/) - Queensland-based firm, Mullins Lawyers (Mullins) welcomes new Planning and Environment Partner, Mitchell Osborne.Mullins has today announced the appointment of Mitchell Osborne as a Partner in its Property team, reinforcing the firm’s strategic growth in Planning and Environment and Construction ahead of Queensland’s infrastructure and property surge in the lead-up to the 2032 Brisbane Olympics.Mitchell brings
- [New Lease, New Era: Mullins Lawyers Backs Brisbane’s CBD Future](https://www.mullinslawyers.com.au/resources/new-lease-new-era-mullins-lawyers-backs-brisbanes-cbd-future/) - In a show of confidence in Brisbane’s premium office market, prominent Queensland commercial law firm Mullins Lawyers (Mullins) has signed a new 10-year lease at the iconic Riverside Centre, reinforcing its long-standing presence in Brisbane and commitment to its future in Queensland.Mullins has called Riverside Centre home since 2009, and this latest renewal marks a
- [Mullins Lawyers promotes two to Partner](https://www.mullinslawyers.com.au/resources/mullins-lawyers-promotes-two-to-partner/) - Brisbane-based firm recognises leading lawyers in Sports Law and Estate Litigation.Mullins Lawyers has today announced the promotion of two senior lawyers, Juanita Maiden and Rachel Lusis, to Partner – recognising their exceptional contributions to their clients and the firm.Juanita Maiden, a senior commercial lawyer with a distinguished career in sports law, and Rachel Lusis, a
- [Know Your Numbers: Operating Bingo in a Licensed Club](https://www.mullinslawyers.com.au/resources/know-your-numbers-operating-bingo-in-a-licensed-club/) - As featured in the latest edition of Bowler Magazine Bingo remains a popular and engaging activity in licensed clubs across Queensland, offering not only entertainment and social benefits but also a valuable means of fundraising. However, operating a bingo game is subject to strict legal obligations under the Charitable and Non-Profit Gaming Act 1999 (the
- [High Court Ruling Expands Employer Liability – Damages for Psychiatric Injuries and Breach of Contract](https://www.mullinslawyers.com.au/resources/high-court-ruling-expands-employer-liability-damages-for-psychiatric-injuries-and-breach-of-contract/) - This article was written by Managing Partner, Sam McIvor, and Associate, Bronte Jackson In a landmark decision, the High Court of Australia confirmed psychiatric injuries can lead to damages for employees in cases of breach of contract, overturning the previous position that such injuries were not compensable. Case background The case involved a former employee
- [Combustible Cladding Checklist (Part 2) deadline extended](https://www.mullinslawyers.com.au/resources/combustible-cladding-checklist-part-2-deadline-extended/) - As highlighted in our previous cladding update titled New Queensland law requires all building owners to check their properties, owners of relevant buildings were required to have registered and begun a three stage process to ensure their buildings’ safety via the Queensland Governments Safer Buildings website by the end of March.Those of you with buildings
- [Mercury rising - new energy obligations for sellers and landlords](https://www.mullinslawyers.com.au/resources/mercury-rising-new-energy-obligations-for-sellers-and-landlords/) - On and from 1 July 2017, the Commercial Building Disclosure (CBD) Program and Building Energy Efficiency Disclosure Act 2010 (Cth) (the Act) will now apply to commercial office buildings with a net lettable area of 1,000m2.The ProgramAs part of Australia’s National Strategy on Energy Efficiency, the CBD Program aims to help mitigate climate change by
- [Land Tax Relief for Landlords – COVID-19](https://www.mullinslawyers.com.au/resources/land-tax-relief-for-landlords-covid-19/) - Along with the proposed legislation to implement the National Code of Conduct (Leasing – COVID‑19) (the Code), the Queensland Government is introducing legislation to implement Land Tax relief, to the tune of more than $400 million, to landlords whose rent receipts are being affected by the COVID-19 pandemic.Eligible landlords can apply for up to three
- [New Travel Arrangements From 15 December 2021](https://www.mullinslawyers.com.au/resources/new-travel-arrangements-from-15-december-2021/) - With travel bubbles in place for New Zealand and Singapore, the Australian Government has recently announced travel bubbles with Japan and South Korea, as well as new travel arrangements for eligible visa holders
- [The Reno’s Great, But Who Approved It? - Compliance for Hotels](https://www.mullinslawyers.com.au/resources/the-renos-great-but-who-approved-it-compliance-for-hotels/) - As featured in the latest edition of QHA Review Magazine In the hospitality industry, it is critical to stay ahead of the curve for commercial success. One way of achieving this is expanding or renovating your hotel to update and adapt gaming rooms and other facilities to meet patron expectations and set the standard for
- [Renovating and Expanding Your Licensed Premises](https://www.mullinslawyers.com.au/resources/renovating-and-expanding-your-licensed-premises/) - In the last year, we have seen a noticeable increase in trade amongst pubs and clubs.
- [Worker's Injury Claim Dismissed for Lack of Evidence](https://www.mullinslawyers.com.au/resources/workers-injury-claim-dismissed-for-lack-of-evidence/) - A Queensland worker’s claim for damages arising out of a workplace injury was dismissed after the court found no breach of duty by her employer. The finding in Nemet v Hally Labels Pty Ltd [2025] QDC is a cautionary tale about the risks of going it alone in court. Facts The plaintiff, Ms Nemet, was
- [Competent Motions](https://www.mullinslawyers.com.au/resources/competent-motions/) - Depending on whether you are an incorporated association or a company limited by guarantee (Organisation), the annual general meeting (AGM) should be held at a time in accordance with the constitution.However, the Associations Incorporation Act provides for six months, and the Corporations Act provides for five months after the end of the financial year. Often,
- [Gender Equity in Sports Governance](https://www.mullinslawyers.com.au/resources/gender-equity-in-sports-governance/) - The National Gender Equity in Sports Governance Policy (Policy) is a collaboration between the Australian Sports Commission (ASC) and the state and territory agencies for sport and recreation (STASR) and seeks to address gender equity in non-executive governance and leadership positions within Australian Sport.Unless otherwise exempted by the ASC or relevant STASR, the Policy applies
- [When Is a Nominations Committee Not a Nominations Committee](https://www.mullinslawyers.com.au/resources/when-is-a-nominations-committee-not-a-nominations-committee/) - This article was written by Partner, John Mullins and Special Counsel, Juanita Maiden Many organisations have in place Nominations Committees convened to assist in the election/appointment of directors and to provide guidance to members in voting for elected directors.Having a Nominations Committee is one of the recommendations of the Australian Sports Commission Sports Governance Standards.
- [Terminating Membership of Badly Behaving Members](https://www.mullinslawyers.com.au/resources/terminating-membership-of-badly-behaving-members/) - We have recently advised a number of clubs regarding instances of members behaving badly, clubs instigating a process leading to termination of membership and the member challenging that termination. Such a matter found its way this month to the Supreme Court of Queensland¹, where the member successfully challenged the termination of her membership. The decision
- [In Conversation: Legal Perspectives on the Changing Club Landscape](https://www.mullinslawyers.com.au/resources/in-conversation-legal-perspectives-on-the-changing-club-landscape/) - As cClubs continue to grow and evolve, so do the legal and regulatory challenges they face. In our latest Clubs Insight feature, Mullins’ Partner, Annabelle Efstathis, and Special Counsel, Juanita Maiden, share their insights on governance, mergers, liquor and gaming reform and how Clubs can stay compliant and connected with their communities.
- [ASIC pursues BMW Finance for irresponsible lending](https://www.mullinslawyers.com.au/resources/asic-pursues-bmw-finance-for-irresponsible-lending/) - 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 at
- [Contract review for clients purchasing property saves them on non-compliance remedies](https://www.mullinslawyers.com.au/resources/contract-review-for-clients-purchasing-property-saves-them-on-non-compliance-remedies/) - My clients were buying a particularly expensive property. I always ask clients to send me their contract for review before signing, and in this case when I reviewed the documentation, I recommended several amendments to the standard Real Estate Institute Queensland contract to better protect their interests.One condition required the seller to warrant that it
- [Buying off the plan? Beware of sunset clauses](https://www.mullinslawyers.com.au/resources/buying-off-the-plan-beware-of-sunset-clauses/) - With the steep increase in population growth and housing demand that we have seen in recent years, the volume of "off the plan" property transactions is unlikely to decrease any time soon.
- [Mullins Lawyers Recognised by Best Lawyers™](https://www.mullinslawyers.com.au/resources/mullins-lawyers-recognised-by-best-lawyers/) - We are proud to share that eleven of our lawyers have been recognised in the 2026 edition of Best Lawyers™, highlighting the strength and depth of talent across our firm. Special congratulations to Louise Wallace and Pat Mullins, who have been named Best Lawyers™ “Lawyer of the Year” in their respective fields: Louise Wallace – Hospitality and Tourism
- [The Maze of Pub Renovations – Part II](https://www.mullinslawyers.com.au/resources/the-maze-of-pub-renovations-part-ii/) - As featured in the latest edition of the QHA Update We have previously touched on some of the matters to consider pre-contract when looking to undertake a build or renovations of a venue. Moving forward, we highlight some of the key provisions of the construction contract which should be explored. No contract is perfect in
- [Last Call: Is Your Venue Equipped to Safely Refuse Service to Intoxicated Guests?](https://www.mullinslawyers.com.au/resources/last-call-is-your-venue-equipped-to-safely-refuse-service-to-intoxicated-guests/) - As a licensee, it’s essential to know when to step in and refuse service to unduly intoxicated guests. Irresponsible service of liquor can lead to a range of risks, including accidents, disruptive behaviour, and potential legal consequences. In our latest article, Partner, Matthew Bradford discusses the risks of over-serving your patrons and ways your club can safely navigate refusal of service.
- [Raising the Bar: Liquor Accords and Shaping Safer, Smarter Venues](https://www.mullinslawyers.com.au/resources/raising-the-bar-liquor-accords-and-shaping-safer-smarter-venues/) - As featured in the latest edition of QHA Review Magazine All licensed venues in Queensland have a duty to minimise harm (and the potential for harm) from alcohol abuse, misuse and violence. One way that licensees can demonstrate their commitment to this is through joining or creating a liquor accord. A liquor accord will assist
- [Worker loses trip and fall case](https://www.mullinslawyers.com.au/resources/worker-loses-trip-and-fall-case/) - If a worker fails to watch their step on a worksite, an employer or principal contractor might not be liable for the worker’s injuries.The recent case of Morris v Evolution Traffic Control Pty Ltd & Anor [2023] QDC 195 demonstrates the importance of having an adequate system of work to eliminate or minimise risks and
- [Pub Transactions Part I](https://www.mullinslawyers.com.au/resources/pub-transactions-part-i/) - As featured in the latest edition of Bowler Magazine We continue to see high interest in pubs in Queensland, particularly from southern buyers who look to Queensland as an opportunity to grow pub businesses. This is notwithstanding the fact that the Queensland pub industry is very sophisticated.Many clients ask me how they can progress a
- [Pub Transactions Part II](https://www.mullinslawyers.com.au/resources/pub-transactions-part-ii/) - As featured in the latest edition of Bowler Magazine I mentioned in my previous article that many clients ask me how they can progress a pub transaction with convenience and ease. Once the parties have entered into a short form heads of agreement which outlines the fundamental commercial terms of the deal, the next step
- [Material Fact or Critical Mass?](https://www.mullinslawyers.com.au/resources/material-fact-or-critical-mass/) - A recent decision by the Queensland Court of Appeal in Star Aged Living Limited v Lee [2024] QCA 1 shows the approach taken by the Courts when considering material facts and prejudice in an Application to extend the limitation period under Section 31(2) of the Limitation of Actions Act 1974 (Qld) (LAA). Background Ms Lee
- [Managing AI Risks: Key Business Considerations](https://www.mullinslawyers.com.au/resources/managing-ai-risks-key-business-considerations/) - Generative AI tools such as Chat GPT are already widely implemented throughout most organisations. However, the majority of businesses have not properly considered the risks involved or implemented any protocols regarding the use of AI. A recent Deloitte survey found: Most respondents are now frequent users of AI programmes in the workplace, with many stating
- [Employer's gender pay equity reporting obligations – results published](https://www.mullinslawyers.com.au/resources/employers-gender-pay-equity-reporting-obligations-results-published/) - This morning the Workplace Gender Equality Agency (WGEA) published private sector employer gender pay gaps in accordance with recent legislative reforms.Australian private sector employers with 100 or more employees must report to the Workplace Gender Equality Agency (WGEA) on six Gender Equality Indicators each year by law. The gender equality indicators are:gender composition of the workforcegender
- [Factors to consider when a business carries out redundancies](https://www.mullinslawyers.com.au/resources/factors-to-consider-when-a-business-carries-out-redundancies/) - Redundancy – an unfortunate yet (sometimes) necessary action. Simply put, redundancy is when a business no longer needs an employee’s role to be done by anyone.Despite how common the process is, businesses aren’t always aware of their obligations under the Fair Work Act 2009 (Cth) (FW Act). Failure to comply gives rise to significant legal
- [Pub Transactions Part III - Capital Gains Tax](https://www.mullinslawyers.com.au/resources/pub-transactions-part-iii-capital-gains-tax/) - As featured in the latest edition of the QHA Magazine More recently in my articles, and also at the recent QHA Symposium, I have been looking at some of the important aspects to be considered when being involved in a pub transaction.On the 20th September 1985, the Federal Government bought in the wonderful capital gains
- [Budget Implications for Lenders - Foreign buyers](https://www.mullinslawyers.com.au/resources/budget-implications-for-lenders-foreign-buyers/) - Yesterday’s Federal Election Budget announced, among other things, a ban on foreign persons buying established dwellings effective for two years from 1 April 2025 . This means that lenders should immediately assess the level of due diligence undertaken when making a loan and identify instances where it will be illegal for the Borrower to use
- [Promoting Responsibly: A Guide to Legal Advertising for Licensed Venues](https://www.mullinslawyers.com.au/resources/promoting-responsibly-a-guide-to-legal-advertising-for-licensed-venues/) - Operating a licensed venue in Queensland comes with significant legal responsibilities under the Liquor Act 1992 and the Gaming Machine Act 1991, particularly around advertising liquor and gaming services. In our latest article, Partner Matthew Bradford highlights the key requirements to help ensure your venue’s promotional activities comply with the law and avoid potential penalties. From responsible liquor advertising to regulations on gaming promotions, we provide the insights you need to protect your business and operate responsibly.
- [The Minor Details: How Your Bowls Club Can Stay Compliant and Welcoming to People of All Ages](https://www.mullinslawyers.com.au/resources/the-minor-details-how-your-bowls-club-can-stay-compliant-and-welcoming-to-people-of-all-ages/) - Hosting events like birthday parties and youth tournaments is a great way to strengthen community ties and inspire future bowlers. By understanding the rules and exemptions for minors on licensed premises, your bowls club can stay compliant while providing a fun, safe, and inclusive environment for all ages. In our latest article, Partner Matthew Bradford explains the rules, exemptions, and compliance requirements for minors at licensed venues, helping you ensure your events are successful and compliant with Queensland laws.
- [Was employer liable for gossip causing psychological injury?](https://www.mullinslawyers.com.au/resources/was-employer-liable-for-gossip-causing-psychological-injury/) - Can an employer be liable for workplace gossip? In Kemp v Gold Coast Hospital and Health Service, the Queensland Supreme Court dismissed a claim for psychiatric injury, finding the employer had not breached its duty of care and was not obliged to quell workplace rumours. In this article, Senior Associate, Shane Lawlor explores the Court’s decision and what it reveals about the limits of an employer’s duty of care.
- [Mullins Lawyers Advises Stacked Farm on Landmark Vertical Farming Project at Melbourne Airport](https://www.mullinslawyers.com.au/resources/mullins-lawyers-advises-stacked-farm-on-landmark-vertical-farming-project-at-melbourne-airport/) - Mullins Lawyers has confirmed its role in assisting Stacked Farm with the development of a groundbreaking $150 million green energy-powered indoor vertical farming facility at Melbourne Airport.This state-of-the-art project is poised to become the southern hemisphere’s largest facility of its kind, setting a new benchmark for sustainable agriculture and food production in Australia.As Australia’s first
- [Immigration Law Considerations for Hospitality Transactions](https://www.mullinslawyers.com.au/resources/immigration-law-considerations-for-hospitality-transactions/) - As featured in the latest edition of QHA Update This article is written by Migration Partner, Corina Chen and Hospitality Partner, Curt Schatz. When it comes to buying or selling an establishment in the hospitality industry, publicans and hoteliers must navigate a web of legal and regulatory requirements. One critical area often overlooked is immigration law.
- [Safe systems of repetitive work: rotate and rest. Win or lose?](https://www.mullinslawyers.com.au/resources/safe-systems-of-repetitive-work-rotate-and-rest-win-or-lose/) - Two Queensland District Court decisions handed down in late February 2024 provide an opportunity to review the Court’s approach to considering liability in claims involving repetitive strain injuries.The judgment in Hunt v ALDI Foods Pty Limited trading as ALDI [2024] QDC 15 was delivered by Sheridan DCJ in the District Court of Brisbane on 20
- [Major Aged Care case alert – Pay rises of up to 28.5% for direct care employees](https://www.mullinslawyers.com.au/resources/major-aged-care-case-alert/) - On 15 March 2024, the Fair Work Commission (Commission) handed down its decision in the ‘work value case’ (Decision), which resulted in a significant uplift in pay for award covered direct care employees. The Decision concerned three applications to vary modern awards to increase the minimum wages of aged care sector staff covered by the:Aged
- [On-charging costs of reselling retirement village units – doubts over latest Regulatory Guideline](https://www.mullinslawyers.com.au/resources/on-charging-costs-of-reselling-retirement-village-units-doubts-over-latest-regulatory-guideline-2/) - The Queensland Department of Housing recently released its latest Regulatory Guideline (Guideline), dealing with the costs retirement village operators may charge former residents when reselling their units. While the Guideline provides useful clarification, one statement should be treated with caution, as it does not appear to be supported by its parent legislation.
- [Pub Transactions Part IV – Transfer of Liquor Licence and New Gaming Machine Licence](https://www.mullinslawyers.com.au/resources/pub-transactions-part-iv-transfer-of-liquor-licence-and-new-gaming-machine-licence/) - An important step in the pub transaction process is the applications with the Office of Liquor and Gaming Regulation (OLGR) for the transfer of a liquor licence and grant of a new gaming machine licence. Due to the substantial increase in the time taken to process applications for transfer liquor and gaming licences linked to pubs, the OLGR will now approve Interim Authorisations. These Interim Authorisations are not permanent and come with risk to the proposed licensee. Managing Partner, Curt Schatz explores this process and the implications for the licensee and their business.
- [Estate and family law planning for the ‘great wealth transfer’](https://www.mullinslawyers.com.au/resources/estate-and-family-law-planning-for-the-great-wealth-transfer/) - Australia is expected to see the largest intergenerational wealth transfer in history as the ‘baby boomers’ pass their estates onto younger generations. Simultaneously, rates of separation and divorce are increasing, as are second and subsequent relationships and blended families. As a result, lawyers are seeing an unprecedented demand from clients for wealth protection plans to ensure their legacy is carried out upon death.
- [A worker has an unwitnessed fall at work and is injured. How did it happen, and is the employer responsible?](https://www.mullinslawyers.com.au/resources/a-worker-has-an-unwitnessed-fall-at-work-and-is-injured-how-did-it-happen-and-is-the-employer-responsible/) - In the recent decision of Cameron v Atlas Heavy Engineering Pty Ltd [2024] QDC 49, the court was required to consider whether Mr Cameron or his employer, Atlas Heavy Engineering Pty Ltd, was responsible for Mr Cameron's injuries subsequent to a fall. Mullins Lawyers acted for WorkCover in a claim brought by a machine operator who suffered injuries in an unwitnessed fall
- [Importance of a Will & Enduring Power of Attorney](https://www.mullinslawyers.com.au/resources/importance-of-a-will-enduring-power-of-attorney/) - Given that many publicans have considerable assets as part of their pub portfolio, it is important to consider what your succession plan is should you lose capacity or pass away. A robust succession plan can facilitate smooth transitions, minimising disruptions, especially during an unexpected departure.
- [Mental Health Claims – What is 'Reasonable Management Action'?](https://www.mullinslawyers.com.au/resources/mental-health-claims-what-is-reasonable-management-action/) - With workplace mental health injuries increasing in prevalence, employers should take time to review if their management actions are reasonable for the workplace. Senior Associate, Phil Carlson provides some guidelines for employers as to what can be considered 'Reasonable Management Action' in the following article.
- [Nine Partners recognised in 2025 edition of The Best Lawyers™ in Australia](https://www.mullinslawyers.com.au/resources/nine-partners-recognised-in-2025-edition-of-the-best-lawyers-in-australia/) - We are pleased to announce that nine Mullins Partners have been recognised in the 2025 Edition of The Best Lawyers™ in Australia in the following categories: Michael Klatt – Trusts and Estates and Wealth Management / Succession Planning Practice (2017 – 2025)Paul Lutvey – Insolvency and Reorganization Law (2017 – 2025)Pat Mullins – Education Law
- [Louise Wallace and Fiona Sears listed in Doyle’s Guide 2024 rankings](https://www.mullinslawyers.com.au/resources/louise-wallace-and-fiona-sears-listed-in-doyles-guide-2024-rankings/) - We are pleased to announce our firm and two of our Property lawyers have been recognised by Doyle's Guide!
- [The Maze of Pub Renovations](https://www.mullinslawyers.com.au/resources/the-maze-of-pub-renovations/) - Amidst the current landscape of the Queensland construction industry, publicans may approach the prospect of venue renovation with understandable caution. However, upfront due diligence coupled with careful planning can minimise the risk of the process and the potential for a negative outcome.
- [Upholding privacy: A critical reminder for clubs](https://www.mullinslawyers.com.au/resources/upholding-privacy-a-critical-reminder-for-clubs/) - Data privacy has become a widely discussed issue across a number of industries in recent years. The Clubs industry is no different. On the heels of a major breach in NSW, clubs should consider the security of their data systems. Ensuring the adequacy of current measures but also crafting a proactive strategy to address potential breaches is paramount.
- [Navigating visa solutions to address the skills shortages in the construction industry](https://www.mullinslawyers.com.au/resources/navigating-visa-solutions-to-address-the-skills-shortages-in-the-construction-industry/) - significant threat to this influential sector of the Australian economy. Skilled migrant workers represent a sustainable solution to this national issue. Australia’s visa programs offer various pathways for employers to access overseas talent and can be useful tools with the right legal support.
- [Workplace gender equality – Insights from the hospitality industry](https://www.mullinslawyers.com.au/resources/workplace-gender-equality-insights-from-the-clubs-industry/) - Recently, the Workplace Gender Equality Agency released its first report into gender dynamics in the workplace. Partner Matthew Bradford dissects the Club industry's approach to gender equality under this new legislation.
- [The Implications of the 2024-25 Federal Budget on Skilled Migration](https://www.mullinslawyers.com.au/resources/the-implications-of-the-2024-25-federal-budget-on-skilled-migration/) - From extended planning horizons to streamlined visa processes, stay informed about the key changes shaping overseas talent acquisition in the 2024-25 Federal Budget with our latest legal alert.
- [Mullins is recognised in The Best Law Firms 2025 Edition](https://www.mullinslawyers.com.au/resources/mullins-is-recognised-in-the-best-law-firms-2025-edition/) - We are pleased to announce that Mullins Lawyers has been recognised in the 2025 Edition of Best Law Firms™ in Australia.
- [Minimum Wage to Increase from 1 July 2024](https://www.mullinslawyers.com.au/resources/minimum-wage-increase-from-1-july-2024/) - On 3 June 2024, the Fair Work Commission announced a 3.75% increase to the minimum award wages and the National Minimum Wage. Accordingly, on and from 1 July 2024: the minimum wages in modern awards will be increased by 3.75%; and the National Minimum Wage will be increased from $23.23 per hour (or $882.80 per
- [Check-In, Chow Down: The Legal Buffet of Hotel Management and Catering Agreements](https://www.mullinslawyers.com.au/resources/check-in-chow-down-the-legal-buffet-of-hotel-management-and-catering-agreements/) - For those looking to simplify or streamline their hotel business, you may be considering entering into a management or catering agreement. Such an agreement can help you free up valuable time to focus on other area of your business. However, you must ensure compliance in relation to the OLGR and their administration of the Liquor Act 1992 (Qld) and the Gaming Machine Act 1991 (Qld).
- [Bowl Over Legal Hurdles: Considerations for Expanding or Merging Your Bowls Club](https://www.mullinslawyers.com.au/resources/bowl-over-legal-hurdles-considerations-for-expanding-or-merging-your-bowls-club/) - If your bowls club is considering expanding its footprint by setting up new locations or by merging with another club then you must consider the legal ramifications of this. Let's dive into what's involved for bowls clubs looking to acquire or merge with additional premises.
- [Raising the Roof (Legally): A Guide to Queensland Club Renovation](https://www.mullinslawyers.com.au/resources/raising-the-roof-legally-a-guide-to-queensland-club-renovation/) - Expanding or renovating your club is an exciting venture that can yield numerous benefits. In particular, there is a constant need to update and adapt gaming rooms and other facilities to meet member expectations and keep up with other clubs.
- [Evidence in Personal Injury Claims](https://www.mullinslawyers.com.au/resources/evidence-in-personal-injury-claims/) - One of the worst experiences most small business owners face is that of a worker suffering an injury which then ultimately results in a WorkCover statutory claim. Assuming the Employer has paid their WorkCover Queensland insurance premiums (or other self-insurance premiums), the process post-injury generally is quite straightforward: A claim is lodged. Both the injured
- [Australian Immigration Law Updates: Key Changes as of 1 July](https://www.mullinslawyers.com.au/resources/australian-immigration-law-updates-key-changes-as-of-1-july/) - From 1 July 2024, the Australian Government has implemented significant immigration changes affecting various visa programs and conditions. These updates will impact sponsor businesses, skilled migrant workers, and temporary visa holders. 1. Temporary Skill Shortage Visa (Subclass 482) The Temporary Skill Shortage Visa (Subclass 482), commonly referred to as the TSS or 482 visa, allows
- [Do Employers have Evidence of Fraud?](https://www.mullinslawyers.com.au/resources/do-employers-have-evidence-of-fraud/) - In workers’ compensation claims in Queensland, it is an offence for injured workers to make false and misleading statements.Pursuant to the Workers’ Compensation and Rehabilitation Act 2003, a person must not in any way defraud or attempt to defraud a workers’ compensation insurer. That means an injured worker must not provide false or misleading statements
- [Inn-Surance Insights: Covering Your Queensland Hotel](https://www.mullinslawyers.com.au/resources/inn-surance-insights-covering-your-queensland-hotel/) - Operating a hotel business comes with numerous challenges and risks. Adequate insurance for both the business and the premises is crucial, whether you lease or own the property.
- [Queensland Retirement Villages - You're going to need a bigger spreadsheet](https://www.mullinslawyers.com.au/resources/youre-going-to-need-a-bigger-spreadsheet/) - Feeling relaxed now you’ve finished your retirement village budgets for FY24/25? Sorry, but it’s time to start getting across the significant additional detail required for next financial year. The new regulations The Retirement Villages (Financial Documents) Amendment Regulation 2024 (Amendment Regulation) amends the Retirement Villages Regulation 2018 (RV Regulation) and was approved by the Governor
- [Photography and Videography at Sporting Events](https://www.mullinslawyers.com.au/resources/photography-and-videography-at-sporting-events/) - Mullins Lawyers recently assisted in a matter involving a parent taking photos at a children's sports event without approval, claiming the organisation’s policies didn't bind them as a public member. Australian law allows filming in public places without consent, but private property owners can set restrictions. Specifically, as it applies to this matter, a sporting organisation can enforce photography policies on private property, but not on non-members in public places, who must only adhere to venue entry conditions. Consistent enforcement of these rules is challenging but necessary for managing privacy concerns effectively.
- [Big Brother is Watching, But Legally: Navigating CCTV in Hospitality](https://www.mullinslawyers.com.au/resources/big-brother-is-watching-but-legally-navigating-cctv-in-hospitality/) - As featured in the latest edition of QHA Review Magazine In Queensland, the use of Closed-Circuit Television (CCTV) cameras in licensed venues has become an important tool in maintaining public safety, deterring criminal or antisocial activities and otherwise ensuring compliance with regulatory requirements. The installation of CCTV cameras in licensed venues such as pubs and
- [Australia’s Skills Shortage Solution: Understanding the New SID Visa Pathways](https://www.mullinslawyers.com.au/resources/australias-skills-shortage-solution-understanding-the-new-sid-visa-pathways/) - The new Skills in Demand Visa (SID Visa) will replace the TSS Visa from 7 December 2024, creating clearer pathways to permanent residency for skilled workers. With tailored pathways for highly skilled professionals, core skills occupations, and essential roles, these reforms are designed to address workforce shortages and improve mobility for visa holders.
- [Planning an Event? Here’s Your Essential Guide to Community Liquor Permits](https://www.mullinslawyers.com.au/resources/planning-an-event-heres-your-essential-guide-to-community-liquor-permits/) - Bowls clubs and community organisations in Queensland face unique rules to stay compliant with liquor laws when hosting events at venues without a liquor licence. When applying for a Community Liquor Permit (CLP) it is essential to understand the requirements for your event. In our latest article, Partner, Matthew Bradford breaks down everything you need to know about applications, venue compliance, and exemptions for CLPs to help your event succeed.
- [The Overlap of Migration and Employment Law: What Employers Must Know](https://www.mullinslawyers.com.au/resources/the-overlap-of-migration-and-employment-law-what-employers-must-know/) - With skills shortages and rising demand for international talent, understanding the overlap between migration and employment law is more important than ever. This article, written by Migration Partner, Corina Chen and Employment Partner, Sam McIvor, and Solicitor, Bronte Jackson breaks down key updates on visa compliance, employment law changes, and practical tips for seamless workforce planning.
- [Liquor, Gaming, and the Law: Compliance for Hotels](https://www.mullinslawyers.com.au/resources/liquor-gaming-and-the-law-compliance-for-hotels/) - Operating a licensed hotel in Queensland comes with strict obligations under liquor and gaming legislation, enforced by the Office of Liquor and Gaming Regulation (OLGR). In our latest article, Partner, Curt Schatz explores what to expect during an OLGR compliance inspection, common obligations for licensees, and practical strategies to ensure your venue stays compliant. Discover how proactive preparation can safeguard your business and ensure smooth operations.
- [A Workplace Injury is Not Always the Employer's Fault](https://www.mullinslawyers.com.au/resources/a-workplace-injury-is-not-always-the-employers-fault/) - Not all workplace injuries result from employer negligence, as highlighted in the recent case of Lowe v Greenmountain Food Processing Pty Ltd [2024] QDC 204. This decision reinforced the importance of strong evidence in proving liability and demonstrated that not every incident can be attributed to an employer’s failure. In our latest article, Senior Associate, Emily Trickey unpacks this decision and highlights why thorough risk assessments and safety measures are critical for employers.
- [Strengthening Regional Queensland’s Hospitality Workforce Through Migration](https://www.mullinslawyers.com.au/resources/strengthening-regional-queenslands-hospitality-workforce-through-migration/) - Struggling with workforce shortages in regional Queensland’s hospitality sector? Explore how the new Skills in Demand Visa (SID Visa) and other migration pathways can help businesses tackle staffing challenges, boost employee loyalty, and create a sustainable workforce. In our latest article, Partner Corina Chen breaks down how migration solutions can drive growth and long-term success in this critical industry.
- [License to Chill (Longer): Extending Your Venue’s Hours](https://www.mullinslawyers.com.au/resources/license-to-chill-longer-extending-your-venues-hours/) - Thinking about extending your venue’s trading hours? In our latest article, Partner, Curt Schatz explores the key factors and benefits of applying for permanent extended trading hours under Queensland’s Liquor Act. From OLGR requirements to community considerations and business opportunities, this guide has everything you need to know.
- [Changes to employer's obligations](https://www.mullinslawyers.com.au/resources/changes-to-employers-obligations/) - Important amendments to the Workers' Compensation and Rehabilitation Act 2003 have come into effect. These include two key sections: Section 46A, which prohibits employers from influencing workers to forgo their compensation rights, and Section 46B, which requires employers to provide workers with an Information Statement outlining their rights under the scheme. In our latest article, Partner, Cameron Seymour breaks down these new sections and their implications for employers.
- [Mullins Lawyers promotes eight lawyers, including two to partner](https://www.mullinslawyers.com.au/resources/mullins-lawyers-promotes-eight-lawyers-including-two-to-partner/) - Brisbane-based law firm Mullins Lawyers has today announced the promotion of eight lawyers, including Annabelle Efstathis and Glen Rolley as new partners in the firm’s leading Property & Hospitality practice.
- [What are the top three things you'd recommend to a Personal Injury client?](https://www.mullinslawyers.com.au/resources/what-are-the-top-three-things-youd-recommend-to-a-personal-injury-client/) - Making a personal injury claim can feel overwhelming, but taking the right steps can make all the difference. Associate, Roz van der Blom shares three essential tips—from keeping detailed records and seeking prompt medical attention to understanding strict time limits—that can help you protect your rights and maximise your compensation.
- [New Managing Partner for Mullins Lawyers](https://www.mullinslawyers.com.au/resources/new-managing-partner-for-mullins-lawyers/) - Mullins Lawyers is pleased to announce a change of Managing Partner, effective 31 December 2024. Mullins Lawyers is pleased to announce that Sam McIvor will be appointed to the role of Managing Partner, effective end of December 2024. He will succeed Curt Schatz, who has led the firm for nearly a decade since 2015.
- [I run a small business. I just received a notice from a government department saying I have to hand over a whole list of business records. Do I have to do so?](https://www.mullinslawyers.com.au/resources/i-run-a-small-business-i-just-received-a-notice-from-a-government-department-saying-i-have-to-hand-over-a-whole-list-of-business-records-do-i-have-to-do-so/) - If you've received a notice asking for business records, you might be wondering if you have to comply. In regulated industries;, government authorities often request records to ensure compliance with the law. Partner, Mark Madsen, explains why these requests are made and what you need to know about the records that may be required.
- [Supreme Court Says Game Over: No Extension for Worker’s Injury Claim](https://www.mullinslawyers.com.au/resources/supreme-court-says-game-over-no-extension-for-workers-injury-claim/) - Mullins successfully defended an application brought by a worker in the Supreme Court in Queensland in the matter of Vivian v Game Over Pty Ltd [2024] QSC 263 seeking to extend the limitation period for commencing a personal injuries claim.
- [Bunnings Hammered over Privacy Breach](https://www.mullinslawyers.com.au/resources/bunnings-hammered-over-privacy-breach/) - Last week the Privacy Commissioner found that Bunnings’ widespread use of CCTV cameras (and the footage used within a facial recognition technology (FRT) system), amounted to a breach of the Privacy Act.Whilst many reports have focused on Bunnings use of FRT, the reach of the decision is much more broad and is relevant for any
- [Smart Hospitality: How an AI Policy Will Benefit Your Hotel (And Why Your Directors & Management Should Be Across This)](https://www.mullinslawyers.com.au/resources/smart-hospitality-how-an-ai-policy-will-benefit-your-hotel-and-why-your-directors-amp-management-should-be-across-this/) - AI tools such as Chat GPT are widely used by management and staff in many organisations. The use of those tools come with risks which pose governance issues and should be properly considered by Boards and Management before the technology is implemented.
- [Duties you need to know as an executor](https://www.mullinslawyers.com.au/resources/duties-you-need-to-know-as-an-executor/) - Being an executor comes with considerable responsibility and can be a rather thankless task, particularly when you are not a beneficiary of the estate. An appointed executor has a number of obligations and it is important executors take these obligations seriously. Litigation against executors for failing in their duties is becoming more common.As people’s affairs
- [Same-sex marriage - How does it affect your estate planning?](https://www.mullinslawyers.com.au/resources/same-sex-marriage-how-does-it-affect-your-estate-planning/) - The much anticipated Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth) commenced in Australia on 9 December 2017.Same-sex couples are now able to be married and it is important that they, as well as their advisors, understand how marriage can impact their Wills and estates.Subject to some limited exceptions, getting married will revoke all
- [Do I Really Need a Will?](https://www.mullinslawyers.com.au/resources/do-i-really-need-a-will/) - If there is one thing I have learned practising in Wills & Estates for the past 10 years, it's people don't like talking about dying.
- [Conservatorship, Capacity, Britney Spears and You!](https://www.mullinslawyers.com.au/resources/conservatorship-capacity-britney-spears-and-you/) - Britney Spears is free! The end of September saw a Judge finally suspend her father as her conservator, 13 years after he was appointed to manage all aspects of her life.
- [The Evolving Club Landscape: Trends in the Industry](https://www.mullinslawyers.com.au/resources/the-evolving-club-landscape-trends-in-the-industry/) - As featured in the latest edition of Club Insight Magazine As the end of 2024 is fast approaching, it is a good time to reflect on the trends we are seeing throughout the clubs’ industry as it continues to grow and evolve. In particular, we have noticed a continued uptick in clubs:seeking out mergers and
- [Can an insurer who accepts a compensation claim on the basis an injured person is a worker change its mind in a later damages claim?](https://www.mullinslawyers.com.au/resources/can-an-insurer-who-accepts-a-compensation-claim-on-the-basis-an-injured-person-is-a-worker-change-its-mind-in-a-later-damages-claim/) - Facts In Cagney v D&J Building Contractors Pty Ltd [2024] QDC 162, the District Court of Queensland considered the question of whether the injured person was a “worker” under s11 of the Workers’ Compensation and Rehabilitation Act (“WCRA”).The injured person lodged a worker’s compensation claim after suffering injury falling from a ladder on a building
- [Concussion in Sport Update](https://www.mullinslawyers.com.au/resources/concussion-in-sport-update/) - Earlier this year, the Australian Concussion Guidelines for Youth and Community Sport was published, offering strategies for recognising and managing concussions in underage and community sports. Also published was the Concussion and Brain Health Statement 2024 which includes a return-to-play framework for elite athletes. While not mandatory, these recommendations aim to enhance safety across all sports, both mitigating litigation risks and prioritising participant welfare.
- [Where There’s Smoke, There’s... Less Room: New Smoking Rules in Play](https://www.mullinslawyers.com.au/resources/where-theres-smoke-theres-less-room-new-smoking-rules-in-play/) - As of July 1, 2024, significant changes have been made to the Tobacco and Other Smoking Products Act 1998. Key changes include stricter regulations on designated outdoor smoking areas, the upcoming introduction of a tobacco licensing scheme and upcoming changes in the supply of tobacco at licensed premises. Partner Matthew Bradford breaks down these changes and offers guidance on how to keep your club compliant.
- [Navigating visa solutions to address the skills shortages in the hospitality industry](https://www.mullinslawyers.com.au/resources/navigating-visa-solutions-to-address-the-skills-shortages-in-the-hospitality-industry/) - Discover how recent visa changes can positively impact the Australian hospitality industry. From increased labour market mobility to reduced work experience requirements, these changes are set to address the skilled worker shortage and bolster the workforce. In our latest QHA Review article, Partner, Corina Chen explores these updates and their benefits.
- [How Privacy Act Reform Will Affect Sporting Organisations](https://www.mullinslawyers.com.au/resources/how-privacy-act-reform-will-affect-sporting-organisations/) - Major reforms to the Privacy Act by the Federal Government are anticipated which will impact how sporting organisations handle athlete and member data. Key changes include removal of the small business exemption, requiring clear and voluntary consent for data collection, reducing the data breach reporting timeframe to 72 hours, and adding further protections for children and vulnerable individuals. Sporting clubs and entities must enhance transparency, establish clear privacy policies, and strengthen data protection measures to comply with the new regulations.
- [Significant Decision on Transgender Swimmer](https://www.mullinslawyers.com.au/resources/significant-decision-on-transgender-swimmer/) - The Court of Arbitration for Sport (CAS) has ruled that transgender swimmer Lia Thomas remains ineligible for elite events under the USA Swimming Policy. However, CAS did not address whether World Aquatics' eligibility policy is discriminatory. The ruling focused on whether Thomas had standing to challenge the policy, concluding she lacked the necessary standing. Consequently, her case was dismissed, barring her from elite women's events and the Olympics for now.
- [Discrimination And Inclusion in Sport (Changes to Legislation)](https://www.mullinslawyers.com.au/resources/discrimination-and-inclusion-in-sport-changes-to-legislation/) - Recent amendments to the Births, Deaths and Marriages Registration Act 2023 (Qld) have modernised anti-discrimination laws. These amendments effect the Anti-Discrimination Act 1991 (Qld) in that restrictions on intersex athletes in competitive sports in Queensland are now prohibited, regardless of the strength, stamina, or physique requirements of the activity. Intersex individuals are now protected under the new attribute of "sex characteristics," while transgender athletes are categorised under "gender identity," to which the "sporting exemption" still applies.
- [How do I choose the right business structure for a start up?](https://www.mullinslawyers.com.au/resources/how-do-i-choose-the-right-business-structure-for-a-start-up/) - Choosing the right business structure for your start-up can be a complicated process. Selecting the right fit for you depends on your needs, your current and future goals and the availability of resources. We've broken down the common types of business structures to assist you in making the right decision for your business.
- [Do you have a Shareholders Agreement?](https://www.mullinslawyers.com.au/resources/do-you-have-a-shareholders-agreement/) - A Shareholders Agreement is an essential aspect of any business company operating with more than one shareholder. Serving as a key governance manual, a Shareholder Agreement becomes particularly crucial if you're a sole shareholder planning to bring in additional shareholders like an investors. Learn why a custom, well-drafted shareholders agreement is a valuable tool to protect your business.
- [What is a contract?](https://www.mullinslawyers.com.au/resources/what-is-a-contract/) - As your business grows you may find yourself entering into contracts more frequently. However, do you understand when you’ve entered into a contract? We've simplified these key elements for you.
- [What are the impacts of restraint of trade clauses?](https://www.mullinslawyers.com.au/resources/what-are-the-impacts-of-restraint-of-trade-clauses/) - Restraint clauses are a valuable tool for safeguarding a company's legitimate business interests. While only applicable to certain key personnel in businesses, they may offer essential protection when needed. Carefully crafting these clauses is crucial to ensuring their enforceability
- [Is my worker an employee or an independent contractor?](https://www.mullinslawyers.com.au/resources/is-my-worker-an-employee-or-an-independent-contractor/) - There have been new developments in determining employee vs. independent contractor status. Following recent High Court decisions, from 26 August 2024, courts will assess the real substance and true nature of the relationship, considering both the written agreement and its practical execution. Review our breakdown of these changes to ensure your agreements reflect the true nature of the relationship.
- [What can I do to protect my brand?](https://www.mullinslawyers.com.au/resources/what-can-i-do-to-protect-my-brand/) - Protecting your brand is fundamental to business success. Whether you're preparing to sell or safeguarding your assets, securing registrations are paramount.Explore our high-level guide on protecting your business names, domains, logos, and more.
- [From Blueprint to Reality: Preparing for Your Renovation](https://www.mullinslawyers.com.au/resources/from-blueprint-to-reality-preparing-for-your-renovation/) - Amidst the current landscape of the Queensland construction industry, those wanting to build or renovate may approach the project with understandable caution. However, upfront due diligence coupled with careful planning can minimise the risk of the process and the potential for a negative outcome. Partner, Mark Madsen, delves into the essential steps individuals should undertake, emphasising the pivotal role of legal representation in ensuring a successful outcome.
- [Olympic IP hiding in plain sight?](https://www.mullinslawyers.com.au/resources/olympic-ip-hiding-in-plain-sight/) - The buzz from the Summer Olympic Games isn’t over yet! We can learn a lot from the endeavours of our athletes, including to keep on the lookout for IP rights, which are widespread and can appear in some of the strangest places. Australia's very own "Raygun" has captured global attention with her unique and creative performance. But did you know her innovative moves might hold valuable intellectual property that needs protection?
- [When A Contractual Indemnity Is Not Worth the Paper It's Written On](https://www.mullinslawyers.com.au/resources/when-a-contractual-indemnity-is-not-worth-the-paper-its-written-on/) - A recent Court of Appeal decision has clarified the interpretation of indemnity clauses in workers compensation damage claims. Partner, Cameron Seymour discusses the case, Bilson v Vatsonic Communications and its impact on contracts contemplating allocation of risk in such claims.
- [Independent contractors are not entitled to superannuation payments. Or are they?](https://www.mullinslawyers.com.au/resources/independent-contractors-are-not-entitled-to-superannuation-payments-or-are-they/) - Misconstruing the superannuation entitlements of your independent contractors can expose you to liability issues. Reviewing the categorisation of your independent contractors under the SGA Act is vital to ensure your business is compliant.
- [Do you own your intellectual property?](https://www.mullinslawyers.com.au/resources/do-you-own-your-intellectual-property/) - Understanding your intellectual property rights is crucial for your business. Many clients are surprised to learn they may not fully own their intangible assets. Common misconceptions arise, such as assuming your company automatically owns IP rights if you paid a third party to develop an asset, but your agreement might say otherwise. Knowing your IP ownership is vital, especially when selling your business or shares. Without clear legal ownership, your commercial position and bargaining power could be compromised.
- [Your super power: How to ensure your super is paid out to your preferred beneficiaries](https://www.mullinslawyers.com.au/resources/your-super-power-how-to-ensure-your-super-is-paid-out-to-your-preferred-beneficiaries/) - Many overlook their superannuation when planning their estate, but it’s crucial to avoid leaving your loved ones in a bind. In a recent case handled by Mullins, this oversight led to significant confusion. Senior Associate, Rachel Lusis underscores why your superannuation should never be an afterthought in your estate planning.
- [If I’m a permanent resident, how can I help family members join me in Australia?](https://www.mullinslawyers.com.au/resources/if-im-a-permanent-resident-how-can-i-help-family-members-join-me-in-australia/) - As a permanent resident, you have several pathways to sponsor eligible family members to join you in Australia. Options include partner visas for your spouse or de facto partner, visas for dependent children, and temporary or permanent visas for parents. Understanding the specific requirements for these visas is crucial.
- [Want to sell your business? Here's what you may need to do](https://www.mullinslawyers.com.au/resources/want-to-sell-your-business-heres-what-you-may-need-to-do/) - Deciding to sell your business can be a stressful process. In the case that you decide to move forward with a share or business sale, several key steps should be followed. We've broken these steps down for you and provided a high-level process guide to help you through the sale process.
- [Mullins Appoints New CFO and COO](https://www.mullinslawyers.com.au/resources/mullins-appoints-new-cfo-and-coo/) - Mullins Lawyers has announced the appointment of James Holmes as its new Chief Operations and Financial Officer.
- [Sign Here, Please: A Legal Tour of Trademarks and Business Branding](https://www.mullinslawyers.com.au/resources/sign-here-please-a-legal-tour-of-trademarks-and-business-branding/) - As featured in the most recent edition of Club Insight Magazine Whether you are seeking to re-brand, introduce an additional brand or concerned about your existing brand or intellectual property rights, you must consider your legal position to protect your business. In this article, we touch on some of the things you should be consider
- [Navigating Estate Disputes: Protecting Your Legacy](https://www.mullinslawyers.com.au/resources/navigating-estate-disputes-protecting-your-legacy/) - Partner Michael Klatt has been featured in the latest QHA Update with his recent article Sucession planning for hotel and pub owners. The piece highlights the crucial role of having a well-structured Will and Enduring Powers of Attorney, offering key advice on balancing fairness among children, addressing potential disputes, and ensuring your estate plan truly reflects your intentions.
- [Cracks in the Foundation – Assessing Principal Contractor and Subcontractor Duties of Care to Workers Onsite](https://www.mullinslawyers.com.au/resources/cracks-in-the-foundation-assessing-principal-contractor-and-subcontractor-duties-of-care-to-workers-onsite/) - In a recent Queensland Supreme Court case, Sawyer v Steeplechase Pty Ltd, the complexities of duty of care, causation, and contractor liability were examined. This decision underscores the importance of clear responsibility and safety protocols between principal contractors and subcontractors. Associate, Shane Lawlor, breaks down the implications for construction projects and contractor liability in our latest article.
- [Mullins Lawyers Appoints Two New Insurance Partners](https://www.mullinslawyers.com.au/resources/mullins-lawyers-appoints-two-new-insurance-partners/) - Brisbane-based law firm Mullins Lawyers proudly announces the appointment of Anna-Britt Kjellgren and David Isaac as Partners.With a wealth of experience exceeding 10 years in insurance litigation, both individuals bring a high level of expertise to their roles, specialising in workers' compensation, public liability, and compulsory third-party claims.Throughout their tenure at Mullins Lawyers, Anna-Britt and
- [Clubs Queensland Collaboration - DFV Prevention Month](https://www.mullinslawyers.com.au/resources/clubs-queensland-collaboration-dfv-prevention-month/) - Mullins is proud to have recently collaborated with Clubs Queensland and Challenge DV to provide essential resources aimed at empowering member clubs to recognise and appropriately respond to cases of domestic and family violence, especially during Domestic and Family Violence Prevention month.cor
- [Employers' duty of care can extend beyond work hours](https://www.mullinslawyers.com.au/resources/employers-duty-of-care-can-extend-beyond-work-hours/) - Who is liable if a worker returns to the workplace after work hours and injures themselves? Do employers have a duty of care to their workers in these instances?The answer will depend on the facts of each case. In the decision of Walker v Greenmountain Food Processing Pty Ltd, handed down on 29 October 2020,
- [A Case With No Winners - State of Queensland Not Liable for Firefighter's PTSD](https://www.mullinslawyers.com.au/resources/a-case-with-no-winners-state-of-queensland-not-liable-for-firefighters-ptsd/) - In the matter of Giles v State of Queensland [2020] QDC 332, a firefighter sought damages for PTSD suffered when attending a particularly horrific housefire
- [Workplace injury claims: Understanding your disclosure obligations as an employer](https://www.mullinslawyers.com.au/resources/workplace-injury-claims-understanding-your-disclosure-obligations-as-an-employer/) - When a worker has commenced a claim for compensation against an employer alleging the employer is negligent for a workplace injury, the employer has a legal obligation to disclose relevant information and documents.The obligation to disclose relevant documents is required by all parties involved in the claim.What am I obliged to disclose?During the pre-proceedings stage
- [Psychological Injuries in the Workplace: What is an Employer to Do?](https://www.mullinslawyers.com.au/resources/psychological-injuries-in-the-workplace-what-is-an-employer-to-do/) - Claims for workplace stress or mental health issues arising out of the course of a worker's employment have been on an upward trend.
- [Injured Employee Refused Damages Due to Fraudulent Behaviour](https://www.mullinslawyers.com.au/resources/injured-employee-refused-damages-due-to-fraudulent-behaviour/) - Mr K made a claim for compensation alleging the laceration was caused by his employer failing to provide proper equipment or training on how to perform a certain task.
- [High Court Rules on Workplace Mental Injury Claims](https://www.mullinslawyers.com.au/resources/high-court-rules-on-workplace-mental-injury-claims/) - Claims for compensation and damages for mental injuries suffered in the workplace are becoming increasingly more common.
- [Workcover Claimant Convicted of Fraud Due to Side-hustle](https://www.mullinslawyers.com.au/resources/workcover-claimant-convicted-of-fraud-due-to-side-hustle/) - Not every WorkCover Claimant is able to bring a successful common law claim.
- [Part II: Are Employers Liable for a Drunk Employee's Behaviour?](https://www.mullinslawyers.com.au/resources/part-ii-are-employers-liable-for-a-drunk-employees-behaviour/) - Last year, we wrote about a scandalous case where a man was urinated on by a fellow employee. Since publishing that article, there have been further developments in the case which include an appeal and an application to the High Court.
- [Part III: Are Employers Liable for a Drunk Employee's Behaviour?](https://www.mullinslawyers.com.au/resources/part-iii-are-employers-liable-for-a-drunk-employees-behaviour/) - In July 2021 and April 2022, we wrote about the rather unfortunate plight of Mr Schokman (the Plaintiff), a food and beverage supervisor who was “living the dream” on Daydream Island when he was urinated on by a fellow employee with whom he was sharing staff accommodation. Such accommodation had been organised by his employer,
- [Are Lawyers' File Notes of Conversations with Experts Disclosable? Round Two – Appeal Decision](https://www.mullinslawyers.com.au/resources/are-lawyers-file-notes-of-conversations-with-experts-disclosable-round-2-appeal-decision/) - In our article in July 2023, we examined the case of Enkelmann & Ors v Stewart & Anor [2023] QSC 111 in which a lawyer’s file note of a conversation with an expert witness on a legal matter was not protected by legal professional privilege and had to be disclosed. The parties who were ordered to
- [Tassie Devil trade marks have us all in a spin](https://www.mullinslawyers.com.au/resources/tassie-devil-trade-marks-have-us-all-in-a-spin/) - Tasmanian Devils featured prominently in news headlines last week. However, those were not the growling, screeching carnivorous marsupials that live in the forests of Tasmania, but rather a Hollywood cartoon character and several former and would-be AFL players who were at an impasse over the use of that name/mark.The reason for the consternation was that U.S.
- [Fixed Term Contracts in Sport](https://www.mullinslawyers.com.au/resources/fixed-term-contracts-in-sport/) - On 6 December 2023, new rules[1] came into effect when engaging employees on fixed term contracts. The general intent of the legislation is to limit the use of fixed-term contracts in order to move more employees into permanent employment.One of the new rules is that a fixed term contract can’t be for longer than 2
- [Removal of Directors](https://www.mullinslawyers.com.au/resources/removal-of-directors/) - Both the Associations Incorporation Act and the Corporations Act provide for means by which directors or members of the management committee can be removed from their positions by the members. In the case of Mr Hamish McLennan, his resignation was requested by a majority of voting members and as a consequence of that, the board
- [The interplay between constitutions and by-laws](https://www.mullinslawyers.com.au/resources/the-interplay-between-constitutions-and-by-laws/) - Typically, constitutions of sporting organisations and associations will contain a clause providing that the board or management committee may make by-laws (or regulations) for the proper advancement, management and administration of the organisation and its objects, and that such by-laws must be consistent with the constitution.Such by-laws are binding on all members of the organisation.
- [Conversion to a Company](https://www.mullinslawyers.com.au/resources/conversion-to-a-company/) - We have drafted a large number of new constitutions in recent times for various organisations from the smallest to the largest.There seems to be a genuine desire to improve governance at all levels of member-based organisations throughout Australia. This is to the credit of the boards of those organisations who are spending significant time and
- [Are Employers Liable for a Drunk Employee's Behaviour?](https://www.mullinslawyers.com.au/resources/are-employers-liable-for-a-drunk-employees-behaviour/) - Employers owe a duty of care to their employees to take reasonable care to avoid exposing them to unnecessary risks of injury. What happens when such risks arise outside of an employer's usual work hours involving the consumption of alcohol?
- [New Queensland law requires all building owners to check their properties by 29 March 2019](https://www.mullinslawyers.com.au/resources/new-queensland-law-requires-all-building-owners-to-check-their-properties-by-29-march-2019/) - You may recall our article last year titled The Legacy of Grenfell – Combustible Cladding in Queensland where we notified you about the flow-on effects of the tragic fire at Grenfell Tower and subsequent investigation into buildings which may have combustible cladding in Queensland.One outcome of these investigations was the creation of new laws in
- [Worker falls down stairs at work: Who's to blame?](https://www.mullinslawyers.com.au/resources/worker-falls-down-stairs-at-work-whos-to-blame/) - In the recent decision of Manca v Teys Australia Beenleigh Pty Ltd [2023] QDC 139, the Court was required to consider whether Mr Manca, or his employer, Teys Australia Beenleigh Pty Ltd (Teys) was responsible for Mr Manca’s slip and fall. Facts of the Claim On 11 February 2020, after completing his shift, Mr
- [Are pedestrians liable for their injuries when traveling along a road?](https://www.mullinslawyers.com.au/resources/are-pedestrians-liable-for-their-injuries-when-traveling-along-a-road/) - All road users owe each other a duty to travel with due care and keep a proper lookout of their surroundings to avoid collision. A road user also has a duty to steer clear of other vehicles, cyclists, or pedestrians and exercise proper care and control. Pedestrians by law must not travel along a road
- [Who Insures Queensland Workers Who Injure Themselves Interstate?](https://www.mullinslawyers.com.au/resources/who-insures-queensland-workers-who-injure-themselves-interstate/) - This interesting question was investigated in the matter of Covill v WorkCover Queensland [2022] QSC 171. Justice Applegarth of the Queensland Supreme Court delivered judgment on 17 August 2022, examining whether a chef who injured herself working at Daly Waters in the Northern Territory was entitled to claim damages against her employer in Queensland.
- [Breaking News: Employers to Recognise and Manage Psychosocial Risks](https://www.mullinslawyers.com.au/resources/breaking-news-employers-to-recognise-and-manage-psychosocial-risks/) - There is definitely a trending increase in claims for compensation and damages for psychiatric injury.
- [Early Investigation and Your Business: How Contemporaneous Investigation Can Save You Headaches in the Future](https://www.mullinslawyers.com.au/resources/early-investigation-and-your-business-how-contemporaneous-investigation-can-save-you-headaches-in-the-future/) - On 20 October 2022, the Supreme Court in Rockhampton handed down a judgement in Graham v State of Queensland, finding an injured worker's Notice of Claim for Damages (NOCD) to be compliant even when it had few details of how the injury was suffered.
- [Work Health and Safety Prosecutor's Annual Report](https://www.mullinslawyers.com.au/resources/work-health-and-safety-prosecutors-annual-report/) - Mullins Lawyers acts for workers’ compensation insurers responding to claims for damages for personal injuries suffered in the course of employment. As part of the process, we investigate why injuries occur.
- [New Positive Duty under the Sex Discrimination Act](https://www.mullinslawyers.com.au/resources/new-positive-duty-under-the-sex-discrimination-act/) - As featured in the latest edition of Bowler Magazine The recent changes to the Sex Discrimination Act 1984 mean that employers now have a positive duty to remove sexual harassment, sex discrimination and victimisation in the workplace. This aims to remove unlawful behaviour including:Treating someone unfairly based on their gender in a work settingInappropriate sexual
- [Australia well-positioned to retain skilled workers with upcoming 482 visa changes](https://www.mullinslawyers.com.au/resources/australia-well-positioned-to-retain-skilled-workers-with-upcoming-482-visa-changes/) - This article was written on 20 November 2023 ahead of the proposed changes expected to come into effect on 25 November. Exciting news on the horizon for 482 visa holders in Australia! Pending approval of regulation changes, a series of amendments are set to roll out from 25 November 2023, marking a significant expansion of
- [Act now - Unfair Contract Terms changes will apply to you from today!](https://www.mullinslawyers.com.au/resources/act-now-unfair-contract-terms-changes-will-apply-to-you-from-today/) - The Unfair Contract Terms (UCT) provisions of the Competition and Consumer Act have now commenced, but it is not too late to act. Businesses will now be guilty of illegal conduct and subject to substantial penalties and fines for entering into (or even if offering) standard form contracts that contain Unfair Contract Terms.Don’t just assume
- [The Ruby Princess and consumer guarantees](https://www.mullinslawyers.com.au/resources/the-ruby-princess-and-consumer-guarantees/) - This article was co-written by Associate, Narelle Galligan. The words “Ruby Princess” still bring COVID-19 to mind for many Australians, but perhaps not more than for Susan Karpik. Mrs Karpik and her husband, Henry, were two of over 2,600 passengers who left Sydney on a 13-day cruise in March 2020 at the outset of the
- [I want to apply for a Partner Visa but I haven't been living with my (Australian) partner for 12 months yet. What can I do?](https://www.mullinslawyers.com.au/resources/i-want-to-apply-for-a-partner-visa-but-i-havent-been-living-with-my-australian-partner-for-12-months-yet-what-can-i-do/) - Depending on your circumstances, you may still be able to apply and you can also register your civil partnership depending on where you live. What’s most important is demonstrating that you and your partner are in a genuine and ongoing (de facto or spousal) relationship. This means providing evidence to demonstrate you share financial matters,
- [New Unfair Contract Laws after 9 November 2023](https://www.mullinslawyers.com.au/resources/new-unfair-contract-laws-after-9-november-2023/) - The existence of unfair contract laws in Australia is nothing new. The effect of breaching these causes the offending provisions in a contract to be void from the contract’s outset (void ab initio). To date, these provisions have been restricted to standard form contracts to consumers and small businesses (which I’ll refer to below as
- [How does social media impact a claim?](https://www.mullinslawyers.com.au/resources/how-does-social-media-impact-a-claim/) - It is common in the present day and age to publicise everyday activities and life events on social media.We are often asked whether and how Claimant’s social media posts impact their damages claim.There is a positive obligation on a Claimant not to defraud (or attempt to defraud), mislead, or knowingly provide false information to insurers
- [An update on Food Safety Requirements](https://www.mullinslawyers.com.au/resources/an-update-on-food-safety-requirements/) - As featured in the latest edition of Bowler Magazine In Queensland, every Bowls Club that sells meals or unpackaged food under a Food Business Licence is required to have an accessible Food Safety Supervisor (FSS). The responsibility of the FSS is to ensure the safe handling of food within the Club. This is achieved by
- [Adequate Insurance to Protect Your Hotel Investment](https://www.mullinslawyers.com.au/resources/adequate-insurance-to-protect-your-hotel-investment/) - As featured in the latest edition of QHA Magazine There are various risks and challenges associated with operating a hotel business. Among the critical considerations for managing said risks is ensuring that you obtain adequate insurance for both the business and the premises, whether you use the premises under a leasing arrangement or own the
- [Responding to Members' requests to call Meetings](https://www.mullinslawyers.com.au/resources/responding-to-members-requests-to-call-meetings/) - As featured in the latest edition of Bowler Magazine I recently had a few questions from a Bowls Club about some members wanting to call a meeting to challenge a decision made by the Board. It is important to first distinguish the different types of general meetings that can be held by a Bowls Club, and
- [Senate Report on Concussions and repeated head trauma in contact sports](https://www.mullinslawyers.com.au/resources/senate-report-into-concussions-and-repeated-head-trauma-in-contact-sports/) - We set out below the 13 key recommendations and the role that the Senate Committee considers sporting organisations play in these recommendations.
- [Food and Hygiene Licence - An Overview](https://www.mullinslawyers.com.au/resources/food-and-hygiene-licence-an-overview/) - As featured in the September edition of the QHA Magazine A vital component of operating a pub or hotel in the hospitality industry is the service of food and beverages. To ensure the safety and health of consumers, specific legislative requirements govern the application and issuance of good and hygiene licenses (Food Licences) which allow
- [Life isn't fair, but your proforma contracts must be. Have you reviewed yours before the law changes?](https://www.mullinslawyers.com.au/resources/life-isnt-fair-but-your-proforma-contracts-must-be-have-you-reviewed-yours-before-the-law-changes/) - All businesses and organisations now have less than 3 months to review their terms and conditions and any standard form contracts before changes to the Unfair Contract Terms (UCT) regime come into effect. The changes commence on 10 November 2023, with no grace period. From that date, businesses will be exposed to fines and penalties, may
- [Are Lawyers' File Notes of Conversations with Experts Disclosable?](https://www.mullinslawyers.com.au/resources/are-lawyers-file-notes-of-conversations-with-experts-disclosable/) - Is a lawyer’s file note of a conversation with an expert witness on a legal matter protected by legal professional privilege? This question was examined by the Queensland Supreme Court in the recent decision of Enkelmann & Ors v Stewart & Anor [2023] QSC 111.In this litigated matter, the parties sought a decision by the
- [Minimum salary for sponsored workers increases from 1 July 2023](https://www.mullinslawyers.com.au/resources/minimum-salary-for-sponsored-workers-increases-from-1-july-2023/) - %%excerpt%% Being raised for the first time since 2013, from 1 July 2023, the Australian Government will increase the Temporary Skilled Migration Income Threshold (TSMIT) from $53,900 to $70,000.
- [Estate Planning Milestones – Ages 18 - 29](https://www.mullinslawyers.com.au/resources/estate-planning-milestones-ages-18-29/) - When it comes to estate planning, everyone's circumstances are unique – which, incidentally, is why it is so important to get an experienced lawyer to draft your Will.
- [Voidable Betting Transactions](https://www.mullinslawyers.com.au/resources/voidable-betting-transactions/) - As featured in the latest edition of the QHAMagazine With technological and sociological advancements, all retailers and providers have been forced to consider a revamp of their services and the mediums through which those services are provided to the public. This is no different for hotel operators, who have had to continue to evolve their
- [The current status of the National Integrity Framework](https://www.mullinslawyers.com.au/resources/the-current-status-of-the-national-integrity-framework/) - In 2022, the National Integrity Framework (NIF) was introduced comprising of a suite of integrity-related policies, those being the:National Integrity Framework document;Complaints, Disputes and Discipline Policy (CDDP);Child Safeguarding Policy;Competition Manipulation and Sport Wagering Policy;Improper Use of Drugs and Medicine Policy; andMember Protection Policy.By the end of 2022, Sport Integrity Australia (SIA) stated on its website
- [Collection of athlete data by sporting organisations](https://www.mullinslawyers.com.au/resources/collection-of-athlete-data-by-sporting-organisations/) - Data has always been used in sport in unsophisticated ways, but the difference in today’s world is the type of data and how it is being used.Most Australian professional sporting leagues, associations and clubs fall under the realm of the Privacy Act 1988 (Cth) (the Act), and many smaller sporting organisations and clubs who are
- [Law changes for incorporated associations - grievance procedure](https://www.mullinslawyers.com.au/resources/law-changes-for-incorporated-associations-grievance-procedure/) - Rolled out in stages over the past three years, there have been a series of amendments to the Associations Incorporation Act 1981 (Qld) (the Act), with incorporated associations in Queensland now awaiting the impending regulation changes due to commence in 2023.These regulation changes are to include the development of a model rule grievance procedure.The Act
- [Policies surrounding transgender athletes](https://www.mullinslawyers.com.au/resources/policies-surrounding-transgender-athletes/) - The world of sport is moving rapidly to seek to make policy to address dealing with transgender athletes.The International Olympic Committee (IOC) determined that it was up to individual sports to determine their transgender policies, stating that they would not promulgate a policy across Olympic sports. As a result, sports are being forced to introduce
- [Understanding WorkCover Premiums](https://www.mullinslawyers.com.au/resources/understanding-workcover-premiums/) - While premium impact is likely not the first thing employers consider when a new workers’ compensation claim is made, it is an important aspect of the WorkCover process that should be understood. We are often asked when investigating and responding to damages claims, ‘How is this going to impact my premium?’Helpfully, WorkCover Queensland recently hosted
- [Closing your Bowls Club's Gaming Room - What are the steps?](https://www.mullinslawyers.com.au/resources/closing-your-bowls-clubs-gaming-room-what-are-the-steps/) - As featured in the June edition of Bowler Magazine Gaming Clubs have become adept at ensuring their gaming rooms can remain operational with minimal disruption during renovation works. However, there may be occasions when a gaming licensee needs to close down their gaming room for an extended period or permanently, for reasons such as the
- [Streamlined Pathway to Australian Citizenship for Eligible New Zealand Citizens](https://www.mullinslawyers.com.au/resources/streamlined-pathway-to-australian-citizenship-for-eligible-new-zealand-citizens/) - Prime Minister Anthony Albanese, Minister for Home Affairs Clare O’Neil, and Minister for Immigration, Citizenship and Multicultural Affairs, Andrew Giles, announced a new direct pathway to Australian Citizenship for eligible New Zealand citizens this week.For so long New Zealand citizens have languished in Australia on 444 or Special Category Visas (SCV’s); indefinite visas without expiry
- [Planning for success at your next event](https://www.mullinslawyers.com.au/resources/planning-for-success-at-your-next-event/) - As featured in the latest edition of the QHA Magazine If you are considering holding an event where you will be supplying liquor, but cannot accommodate for or prefer to hold this event at premises which are not part of the licensed area under your liquor licence, you will need to obtain a permit for
- [Off-site Catering Services](https://www.mullinslawyers.com.au/resources/off-site-catering-services/) - As featured in the latest edition of QHA Magazine It is possible for hotels to earn very good money by providing catering services away from its primary licensed venue, and you may be considering the provision of catering off-site to financially boost your hotel business and expand its range of services. The type of catering
- [Key construction contract dispute issues for Clubs in Queensland](https://www.mullinslawyers.com.au/resources/key-construction-contract-dispute-issues-for-clubs-in-queensland/) - As featured in the latest edition of Clubs Qld Magazine In our previous article, we outlined that we have seen Clubs in Queensland undertaking large scale renovations of existing premises or building new facilities. At the same time, we have also seen an increase in construction contract disputes in both Clubs and the general building
- [Assessing your Club's Solvency and Reducing Future Risk](https://www.mullinslawyers.com.au/resources/assessing-your-clubs-solvency-and-reducing-future-risk-2/) - As featured in the latest edition of Bowler Magazine Are you finding it hard to keep your Club financially afloat? Determining whether your Club is facing significant financial problems or just experiencing a temporary cash shortage can be challenging. If you suspect that the warning signs suggest a more severe financial issue, it’s crucial to
- [<strong>Navigating Club Mergers: A Guide to Legal and Financial Due Diligence</strong>](https://www.mullinslawyers.com.au/resources/navigating-club-mergers-a-guide-to-legal-and-financial-due-diligence/) - As featured in the latest edition of Bowler Magazine Club mergers have become increasingly common in recent years, with many clubs looking to join forces to increase their resources, membership base, and overall success. While there are many cultural and strategic considerations involved in merging with another club, it’s also important to conduct thorough legal
- [<strong>Tips to Recognise and Prevent Workplace Violence</strong>](https://www.mullinslawyers.com.au/resources/tips-to-recognise-and-prevent-workplace-violence/) - I hope you have been enjoying Mullins Lawyers’ regular bulletins to employers and people working in the insurance industry. In the last 20 years, we have published 332 articles on cases, legislation, and general observations relevant to workers’ compensation.Workplace violence is closely linked to mental health which is becoming an increasing focus for employers, especially
- [Tips for Managing your Club's Social Media Channels](https://www.mullinslawyers.com.au/resources/tips-for-managing-your-clubs-social-media-channels/) - As featured in the latest edition of the Clubs Qld Magazine Social media can be a useful tool for Clubs to promote their premises and the services they have to offer to their members and the wider community. It can be used to track engagement and interest, and help Clubs determine predicted success of events
- [Protox gets under the skin of Botox](https://www.mullinslawyers.com.au/resources/protox-gets-under-the-skin-of-botox/) - The High Court recently decided that although BOTOX is a brand which is well known and recognised by most Australians, its trade marks and other legal rights were not infringed through the use of a rival product ‘PROTOX’ nor through Protox’s use of the phrase “instant Botox® alternative”.The court delivered important messages in its judgement
- [Looking to extend your venue's trading hours?](https://www.mullinslawyers.com.au/resources/looking-to-extend-your-venues-trading-hours/) - As featured in the latest edition of the QHA Magazine As the new year gets well and truly underway, you may be considering your venue’s events calendar and the different functions that you are wanting to hold for your patrons through the year. As you know, your licensed venue is subject to specific trading hours
- [Catering Agreements: Ensuring your Clubs' needs are catered to](https://www.mullinslawyers.com.au/resources/catering-agreements-ensuring-your-clubs-needs-are-catered-to/) - As featured in the latest edition of Bowler Magazine With the quality of food offerings being an important consideration for Bowls Clubs looking to attract and retain business, it is becoming increasingly common for Bowls Clubs to outsource some or all of their venues’ catering responsibilities to third-party caterers. Commonly Bowls Clubs may engage a
- [Should hosts be liable for the thoughtless actions of a guest - Part Two](https://www.mullinslawyers.com.au/resources/should-hosts-be-liable-for-the-thoughtless-actions-of-a-guest-part-two/) - In June 2022, the Supreme Court of Rockhampton delivered a decision in the matter of Dearden v Ryan & Anor, finding the occupiers of the property owed a duty of care to persons who were on their property, but suffered injury as a result of the criminal actions of a third party. Our review of
- [When Private Conversations should be made Public](https://www.mullinslawyers.com.au/resources/when-private-conversations-should-be-made-public/) - Organisations should take steps now to address the sweeping changes which will be made in the coming months when the Federal Government implements major reforms to the Privacy Act.With the Government suffering embarrassment as a result of its perceived lack of action and failure to hold organisations accountable in the wake of high-profile breaches by
- [Hotel Financing 101: Registering and Releasing Securities](https://www.mullinslawyers.com.au/resources/hotel-financing-101-registering-and-releasing-securities/) - For business owners looking to finance the acquisition or refurbishment of their hotel, there are many different courses of action to take. Most require a form of security to secure the debt against the borrower, which can come in the form of personal or business assets, real property, or a combination. Managing Partner, Curt Schatz breaks down the process of hotel financing in the most recent edition of the QHA Magazine.
- [<strong>SENATE INQUIRY INTO CONCUSSIONS AND REPEATED HEAD TRAUMA IN CONTACT SPORTS – BRISBANE PUBLIC HEARING</strong>](https://www.mullinslawyers.com.au/resources/senate-inquiry-into-concussions-and-repeated-head-trauma-in-contact-sports-brisbane-public-hearing/) - This week, Mullins Lawyers attended the second public hearing before the Senate Committee, tasked with the inquiry and report into concussions and repeated head trauma in contact sports.A range of witnesses made submissions and presented at the hearing, including academics, medical experts, lawyers, education groups, and ex-athletes.Key discussion and commentary over the course of this
- [<strong>Being investigated by the OLGR: What are the disclosure obligations?</strong>](https://www.mullinslawyers.com.au/resources/being-investigated-by-the-olgr-what-are-the-disclosure-obligations-2/) - As featured in the January edition of Bowler Magazine As bowls clubs prepare for the new year, they may face investigation by the Office of Liquor and Gaming Regulation (OLGR) assessing compliance with Queensland’s liquor and gaming legislation. This article explains the rights and obligations of bowls clubs and staff when approached by the OLGR
- [What to consider when acquiring a second premises](https://www.mullinslawyers.com.au/resources/what-to-consider-when-acquiring-a-second-premises/) - As featured in the Clubs Magazine Over the last 24 or so months, we have seen several Clubs expand their operations by opening secondary sites. Often, this occurs when a larger Club purchases the land and business of another smaller Club. This article examines the considerations and processes involved for Clubs acquiring additional premises.Benefit to
- [WorkCover Fraud: A case study](https://www.mullinslawyers.com.au/resources/workcover-fraud-a-case-study/) - On the advice of Mullins Lawyers, WorkCover Queensland referred a worker to the Office of Industrial Relations (OIR) in relation to fraud offences. The OIR decided to prosecute the worker, and the worker ultimately pleaded guilty in the Magistrates Court in Townsville to Fraud and Attempted Fraud offences. The worker was sentenced to 15 months imprisonment (wholly suspended for 30 months), and was ordered to pay restitution to WorkCover Queensland and the OIR. In this article David Isaac, Senior Associate, and Cameron Seymour, Partner, discuss the case and lessons for employers
- [Lawyers' Site Inspections](https://www.mullinslawyers.com.au/resources/lawyers-site-inspections/) - When acting for Workers' Compensation Insurers, it is not unusual for Mullins Lawyers to attend the employer's premises to investigate first-hand if and how an injurious incident occurred. It is also not unusual for Claimants to describe a version of the event causing injury that the employer disputes, and on those occasions, it can be beneficial for one of our lawyers to attend the employer's premises and examine the system of work. Partner, Cameron Seymour reviews the usefulness of site inspections to both clarify the circumstances of an event and assist with potentially rectifying workplace systems.
- [<strong>Your guide to Trading Hours during the Holiday Period  </strong>](https://www.mullinslawyers.com.au/resources/elementor-1798/) - As Bowls Clubs prepare for a variety of functions and festivities during the Christmas and New Year period, we thought it was timely for a quick reminder on the trading restrictions. While your Bowls Club is approved for certain trading hours every day, your liquor licence specifically states that this excludes Christmas Eve, Christmas Day, and New Year’s Eve.
- [Sticks and Stones](https://www.mullinslawyers.com.au/resources/sticks-and-stones/) - Football Codes, particularly regarding bodily contact, have evolved remarkably over time, weeding out intentional physical contact and the like from acceptance within the sport. Players' well-being and social change are partially to thank; however, codes have since evolved to include offensive language, leaving what constitutes an offensive comment and who will be enforcing the consequences of said conduct ill-defined.
- [Sport & Climate Action](https://www.mullinslawyers.com.au/resources/sport-climate-action/) - Sport and the climate aren't two words we would once upon a time expect to be used in the same sentence. Recently, however, environmental issues have propelled to the forefront of Australian sport, with the leveraging of the sports industry to positively influence climate change issues starting to become increasingly prevalent both nationally and internationally.
- [Reporting obligations under the National Integrity Framework](https://www.mullinslawyers.com.au/resources/reporting-obligations-under-the-national-integrity-framework/) - Currently, over 80 sports have signed up to the National Integrity Framework (NIF) via their national sporting organisation (NSO). With this registration comes responsibilities that many member and affiliate sporting entities may not be fully aware of, such as Sport Integrity Australia's (SIA) reporting requirements. Those entities should familiarise themselves with their NSO's policies and the policies present on SIA's website to be fully informed of their obligations.
- [Advertising Liquor Promotions During the Holiday Period](https://www.mullinslawyers.com.au/resources/advertising-liquor-promotions-during-the-holiday-period/) - Given we are in the festive period, we thought it would be a timely reminder to recap the rules on advertising and promoting alcohol at Bowls Clubs.
- [Concussion in Sport - Developments](https://www.mullinslawyers.com.au/resources/concussion-in-sport-developments/) - Earlier this year in the Victorian Supreme Court, former Richmond player Ty Zantuck won the right to sue Richmond Football Club for compensation over debilitating back and brain injuries, successfully arguing an exception to the statute of limitations relating to injuries. This landmark decision forecasts heavily scrutinised reviews of the existing concussion management protocols in Australian sport, currently a trending topic in sports law.
- [Spotlight thrown on Key IP Agreements](https://www.mullinslawyers.com.au/resources/spotlight-thrown-on-key-ip-agreements/) - Spotlight thrown on Key IP Agreements: February 2019A common mistake when acquiring a product is to assume that because you have paid for it then you own the IP rights. Often that is not the case and I have seen a number of examples of people finding that out too late. One of the first
- [Part 2 - Queensland government provides certainty for landlords and tenants: Dispute resolution processes](https://www.mullinslawyers.com.au/resources/part-2-queensland-government-provides-certainty-for-landlords-and-tenants-dispute-resolution-processes/) - Further to our article titled Part 1 – Queensland government provides certainty for landlords and tenants: Leasing applicability and negotiation principles where we noted, on 28 May 2020, the Queensland Government released the long awaited Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 (the Regulation).The purpose of the Regulation is to
- [Further easing of lockdown restrictions for Queensland retirement villages](https://www.mullinslawyers.com.au/resources/further-easing-of-lockdown-restrictions-for-queensland-retirement-villages/) - Since midday on 1 June 2020, Queenslanders have been enjoying further relaxations from COVID-19 restrictions. These measures were bought forward by almost two weeks, thanks to the community’s diligence in observing social distancing requirements. Also, from 5 June 2020 onwards, the Chief Health Officer commenced approving a number of Industry COVID Safe Plans, allowing an
- [Trade mark lost in translation](https://www.mullinslawyers.com.au/resources/trade-mark-lost-in-translation/) - An increasing number of Australian businesses are moving with the global economy and doing business offshore. For some, that involves seeking a greater presence in the Chinese market. One of the first issues to consider when moving into another market is how your business is to be positioned or promoted, whether it relies on any
- [The impacts of COVID-19 on employers of sponsored workers](https://www.mullinslawyers.com.au/resources/the-impacts-of-covid-19-on-employers-of-sponsored-workers/) - As seen on the Queensland Hotels Association website on 2 April 2020.With the effects of COVID-19 causing significant disruptions to Australian businesses, employers are looking at every option from scaling down operations, to stand downs and even redundancy. As an employer of visa holders, you will also need to consider the impacts of COVID-19 on
- [Banks to provide relief for landlords and businesses](https://www.mullinslawyers.com.au/resources/banks-to-provide-relief-for-landlords-and-businesses/) - By now many of you will have received Fiona Sears’ Legal Alert titled Prime Minister sets out commercial leasing principles to assist landlords and tenants, which summarises the key points from Scott Morrison’s press conference last night relating to commercial leasing agreements.Following the announcement, the Australian Banker’s Association issued a press release this morning headed
- [Making the switch – Part 1: pros and cons of a Company Limited by Guarantee](https://www.mullinslawyers.com.au/resources/making-the-switch-part-1-pros-and-cons-of-a-company-limited-by-guarantee/) - As featured in the October/November edition of Clubs Queensland’s Club Insight magazine.One question we get asked quite often by clubs is whether they should make the switch from an Incorporated Association (“Association”) to a Company Limited by Guarantee (“CLG”). As most of you would be aware, Associations are registered under the Associations Incorporation Act 1981
- [What does the easing of lockdown restrictions mean for my retirement village?](https://www.mullinslawyers.com.au/resources/what-does-the-easing-of-lockdown-restrictions-mean-for-my-retirement-village/) - Queensland’s Chief Health Officer has issued new public health directions winding back some of the restrictions previously imposed to contain the spread of COVID-19.In our last article on this topic (titled ‘Impacts of COVID-19 on your retirement village’), we examined the public health directions in place as at 15 April 2020. These directions have since
- [Part 1 - Queensland government provides certainty for landlords and tenants: Leasing applicability and negotiation principles](https://www.mullinslawyers.com.au/resources/part-1-queensland-government-provides-certainty-for-landlords-and-tenants-leasing-applicability-and-negotiation-principles/) - On 28 May 2020, the Queensland Government released the long awaited Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 (the Regulation).The purpose of the Regulation is to give effect to the Commonwealth Government’s National Cabinet Mandatory Code of Conduct and to establish a process for resolving disputes between parties during the
- [Retail and Commercial Leasing Regulations – COVID-19](https://www.mullinslawyers.com.au/resources/retail-and-commercial-leasing-regulations-covid-19/) - The Queensland Government has issued the long-awaited regulations relating to rent relief for retail shop leases and commercial leases to SMEs during the COVID-19 pandemic.This article is a snapshot of the Regulations. For more detailed discussions, you can read our articles titled Part 1 – Queensland government provides certainty for landlords and tenants: Leasing applicability
- [Notifiable Data Breaches scheme - what your business needs to know](https://www.mullinslawyers.com.au/resources/notifiable-data-breaches-scheme-what-your-business-needs-to-know/) - I doubt that many of us would have envisaged the advances in technology which we have seen over the last 30 years. In 1988, phones were not smart (they were still fixed to landlines), personal computers were in their infancy and relied on dots for graphics, and alternative media meant it was necessary to get
- [New Queensland retirement village forms and Regulation released](https://www.mullinslawyers.com.au/resources/new-queensland-retirement-village-forms-and-regulation-released/) - On 30 November 2018, the long-awaited new prescribed disclosure forms for Queensland retirement villages – and the new Regulation which supports them – were released by the Department of Housing and Public Works (Department). The new forms, Regulation and associated legislative amendments will commence operation on1 February 2019.The new forms released are:Form 2 – Application
- [Update – Rollout of changes to the Queensland Retirement Villages Act](https://www.mullinslawyers.com.au/resources/update-rollout-of-changes-to-the-queensland-retirement-villages-act/) - The long awaited announcement of the commencement date for the next round of amendments to the Retirement Villages Act 1999 (Qld) (the RV Act) was proclaimed late last week. The next round of changes, which will impact every Queensland retirement village, is set to take effect on 1 February 2019.We have summarised the changes contained
- [The Phoenix is falling - further reforms to protect Australia’s tax base](https://www.mullinslawyers.com.au/resources/the-phoenix-is-falling-further-reforms-to-protect-australias-tax-base/) - Illegal phoenix activity refers to the creation of new companies to continue running the previous business or businesses of deliberately wound up companies, to avoid paying their outstanding debts. The Australian economy is significantly affected by this issue, with the specially created Phoenixing Taskforce estimating that in 2015-2016, the problem cost between $2.85 billion and
- [Update - Timeline announced for changes to the Retirement Villages Act](https://www.mullinslawyers.com.au/resources/update-timeline-announced-for-changes-to-the-retirement-villages-act/) - The long-awaited timeline for implementation of the recent Retirement Villages Act 1999 (Qld) (the RV Act) changes is finally here. This is welcome news, as the uncertainty over timing has been a source of concern for many operators, impacting their operational and strategic decision-making.The Housing Legislation (Building Better Futures) Amendment Act 2017 (Qld) was passed
- [Update – Changes to the Retirement Villages Act receive royal assent](https://www.mullinslawyers.com.au/resources/update-changes-to-the-retirement-villages-act-receive-royal-assent/) - The Housing Legislation (Building Better Futures) Amendment Bill 2017 (the Bill), passed by the Queensland Parliament on 25 October 2017, received royal assent on 10 November 2017. While some of the changes to the Retirement Villages Act 1999 (Q) (RV Act) commenced on that date, the majority will not commence until a date yet to
- [Retirement Villages Act changes passed by Parliament](https://www.mullinslawyers.com.au/resources/retirement-villages-act-changes-passed-by-parliament/) - On 25 October 2017, the Queensland Parliament passed the Housing Legislation (Building Better Futures) Amendment Bill 2017 (the Bill), which amends a number of Acts including the Retirement Villages Act 1999 (Q) (RV Act). While some amendments were made to the original version of the Bill, these were mainly either minor changes or designed to
- [Your Guide to the major changes proposed to the Retirement Villages Act 1999 (Q)](https://www.mullinslawyers.com.au/resources/your-guide-to-the-major-changes-proposed-to-the-retirement-villages-act-1999-q/) - The Housing Legislation (Building Better Futures) Amendment Bill 2017 (the Bill) proposes major changes to the Retirement Villages Act 1999 (Q) (RV Act) that will affect every retirement village operator in Queensland. The Bill has been referred to the Public Works and Utilities Committee for detailed consideration. The Committee is due to report by 28
- [Tenants beware! Effect of default on entitlement to option to renew](https://www.mullinslawyers.com.au/resources/tenants-beware-effect-of-default-on-entitlement-to-option-to-renew/) - A recent decision of the Court of Appeal has reiterated the need for a tenant to ensure compliance with the lease terms at all times, including after the tenant has exercised an option to renew, to preserve its right to the new term.Grepo & Anor v Jam-Cal Bundaberg Pty Ltd [2015] QCA 131In this case,
- [How Will the Superannuation Guarantee Increase Affect Employers of Sponsored Workers?](https://www.mullinslawyers.com.au/resources/how-will-the-superannuation-guarantee-increase-affect-employers-of-sponsored-workers/) - The Superannuation Guarantee (SG) is due to increase to 10% on 1 July 2021 – being an increase of 0.5% from the current 9.5%. How does this affect employers of sponsored workers?
- [Key Considerations for Managing and Protecting Your Volunteer Workforce](https://www.mullinslawyers.com.au/resources/key-considerations-for-managing-and-protecting-your-volunteer-workforce/) - Like most grassroots sporting organisations, Bowls Clubs are often reliant on the contributions of volunteers.
- [The Crackdown on Money Laundering and Terrorism Financing in Pubs and Clubs](https://www.mullinslawyers.com.au/resources/the-crackdown-on-money-laundering-and-terrorism-financing-in-pubs-and-clubs/) - Earlier this year, AUSTRAC, Australia's anti-money laundering and counter-terrorism financing ("AML/CTF") regulator, started an awareness campaign focused on the importance of anti-money laundering, combating the financing of terrorism, and completing compliance assessments.
- [Advertising Alcohol Specials This Festive Season](https://www.mullinslawyers.com.au/resources/advertising-alcohol-specials-this-festive-season/) - It's the most wonderful time of the year, which means popping the bubbles and visiting some of your favourite clubs for a very merry soiree!
- [2021 IOC Guidelines on Transgender Sport Released](https://www.mullinslawyers.com.au/resources/2021-ioc-guidelines-on-transgender-sport-released/) - In November 2021, the IOC issued updated guidelines aimed at influencing the rules adopted by international federations in relation to gender-transitioned and intersex athletes.
- [You Can Now Defame People via Social Media, Without Saying Anything](https://www.mullinslawyers.com.au/resources/you-can-now-defame-people-via-social-media-without-saying-anything/) - Organisations should be critically reviewing their social media strategies following the High Court judgement in Fairfax Media Publications v Voller, which many have referred to as a landmark decision, handed down last week.
- [Titles Registry Update – No More Paper Certificates of Title](https://www.mullinslawyers.com.au/resources/titles-registry-update-no-more-paper-certificates-of-title/) - The Land Title Act 1994 has been amended so that, from 1 October 2019, paper Certificates of Title (CTs) will become an item of historic or sentimental value only and will have no legal effect. As is currently the case, the electronic title held in the Titles Registry will continue to be the point of
- [First mandatory buy-backs for retirement village units commence in May 2019](https://www.mullinslawyers.com.au/resources/first-mandatory-buy-backs-for-retirement-village-units-commence-in-may-2019/) - The deadlines for retirement village operators to complete their first mandatory buy-backs under the Retirement Villages Act 1999 (Qld) (the Act) fall in May 2019. It is therefore timely to revisit these requirements as a reminder to operators of their obligations.After the Act was amended in November 2017, uncertainty remained as to whether the mandatory
- [Can a worker claim damages without making a compensation claim?](https://www.mullinslawyers.com.au/resources/can-a-worker-claim-damages-without-making-a-compensation-claim/) - Employers often ask us whether a worker can claim for damages if they haven’t filed a compensation claim. Many employers are surprised to hear that the answer is “yes”. Below are answers to seven Frequently Asked Questions on the topic, to ensure you aren’t surprised by a worker’s claim for damages.Question: Why
- [Middleton: A lesson in the importance of estate planning advice](https://www.mullinslawyers.com.au/resources/middleton-a-lesson-in-the-importance-of-estate-planning-advice/) - The recent decision of In the estate of Edward Steven Middleton (deceased) [2019] QSC 128 (Middleton) demonstrates the importance of seeking legal advice whenever your testamentary wishes change to help ensure your final wishes are met. In this case, despite a clear final wish to benefit his daughter and despite having made two Wills in
- [What are the rules for selling food and non-liquor items in detached bottle shops and liquor barns?](https://www.mullinslawyers.com.au/resources/what-are-the-rules-for-selling-food-and-non-liquor-items-in-detached-bottle-shops-and-liquor-barns/) - As seen in the July edition of the QHA Review.The Liquor Act states that a licensee must not conduct any business on a licensed premises other than the hotel business authorised by the liquor licence. The Act also prohibits the grant of a licence for a premises to be used primarily as a supermarket. So
- [Next round of changes to the Queensland Retirement Villages Act](https://www.mullinslawyers.com.au/resources/next-round-of-changes-to-the-queensland-retirement-villages-act/) - Further changes to the Queensland Retirement Villages Act will commence on 11 November 2019. While some of these amendments will have an immediate impact, others will have no practical effect until associated Regulations and/or approved forms are made.BackgroundThe Housing Legislation (Building Better Futures) Amendment Act 2017 (Q) (HLAA) received royal assent on 10 November 2017
- [Impacts of COVID-19 on your retirement village](https://www.mullinslawyers.com.au/resources/impacts-of-covid-19-on-your-retirement-village/) - The COVID-19 pandemic has required extensive changes to the way we live. Containment measures take on additional importance in seniors communities such as retirement villages, where elderly populations live in close proximity to one another.In the early stages of the outbreak, Government restrictions on social and business activities were rapidly superseded by more stringent restrictions.
- [Senior drivers: medical certificate changes due to COVID-19](https://www.mullinslawyers.com.au/resources/senior-drivers-medical-certificate-changes-due-to-covid-19/) - In response to the COVID-19 pandemic, the Queensland Government has changed its requirements regarding medical certificates for drivers aged 75 and above (senior drivers). The purpose of the changes is to minimise risk to the health and safety of senior drivers, by avoiding the need for them to visit their doctor or optometrist to renew
- [CHANGES TO FLU VAX REQUIREMENT FOR QUEENSLAND AGED CARE FACILITIES](https://www.mullinslawyers.com.au/resources/changes-to-flu-vax-requirement-for-queensland-aged-care-facilities/) - Queensland’s Chief Health Officer (CHO) has resolved the inconsistency between State and Commonwealth requirements for persons entering a residential aged care facility to have had an influenza vaccination.By media statement dated 18 March 2020, the Commonwealth Government declared that all visitors and staff (including visiting workers) to a residential aged care facility should not be
- [Update – Industry Code for Visiting Residential Aged Care Homes during COVID-19 commences](https://www.mullinslawyers.com.au/resources/update-industry-code-for-visiting-residential-aged-care-homes-during-covid-19-commences/) - In our last article on this topic (available here), we explained the background to the new Code, as well as the issues the aged care industry is facing in managing visitors during this unprecedented time.The Industry Code for Visiting Residential Aged Care Homes during COVID-19 (the Code) was finalised and commenced on Monday, 11 May
- [Exit payments to deceased estates - a procedural health check for retirement villages and aged care facilities](https://www.mullinslawyers.com.au/resources/exit-payments-to-deceased-estates-a-procedural-health-check-for-retirement-villages-and-aged-care-facilities/) - When a resident’s agreement for occupancy of a retirement village unit or residential aged care room ends, the operator must typically pay an exit entitlement or refundable deposit balance (exit payment). Where the resident has passed away, the exit payment is payable to the deceased’s estate.When dealing with a deceased estate, it is critical that
- [Retail & Commercial Rent Relief now formally extended](https://www.mullinslawyers.com.au/resources/retail-commercial-rent-relief-now-formally-extended/) - You will all recall our earlier e-Alert regarding the Queensland Government’s announcement that the end date for the Regulations governing COVID-19 rent relief for commercial and retail leases would be extended to 31 December 2020.The Regulations have now been amended and as announced, rent relief is now available for tenants for the period commencing 1 October
- [QR Codes: Friend or Foe?](https://www.mullinslawyers.com.au/resources/qr-codes-friend-or-foe/) - It was widely acknowledged that paper-based contact tracing registers were problematic insofar as maintaining the customers' privacy. The
- [What to Cater for in Your Catering Agreement](https://www.mullinslawyers.com.au/resources/what-to-cater-for-in-your-catering-agreement/) - More and more Clubs are outsourcing some or all of their catering responsibilities to third-party caterers.
- [Need to Know Now: Legislative Reforms for Incorporated Associations](https://www.mullinslawyers.com.au/resources/need-to-know-now-legislative-reforms-for-incorporated-associations/) - In November 2019, the Queensland Government proposed amendments to the legislation governing incorporated associations aimed at reducing red tape and improving internal governances.
- [The Art of Discounting: Assessing Past and Future Economic Loss](https://www.mullinslawyers.com.au/resources/the-art-of-discounting-assessing-past-and-future-economic-loss/) - Daniel Peebles (the Plaintiff) worked as a truck driver. He injured his back during the course of his employment, and at the end of 2014, he became permanently unable to work because of the injury.camer
- [Changes to Casual Employment – What You Need to Know](https://www.mullinslawyers.com.au/resources/changes-to-casual-employment-what-you-need-to-know/) - The Fair Work Act 2009 (Cth) (FW Act) was recently amended which significantly impacts workplace rights and obligations for casual employees throughout Australia.
- [Native Title and Bowls Club Leases](https://www.mullinslawyers.com.au/resources/native-title-and-bowls-club-leases/) - Many of the Bowls Clubs that we act for occupy their clubhouse and bowls greens under a lease of property situated on Crown Land, which may be administered by the local Council or by a State Government Department (State Lease).
- [Due Diligence for Club Mergers](https://www.mullinslawyers.com.au/resources/due-diligence-for-club-mergers/) - Over the past few years there has been an increase in the number of clubs involved in mergers and acquisitions.
- [Changes to Casual Employment: What Do They Mean for Your Club?](https://www.mullinslawyers.com.au/resources/changes-to-casual-employment-what-do-they-mean-for-your-club/) - The Fair Work Act 2009 (Cth) was recently amended, affecting workplace rights and obligations for casual employees throughout Australia.
- [New Legislation Makes It Quicker and Easier for First Responders Suffering From PTSD to Receive Treatment and Compensation](https://www.mullinslawyers.com.au/resources/new-legislation-makes-it-quicker-and-easier-for-first-responders-suffering-from-ptsd-to-receive-treatment-and-compensation/) - The Queensland Parliament amended the Workers Compensation & Rehabilitation Act 2003 (the Act) so that, from that day forward, first responders suffering from PTSD have a quicker and easier pathway to access treatment.
- [New Child Sex Offence Laws for Sporting Clubs](https://www.mullinslawyers.com.au/resources/new-child-sex-offence-laws-for-sporting-clubs/) - Strengthened child sexual offence reporting and protection laws come into effect on Monday, 5 July 2021.
- [Planet Plumbing's Trade Mark Rights Washed Away](https://www.mullinslawyers.com.au/resources/planet-plumbings-trade-mark-rights-washed-away/) - In another example of the fluid nature of trade mark rights, the trade marks office has hosed out registrations which were previously held by Planet Plumbing.
- [How to Ensure Compliance With New Minimum Wage and Superannuation Obligations](https://www.mullinslawyers.com.au/resources/how-to-ensure-compliance-with-new-minimum-wage-and-superannuation-obligations/) - If you've not done so already, there has never been a more important time for your Bowls Club or business to review your employment arrangements.
- [Operating Authorities: A Balancing Act](https://www.mullinslawyers.com.au/resources/operating-authorities-a-balancing-act/) - The maximum number of EGMs allowed under a Gaming Machine Licence (Licence) depends on the type of venue being operated.
- [Licensed Trading Hours: A Recap](https://www.mullinslawyers.com.au/resources/licensed-trading-hours-a-recap/) - As Queensland's economic recovery from the initial COVID outbreak continues, we have observed that a number of clubs are experiencing a sustained increase in trade.
- [Industry Trends and the Current State of the Market](https://www.mullinslawyers.com.au/resources/industry-trends-and-the-current-state-of-the-market/) - No doubt many of you will have seen the media's frequent coverage of the residential property market boom we are experiencing in Queensland (and particularly in Southeast Queensland).
- [Changes to the Travel Exemptions Effective 11 August 2021 Will Affect Aussies Currently Living Abroad](https://www.mullinslawyers.com.au/resources/changes-to-the-travel-exemptions-effective-11-august-2021-will-affect-aussies-currently-living-abroad/) - Australia's borders are currently closed, with international travel strictly controlled to help prevent the spread of COVID-19, and entry to and from Australia is only permitted for travellers who are exempt.
- [Assessing Your Club’s Solvency and Reducing Future Risk](https://www.mullinslawyers.com.au/resources/assessing-your-clubs-solvency-and-reducing-future-risk/) - Is your club struggling to make ends meet? It is often difficult to know whether your club is in serious trouble or just temporarily short on cash.
- [Important Considerations When Planning to Expand or Renovate Your Club](https://www.mullinslawyers.com.au/resources/important-considerations-when-planning-to-expand-or-renovate-your-club/) - Expanding or renovating your club is an exciting project that can bring with it a number of benefits.
- [What Are Reasonable Conditions for Medical Examinations?](https://www.mullinslawyers.com.au/resources/what-are-reasonable-conditions-for-medical-examinations/) - When a person is injured and claims damages for that injury, they will be required to undergo a medical examination.
- [Two Questions to Help You 'Start the Conversation' of Estate Planning](https://www.mullinslawyers.com.au/resources/two-questions-to-help-you-start-the-conversation-of-estate-planning/) - In this article we break down two important decisions you will need to make when making a Will: who will be your executor/s and who will be your beneficiaries?
- [Refusing Entry to Patrons Who Won't Wear Masks](https://www.mullinslawyers.com.au/resources/refusing-entry-to-patrons-who-wont-wear-masks/) - With government health directions coming and going, many of our pub and hotel clients have asked us whether they can refuse entry to someone for not wearing a mask.
- [Is Your Club Covered in the Event of a Fire?](https://www.mullinslawyers.com.au/resources/is-your-club-covered-in-the-event-of-a-fire/) - There are few things as unpredictable and as devastating as fire, and whilst it is probably not the first thing you think of when de-risking your club, it is certainly something you want to be prepared for should it happen to you.
- [Further Changes to Governance Requirements for Incorporated Associations](https://www.mullinslawyers.com.au/resources/further-changes-to-governance-requirements-for-incorporated-associations/) - Changes will affect most bowls clubs in Queensland, as the majority are incorporated associations.
- ['COVID' Clauses – Do You Need Them?](https://www.mullinslawyers.com.au/resources/covid-clauses-do-you-need-them/) - The virality of Covid has made business operations near impossible to predict, requiring businesses, particularly in the hospitality industry, to implement reactive measures to stay afloat.
- [Your Guide to Christmas and New Year's Trading Hours](https://www.mullinslawyers.com.au/resources/your-guide-to-christmas-and-new-years-trading-hours/) - We thought it was timely for a quick reminder on the Christmas and New Year's trading restrictions under the Liquor Act.
- [Is Your Club's CCTV Compliant?](https://www.mullinslawyers.com.au/resources/is-your-clubs-cctv-compliant/) - With the festive season fast approaching, it is prime time for club owners to consider their CCTV systems and ensure they are compliant
- [New ID Requirement for Directors](https://www.mullinslawyers.com.au/resources/new-id-requirement-for-directors/) - All company directors will soon be required to verify their identity via a unique “Director Identification Number”.
- [The Importance of 'Procedural Fairness' When Disciplining Employees](https://www.mullinslawyers.com.au/resources/the-importance-of-procedural-fairness-when-disciplining-employees/) - In this article, we discuss the importance of conducting disciplinary proceedings in a fair and reasonable way and provide key take-aways for employers on how to do this.
- [Can Your Business Impose a Mandatory Covid-19 Vaccination Policy?](https://www.mullinslawyers.com.au/resources/can-your-business-impose-a-mandatory-covid-19-vaccination-policy/) - There is no doubt that as Australia moves from elimination to suppression of COVID-19, employers are justifiably grappling with the question as to what extent must they insist upon employees being fully vaccinated in order to continue in their employment.
- [Do Your Insurance Policies Cover Covid Related Claims?](https://www.mullinslawyers.com.au/resources/do-your-insurance-policies-cover-covid-related-claims/) - employers need to consider their position should an employee contract COVID-19 during the course of their employment and raise a workers' compensation claim.
- [Tax Implications of Related Party Loans](https://www.mullinslawyers.com.au/resources/tax-implications-of-related-party-loans/) - With the beginning of 2022, many pubs or their owners may be considering new loans to pursue opportunities for growth or perhaps assist in managing current economic challenges.
- [OLGR Investigation Powers: What Do You Have to Disclose?](https://www.mullinslawyers.com.au/resources/olgr-investigation-powers-what-do-you-have-to-disclose/) - This article highlights what to expect should your clubs be investigated by the OLGR.
- [Can Damages Be Awarded for Costs Associated With Future Technological Improvements and Needs?](https://www.mullinslawyers.com.au/resources/can-damages-be-awarded-for-costs-associated-with-future-technological-improvements-and-needs/) - The first question most people ask regarding compensation is how much money they can expect to receive. A
- [In the Market to Purchase a Hotel in 2022?](https://www.mullinslawyers.com.au/resources/in-the-market-to-purchase-a-hotel-in-2022/) - This article will highlight some key considerations in preparing to purchase a hotel.
- [Top 5 Property-Related Estate Planning Mistakes](https://www.mullinslawyers.com.au/resources/top-5-property-related-estate-planning-mistakes/) - Here are the top five property-related mistakes, in no particular order, and what you can do about them!
- [New '.AU' Domain Names to Be Introduced and How This Will Impact Your Organisation](https://www.mullinslawyers.com.au/resources/new-au-domain-names-to-be-introduced-and-how-this-will-impact-your-organisation/) - From 24 March 2022, new .au domains will be released, so that shorter domain names will become available.
- [Safeguarding Against the Unexpected](https://www.mullinslawyers.com.au/resources/safeguarding-against-the-unexpected/) - If we have learnt anything by now, it is that we cannot predict the future.
- [Beijing Olympics 2022 – Legal Disputes?](https://www.mullinslawyers.com.au/resources/beijing-olympics-2022-legal-disputes/) - The CAS Ad Hoc Division published decisions on six matters it heard in its Beijing period – none of which related to field of play matters.
- [Superannuation: Not to Be Neglected in Your Estate Plan!](https://www.mullinslawyers.com.au/resources/superannuation-not-to-be-neglected-in-your-estate-plan/) - Superannuation does not automatically form a part of your estate on your death. This is a very strange concept to get our heads around.
- [Considering Conducting a Calcutta Sweep?](https://www.mullinslawyers.com.au/resources/considering-conducting-a-calcutta-sweep/) - Throughout racing carnival season in Australia, many organisations hold Calcutta sweeps, and it is imperative that organisations consider the gaming licence requirements for not-for-profit or charitable competitions and games.
- [Deadline Approaches for .AU Domains](https://www.mullinslawyers.com.au/resources/deadline-approaches-for-au-domains/) - There are still a few weeks for parties who have priority to claim .au domain ownership before the opportunity is lost.
- [Managing Your Club: Guidelines for Management Agreements](https://www.mullinslawyers.com.au/resources/managing-your-club-guidelines-for-management-agreements/) - In the past, it has been standard practice for Clubs to employ a person to manage the day-to-day business of a licensed club. Known generally as 'club managers' or 'secretary managers', these individuals work for only one Club as a salaried employee.
- [Part II – Member Disciplinary Procedures](https://www.mullinslawyers.com.au/resources/part-ii-member-disciplinary-procedures/) - In this article, we focus on the principles you should bear in mind to ensure that disciplinary tribunals are run smoothly and effectively.
- [I Received a Director Penalty Notice. What Should I Do?](https://www.mullinslawyers.com.au/resources/i-received-a-director-penalty-notice-what-should-i-do/) - The ATO has significantly ramped up its debt recovery activity, reportedly issuing 120 Director Penalty Notices (DPNs) a day.
- [The Best Estate Planning Tool for Your Family](https://www.mullinslawyers.com.au/resources/the-best-estate-planning-tool-for-your-family/) - Death is both extraordinary and ordinary; it happens every day, to every person, but each family experiences death and grief in different and unique ways.
- [Key Construction Contract Issues for Clubs in Queensland](https://www.mullinslawyers.com.au/resources/key-construction-contract-issues-for-clubs-in-queensland/) - Recently, we have seen many Clubs in Queensland undertake large scale renovations of existing premises or building new facilities.
- [Mullins CFO and COO Appointed as New ALPMA President](https://www.mullinslawyers.com.au/resources/mullins-cfo-and-coo-appointed-as-new-alpma-president/) - The Australasian Legal Practice Management Association (ALPMA) National Board welcomed Stephen van Dorp as the new President of ALPMA this week
- [Was an injury suffered in the course of employment?](https://www.mullinslawyers.com.au/resources/was-an-injury-suffered-in-the-course-of-employment/) - An injury suffered by a teacher using a rope swing on a school excursion was found not compensable in the recent case of Geraldine Glass v Workers Compensation Regulator [2020] ICQ 001.The teacher (Geraldine Glass) accompanied her students to Vanuatu on a school trip, which had been approved by the International Travel and Advisory Panel
- [Should an employer apologise for causing injury?](https://www.mullinslawyers.com.au/resources/should-an-employer-apologise-for-causing-injury/) - In October we wrote about amendments to the Act which would take effect from 30 October 2019. One of those amendments has been the subject of discussion among employers.The Act was amended to allow an employer to make an “expression of regret” or an “apology” (with each of those terms being separately defined) without those
- [Support and care providers: assessing the risk of injury to workers](https://www.mullinslawyers.com.au/resources/support-and-care-providers-assessing-the-risk-of-injury-to-workers/) - Organisations operating in the care and disability sectors and their workers are often susceptible to being exposed to challenging and potentially aggressive individuals.Employers have a legal duty to their workers to provide and maintain a safe work environment, so far as is reasonably practicable. The fact that the worker is aware of the risk when
- [Detailed investigation defends workers' compensation claim](https://www.mullinslawyers.com.au/resources/detailed-investigation-defends-workers-compensation-claim/) - Acting for a large workers’ compensation insurer, I was advising on a claim for injury by a truck driver involved in a single vehicle rollover.In this case, there was no evidence of any vehicle or road defect, and the driver had pleaded guilty to a traffic offence arising from the incident.The Claimant put forward a
- [A fair result for all parties in workers compensation mining case](https://www.mullinslawyers.com.au/resources/a-fair-result-for-all-parties-in-workers-compensation-mining-case/) - A recent case for my client, a large workers’ compensation insurer, involved the negligent use of a drag line cable at a mine site.There were several issues to work through. The Claimant suffered PTSD following an incident where the drag line cable snapped, however, there were conflicts between the reports of the operator lowering the
- [Full disclosure required by parties in WorkCover claims](https://www.mullinslawyers.com.au/resources/full-disclosure-required-by-parties-in-workcover-claims/) - One of the most important features of personal injury claims in Queensland is that opposing parties must disclose relevant documents to each other, even if a document is harmful to that party’s case. This is colloquially known as the “cards on the table” approach. It is designed to facilitate the early resolution of claims by
- [A reminder about the importance of proving training](https://www.mullinslawyers.com.au/resources/a-reminder-about-the-importance-of-proving-training/) - In the recent decision of Bergin v Queensland Cork & Timber Solutions Pty Ltd [2019] QDC 141, Judge Loury QC DCJ applied the principles set out in sections 305B to 305E of the Workers’ Compensation and Rehabilitation Act 2003 to find an employer did not breach its duty of care.Mr Bergin was employed as a floor
- [Watch this space: recommended amendments to the WCRA under consideration](https://www.mullinslawyers.com.au/resources/watch-this-space-recommended-amendments-to-the-wcra-under-consideration/) - At least every five years, the state government of the day undertakes a review of the Workers Compensation and Rehabilitation Act (the Act). The government consults widely with an array of stakeholders to improve processes, clarify issues and introduce new ideas arising as a result of changing community standards and expectations.The latest review has been
- [Can a worker pursue a claim in one State when an injury occurs in another?](https://www.mullinslawyers.com.au/resources/can-a-worker-pursue-a-claim-in-one-state-when-an-injury-occurs-in-another/) - Many employers in Queensland have employees that are required to work in more than one State, whether because of the nature of the job (i.e. long-haul transport) or because the employer has premises in more than one State. When this is the case, it is important to understand which jurisdiction will apply if a worker
- [Is it a crime to work? A case study of WorkCover fraud](https://www.mullinslawyers.com.au/resources/is-it-a-crime-to-work-a-case-study-of-workcover-fraud/) - On the advice of Mullins, WorkCover Queensland referred a worker pursuing a common law damages claim to the Workers’ Compensation Regulator (the Regulator) for fraud. Recently the worker pleaded guilty to several offences, received a conviction and deferred prison sentence, and was ordered to repay significant costs to both WorkCover Queensland and the Regulator.The worker,
- [Nurse awarded damages after incident involving patient in Emergency Department](https://www.mullinslawyers.com.au/resources/nurse-awarded-damages-after-incident-involving-patient-in-emergency-department/) - In the recent Cairns District Court decision of Armstrong-Waters v State of Queensland [2020] QDC 66 Judge Morzone QC DCJ found that the employer had breached its duty of care to its employee Mr Armstrong-Waters, a 53 year old male registered nurse, who claimed damages for a psychiatric injury and minor physical injuries after an
- [Cleaner trips and loses case – Healy v Logan City Council](https://www.mullinslawyers.com.au/resources/cleaner-trips-and-loses-case-healy-v-logan-city-council/) - All parties bear a risk when a matter is taken to trial. Each party believes the Court will accept their version but the final result can never please all parties. For every winner, there is a loser.Legal principles are generally fairly well established. Personal injuries cases normally turn on particular facts and the interpretation of
- [Court rules against allegations of bullying in pure psychiatric injury case](https://www.mullinslawyers.com.au/resources/court-rules-against-allegations-of-bullying-in-pure-psychiatric-injury-case/) - Ms Robertson (the Plaintiff) was an endorsed enrolled Nurse (EEN) at the Gold Coast Hospital who alleged that her colleagues – most of whom were registered nurses (RNs) – had badgered, bullied and mobbed her at work during 2011 and 2012. The Plaintiff claimed that this caused her a psychiatric injury and consequent loss of
- [Facebook Posts Cause Expert Witness to Change Evidence Mid-trial](https://www.mullinslawyers.com.au/resources/facebook-posts-cause-expert-witness-to-change-evidence-mid-trial/) - Social media posts can be used as key evidence disclosed in Court.
- [Can a Redundancy Be Unreasonable Management Action Taken in an Unreasonable Way?](https://www.mullinslawyers.com.au/resources/can-a-redundancy-be-unreasonable-management-action-taken-in-an-unreasonable-way/) - In order to pursue a statutory claim in Queensland for a psychiatric injury a worker must prove the following.
- [Why You Need to Risk-Assess New or Novel Tasks](https://www.mullinslawyers.com.au/resources/why-you-need-to-risk-assess-new-or-novel-tasks/) - COVID-19 is changing the way businesses operate and in some cases, has resulted in the performance of new or novel tasks.
- [More tips for employers on reducing risk](https://www.mullinslawyers.com.au/resources/more-tips-for-employers-on-reducing-risk/) - In my March 2018 article I wrote about how employers can reduce risk by being aware of “the exception”.There has been much discussion about this and many more examples can be given.A system of work can be generally safe but circumstances may conspire to make a system of work applied in standard circumstances unsafe when
- [Is Bob the Builder liable?](https://www.mullinslawyers.com.au/resources/is-bob-the-builder-liable/) - Consider this scenario:Bob the Builder employs Adam, a young apprentice. Bob directs Adam to use a chisel to clean out some concrete overpour. Bob takes care to provide suitable equipment (gloves, chisel and safety glasses) and instructs Adam to wear the gloves and safety glasses when chiselling out the concrete. Adam signs a Safe Work
- [The “one percenters” in risk management](https://www.mullinslawyers.com.au/resources/the-one-percenters-in-risk-management/) - You may have heard coaches say to their teams “keep doing the one percenters”. This phrase refers to each player focusing on doing the little things right to result in a significantly higher chance of success for the team as a whole. The concept is well known in the sporting word, but it can also
- [Employer liable for workplace assault](https://www.mullinslawyers.com.au/resources/employer-liable-for-workplace-assault/) - The recent Queensland District Court decision of Colwell v Top Cut Foods Pty Ltd [2018] QDC 119 is the latest of a number of decisions in which employers have been found liable in negligence for assaults in the workplace.The plaintiff, Jamie Colwell, was employed by the defendant employer as a knife hand/butcher at its food
- [Lack of secure temporary signage costs Regional Council $300K](https://www.mullinslawyers.com.au/resources/lack-of-secure-temporary-signage-costs-regional-council-300k/) - In the recent decision of Tait v Goondiwindi Regional Council [2019] QDC 208, Judge Jarro DCJ found the Goondiwindi Regional Council (the Council) breached its duty of care by failing to adequately warn road users of dangerous road conditions on a floodway.Ms Tait was injured in a motorcycle accident on 25 September 2016. She was
- [Should Hosts Be Liable for the Thoughtless Actions of a Guest?](https://www.mullinslawyers.com.au/resources/should-hosts-be-liable-for-the-thoughtless-actions-of-a-guest/) - Parents of young adults wanting to hold a party, now have a perfect reason to say no.
- [How employers can minimise risk by being aware of the exception](https://www.mullinslawyers.com.au/resources/how-employers-can-minimise-risk-by-being-aware-of-the-exception/) - Employers these days, even small operations with limited resources, are aware of the need to provide safe systems of work and training in those systems.
- [Responsibility for Injury to Another Party’s Employee](https://www.mullinslawyers.com.au/resources/responsibility-for-injury-to-another-partys-employee/) - The issue of liability for injury sustained by delivery driver Raymond Pocock at a customer's premises was recently considered in the Queensland District Court decision of Pocock v Citi-Steel Pty Ltd [2018] QDC 81.
- [A dark and stormy night: Engeler v State of Queensland [2017]](https://www.mullinslawyers.com.au/resources/a-dark-and-stormy-night-engeler-v-state-of-queensland-2017/) - 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 side
- [Security officer wins against the Cairns Casino](https://www.mullinslawyers.com.au/resources/security-officer-wins-against-the-cairns-casino/) - 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 asymptomatic
- [Liable for an everyday task?](https://www.mullinslawyers.com.au/resources/liable-for-an-everyday-task/) - 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 2017
- [Work injuries: When does the DPI threshold apply?](https://www.mullinslawyers.com.au/resources/work-injuries-when-does-the-dpi-threshold-apply/) - For work injuries suffered from 15 October 2013 to 30 January 2015, a worker who wants to claim damages against their employer must achieve a degree of permanent impairment (DPI) of 6% or more.For injuries suffered over a period of time, the date of the first consultation with a relevant health practitioner artificially determines the
- [The Grape Escape – Teacher fails on liability in slip and fall case](https://www.mullinslawyers.com.au/resources/the-grape-escape-teacher-fails-on-liability-in-slip-and-fall-case/) - Deans v Maryborough Christian Education Foundation Ltd [2018] QDC 123The plaintiff, Debbie Ann Deans, who was a school teacher at Riverside Christian College in Maryborough slipped and fell after stepping on a grape outside a school classroom. The result was a fractured knee and an assessment of damages by the Queensland District Court (the Court)
- [Can an employer be held liable for a workplace assault?](https://www.mullinslawyers.com.au/resources/can-an-employer-be-held-liable-for-a-workplace-assault/) - An employee being attacked at work can be very serious, especially for those who regularly come into contact with disgruntled or hostile members of the public, working in healthcare, security, hospitality, emergency and law enforcement.If a worker is assaulted at work, the employer may be liable if:the incident occurred in the course of the worker’s
- [Do victims have a duty of care to their rescuers?](https://www.mullinslawyers.com.au/resources/do-victims-have-a-duty-of-care-to-their-rescuers/) - When an accident happens, it is difficult to think of any victim other than the person or persons who were injured, or their loved ones. However, in the recent legal case of Caffrey v AAI Limited [2019] QCS 7, a police officer who arrived at a horrific motor vehicle accident and suffered psychiatric injuries sued
- [Employers liable for "one-off jobs"](https://www.mullinslawyers.com.au/resources/employers-liable-for-one-off-jobs/) - I have written many times over the years that documentary evidence can trump witness evidence, especially when a witness gives evidence of what “usually happens” or “would have” happened instead of what actually happened.Employers often say to me “We can’t have a written procedure for every single task in the workshop”.Judges understand that not every
- [Employer Not Liable for Workplace Assault by Former Employee](https://www.mullinslawyers.com.au/resources/employer-not-liable-for-workplace-assault-by-former-employee/) - The recent decision by the Queensland Court of Appeal in Inghams Enterprises Pty Ltd v Kim Yen Tat [2018] QCA 182 shows the approach taken by the Courts when considering an employer’s duty of care to employees assaulted by members of the public.The worker, Kim Yen Tat, was employed by Inghams as a shift worker
- [Small risks in everyday tasks converge in perfect storm](https://www.mullinslawyers.com.au/resources/small-risks-in-everyday-tasks-converge-in-perfect-storm/) - How can an employer be liable when a worker falls over pulling a trolley?The answer is, when lots of small risks converge into a “perfect storm” and an everyday task becomes an accident waiting to happen.In a real, recent case study, a worker pulled a loaded trolley across a concrete floor. She caught her foot
- [Contributory negligence in injury claim not so easy to prove](https://www.mullinslawyers.com.au/resources/contributory-negligence-in-injury-claim-not-so-easy-to-prove/) - When an employee is injured in the workplace insurers need to consider the personal contribution the employee made towards sustaining the injury in the first place. In legal terms, this is called contributory negligence and, if the insurer can prove it, a finding of an employee being negligent can represent a significant reduction in damages
- [Failure to seek relevant medical opinion prevents an injured worker claiming damages](https://www.mullinslawyers.com.au/resources/failure-to-seek-relevant-medical-opinion-prevents-an-injured-worker-claiming-damages/) - The mechanics of s 31 of the Limitation of Actions Act 1974 (Qld) (the LAA) are considered in the recent decision of Macri v Stabilised Pavements of Australia P/L [2018] QDC 196.In his application before Judge Andrews, Angelo Macri (the applicant) asked His Honour to determine whether he had a right to bring an action
- [Why Did I Receive a Strange Phone Call Asking About My Car Accident?](https://www.mullinslawyers.com.au/resources/why-did-i-receive-a-strange-phone-call-asking-about-my-car-accident/) - You may receive an unsolicited phone call asking whether you have recently been involved in a car accident (whether or not you were).
- [Million-Dollar Barbecue Burn](https://www.mullinslawyers.com.au/resources/million-dollar-barbecue-burn/) - In February this year, the Full Court of the Supreme Court of Tasmania heard the appeal in Port Sorell Bowls club Inc v Dann to consider whether Mr Dann's award of over $1 million for his burnt hand should be reduced further for his own negligence.
- [Distressed Ambulance Officer fails in claim](https://www.mullinslawyers.com.au/resources/distressed-ambulance-officer-fails-in-claim/) - Mr James was employed as a Queensland Ambulance Service (QAS) officer based in Doomadgee in North Queensland.He brought a claim for personal injuries against the State of Queensland alleging he had sustained psychological injuries in the course of his work duties.The claim centred on a number of incidents occurring in a six-week period, including attendances
- [Upheld on Appeal: No Warning of Psychiatric Injury Means No Breach of Duty](https://www.mullinslawyers.com.au/resources/upheld-on-appeal-no-warning-of-psychiatric-injury-means-no-breach-of-duty/) - Maureen Robertson (the Plaintiff) was an endorsed enrolled nurse working at the Gold Coast Hospital. She alleged she suffered a psychiatric injury over a period of time in the course of her employment, and was "badgered, bullied and mobbed" by her colleagues at work.
- [Amendments to the WCRA](https://www.mullinslawyers.com.au/resources/amendments-to-the-wcra/) - On 23 September 2019, I foreshadowed recommended amendments to the Workers’ Compensation and Rehabilitation Act (the Act).On 22 October 2019, the amending Bill was passed. At the time of publishing this Legal Alert, Royal assent had not yet been granted to enact the legislation.What you need to know now Over 75 sections, schedules and regulations
- [Good recordkeeping and corporate memory is a winning combination](https://www.mullinslawyers.com.au/resources/good-recordkeeping-and-corporate-memory-is-a-winning-combination/) - I recently had a matter in which a worker claimed damages for a food allergy caused by exposure to that particular food as part of a manufacturing process involving that ingredient.Although the concept of the allergy was relatively new to science, the allergy was medically accepted. If the worker ingested the particular food, he would
- [Exiting a truck not an “everyday activity” for truck driver](https://www.mullinslawyers.com.au/resources/exiting-a-truck-not-an-everyday-activity-for-truck-driver/) - In the matter of Kelleher v J & A Accessories Pty Ltd [2018] QSC 227, Justice Ryan of the Supreme Court explained why an employer is obliged to train workers in seemingly “everyday activities”.The claim involved a 45 year-old truck driver who suffered lower back and psychiatric injuries while exiting his truck in August 2013.
- [Back to basics - what all businesses can learn from the Royal Commission](https://www.mullinslawyers.com.au/resources/back-to-basics-what-all-businesses-can-learn-from-the-royal-commission/) - An interim report on the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was released by the Commissioner, the Honourable Kenneth Madison Hayne AC QC, on 28 September 2018.Whilst there is likely to be a shake-up of the financial services industry once the inquiry is completed, it is evident from the
- [Trade marks - the battle over bula](https://www.mullinslawyers.com.au/resources/trade-marks-the-battle-over-bula/) - Anyone who has been to Fiji will have been welcomed (enthusiastically) by locals with a hearty greeting of “bula”. However, shots are being fired over the Pacific as Fijians have become very upset by the proposed use of the term (and their native language) which has been registered as a trade mark in the United
- [Detached bottle shops – what are the rules you need to know?](https://www.mullinslawyers.com.au/resources/detached-bottle-shops-what-are-the-rules-you-need-to-know/) - This article originally appeared in QHA Review magazine, September 2018 editionDetached bottle shops are a concept unique to Queensland. While many people may be interested in opening a bottle shop, it is an opportunity only able to be pursued by licensees under a commercial hotel liquor licence.This presents commercial hotel licensees a distinct opportunity to
- [Good news for owners – Assigned warranties and defect rectification](https://www.mullinslawyers.com.au/resources/good-news-for-owners-assigned-warranties-and-defect-rectification/) - The New South Wales Court of Appeal recently handed down an instructive decision on common questions that arise in construction disputes.
- [Are you sure changes to your self-managed super fund docs are valid?](https://www.mullinslawyers.com.au/resources/are-you-sure-changes-to-your-self-managed-super-fund-docs-are-valid/) - 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.
- [Family loans – justice for elderly parents](https://www.mullinslawyers.com.au/resources/family-loans-justice-for-elderly-parents/) - 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.
- [Game of Thrones burns Trump on cool trademark reference](https://www.mullinslawyers.com.au/resources/game-of-thrones-burns-trump-on-cool-trademark-reference/) - Until very recently, if someone had said to me “Winter is Coming”, in my ignorance I would have said that as Summer was so hot and humid this year, I am looking forward to some cooler weather.
- [Is that a slap in the FaceApp for privacy?](https://www.mullinslawyers.com.au/resources/is-that-a-slap-in-the-faceapp-for-privacy/) - I don’t understand the fascination with FaceApp.
- [Kraft v Bega – IP Rights go under the knife in peanut butter war](https://www.mullinslawyers.com.au/resources/kraft-v-bega-ip-rights-go-under-the-knife-in-peanut-butter-war/) - The biggest battle in relation to peanut butter in Australia in the last 12 months hasn’t been the polarising question of whether crunchy is better than smooth.
- [Summary of COVID-19 Assistance for Queensland Pubs and Clubs](https://www.mullinslawyers.com.au/resources/summary-of-covid-19-assistance-for-queensland-pubs-and-clubs/) - In the last fortnight we have seen a stream of regulatory changes and new assistance packages addressing the economic impacts of the COVID-19 coronavirus, with further announcements expected in the coming days, weeks and months.Our summary of the support available to pubs and clubs is as follows. Much of the assistance listed below is relevant to
- [Q&A for Hong Kong residents migrating to Australia](https://www.mullinslawyers.com.au/resources/qa-for-hong-kong-residents-migrating-to-australia/) - The Australian Government has introduced special visa arrangements for Hong Kong residents migrating to Australia – to help you with understanding your options, here are a few frequently asked questions and answers!1. Are there any changes to the “Working Holiday Visa” and “Student Guardian Visa” for Hong Kong passport holders? There have been no announced
- [Greeting card company laughs all the way to the Banksy](https://www.mullinslawyers.com.au/resources/greeting-card-company-laughs-all-the-way-to-the-banksy/) - We all know that Banksy – the world-renowned British street artist – presents an interesting juxtaposition. A street artist who rose to fame partly due to his anonymity. His works appear on walls or the sides of buildings and have also sold in high-end galleries for millions of dollars/pounds.Banksy’s disdain for intellectual property (IP) rights
- [Curt’s insights regarding recent experiences in the Hotels industry](https://www.mullinslawyers.com.au/resources/curts-insights-regarding-recent-experiences-in-the-hotels-industry/) - As seen in the December/January edition of QHA’s QHA Review magazine. As we approach ‘the home stretch’ of what has been a tumultuous year, I wanted to briefly touch upon a few insightful observations I have made that may be of interest to Queensland hoteliers.Applying for a new licence, or converting to a different licence?Lately, I
- [Digital disruption: Changing distribution models](https://www.mullinslawyers.com.au/resources/digital-disruption-changing-distribution-models/) - The digital disruption that is impacting businesses around the world is a modern day industrial revolution, many times over. Every business needs to face the reality that the way they are conducting their operations may not be the most efficient method. At least, not in relation to technology.This provides an opportunity to stop and reflect
- [Amendments to the Retail Shop Leases Act 1994 passed](https://www.mullinslawyers.com.au/resources/amendments-to-the-retail-shop-leases-act-1994-passed/) - After a number of years in the making, the long awaited amendments to the Retail Shop Leases Act 1994 (the Act) were finally passed by parliament on 10 May 2016.The passing of the Retail Shop Leases Act Amendment Bill 2015 sees some significant changes to the way in which retail leasing will be conducted in
- [The Rule against Double Proofs - a refresher](https://www.mullinslawyers.com.au/resources/the-rule-against-double-proofs-a-refresher/) - In recent times, we have been instructed to provide a number of advices relating to the application of the so-called “rule against double proofs”.The rule potentially applies in any situation where a guarantor has previously paid money to a creditor pursuant to a guarantee and either the guarantor or the creditor seeks to prove in
- [Adjudication Update - Procedural Fairness](https://www.mullinslawyers.com.au/resources/adjudication-update-procedural-fairness/) - In a recent matter concerning a Building and Construction Industry Payments Act (BCIPA) dispute between Ostwald Brothers (the contractor) and Jaylon Pacific (the subcontractor), the Supreme Court of Queensland considered whether an adjudicator’s reliance on matters that were not the subject of submissions by either party rendered the decision void.Almost five months after the date
- [Recent penalties for underpayment claims serve as a stark warning for employers](https://www.mullinslawyers.com.au/resources/recent-penalties-for-underpayment-claims-serve-as-a-stark-warning-for-employers/) - Failure to pay employees the minimum monetary entitlements (including wages, allowances or penalties) prescribed by a modern award can lead to the imposition of significant penalties for employers.Recent penalties in underpayment claims highlight the need for employers to ensure they comply with workplace legislation and industrial instruments. We have seen the Courts willing to impose
- [How are penalties determined and calculated?](https://www.mullinslawyers.com.au/resources/how-are-penalties-determined-and-calculated/) - 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 conductthe nature and extent of any loss or damagewhether there had been similar previous
- [Hotel pays more than $300K in damages for sexual harassment](https://www.mullinslawyers.com.au/resources/hotel-pays-more-than-300k-in-damages-for-sexual-harassment/) - 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.The QIRC
- [Turning back the clock - terminating a Court ordered winding up](https://www.mullinslawyers.com.au/resources/turning-back-the-clock-terminating-a-court-ordered-winding-up/) - From time to time, Court-appointed liquidators field enquiries from directors or shareholders concerning the termination of a winding up.The factors that are relevant to such an application (which is formally made under section 482 of the Corporations Act) will depend upon the basis on which the Company was wound up. The key considerations in an
- [Hunting down the right brand (or band) name](https://www.mullinslawyers.com.au/resources/hunting-down-the-right-brand-or-band-name/) - Choosing the right name for a business or product can be a difficult process.If you are not careful then the simple use of a name can lead to unintended and severe problems. I regularly see letters of demand in which claims are made that traders should cease the use of the name they have chosen
- [When will your venue need a RAMP?](https://www.mullinslawyers.com.au/resources/when-will-your-venue-need-a-ramp/) - A risk-assessed management plan (RAMP) is a document that describes a liquor licensee’s management practices and procedures at their licensed premises. The purpose of a RAMP is to outline a licensee’s management practices and policies in order to minimise harm caused by alcohol abuse and misuse at their premises.A RAMP must specifically deal with the
- [The truth isn’t always in the title - Commission makes important decision on award coverage](https://www.mullinslawyers.com.au/resources/the-truth-isnt-always-in-the-title-commission-makes-important-decision-on-award-coverage/) - The Fair Work Commission recently considered whether a Regional Director of a multi-national real estate company could bring an unfair dismissal application, despite the Director earning above the high income threshold. Mr James Kaufman (the Applicant) was made redundant from his position in December 2016 and subsequently commenced unfair dismissal proceedings claiming his dismissal was
- [Beware the corporate trustee](https://www.mullinslawyers.com.au/resources/beware-the-corporate-trustee/) - The recent decision of the Victorian Supreme Court in Re Western Port Holdings Pty Ltd [2017] is a timely reminder of the issues insolvency practitioners can face in appointments involving corporate trustees.This matter concerned an application by the deed administrators of Western Port Holdings Pty Ltd (the Company) for orders to be appointed as receivers
- [Important changes to Capital Gains Tax withholding](https://www.mullinslawyers.com.au/resources/important-changes-to-capital-gains-tax-withholding/) - As part of the Federal Budget, changes to the Capital Gains Tax (CGT) withholding regime including lowering the threshold of property sales and increasing the withholding rate will apply from 1 July 2017.The CGT withholding regime was introduced on 1 July 2016 to recover CGT from foreign property owners that would otherwise be lost to
- [Is money laundering occurring in your hotel?](https://www.mullinslawyers.com.au/resources/is-money-laundering-occurring-in-your-hotel/) - As featured in QHA Review magazineMoney laundering is more common through gaming machines than many licensees realise and many hotels underestimate the risk of money laundering in their venue. The Australian Transaction Reports and Analysis Centre (AUSTRAC) have identified hotels as vulnerable targets for money laundering practices through their recent campaigns. All hotels with gaming
- [Should we just google it?](https://www.mullinslawyers.com.au/resources/should-we-just-google-it/) - In days gone by, when people sought answers to life’s questions, they may have asked their elders, referred to a text book or encyclopaedia or even attempted problem solving through trial and error. Now, the vast majority of people when faced with any type of problem will “just google it”.Most would assume that is a
- [If it’s contaminated, it can’t be a secret](https://www.mullinslawyers.com.au/resources/if-its-contaminated-it-cant-be-a-secret/) - If you are selling or leasing land, it is important to be aware of whether your land is, or potentially could be, contaminated. It’s as straight forward as ordering a search of the Contaminated Land Register (CLR) or Environmental Management Register (EMR). The cost of ordering a search is low, however the consequences of not
- [Change is here for foreign residents with a main residence](https://www.mullinslawyers.com.au/resources/change-is-here-for-foreign-residents-with-a-main-residence/) - If you are a foreign resident in Australia, it is likely that the proposed changes to Capital Gains Tax (CGT) introduced by the Treasury on 21 July 2017 will directly affect you.The Exposure Draft Legislation released by Treasury is the culmination of CGT measures announced in the 2017 Federal Budget aimed at reducing pressure on
- [New balance sets new record in China](https://www.mullinslawyers.com.au/resources/new-balance-sets-new-record-in-china/) - Although I haven’t been setting any records, I have been able to compete a couple of half-marathons (Gold Coast and Brisbane) in the last few months. During those races and in many of the training runs leading up to them, my footwear of choice has included various models of New Balance shoes.On that basis, it
- [Ethics Centre Report on Australian Olympic Committee](https://www.mullinslawyers.com.au/resources/ethics-centre-report-on-australian-olympic-committee/) - The report by the Ethics Centre into the Australian Olympic Committee (AOC) has been published and makes interesting reading.It is interesting because it talks about the AOC’s challenges and to quote some of the report, without trying to take it out of context, “it is clear that the organisation is currently facing significant challenges. The
- [How an unsent text message became a Will](https://www.mullinslawyers.com.au/resources/how-an-unsent-text-message-became-a-will/) - This is the story of how an unsent text message became a Will.The recent decision of Re Nichol; Nichol v Nichol & Anor [2017] has received quite a bit of media attention.A man tragically took his own life, and an unsent text message found on his mobile phone after his death was declared to be
- [How to avoid ineffective Notices to Remedy Breach](https://www.mullinslawyers.com.au/resources/how-to-avoid-ineffective-notices-to-remedy-breach/) - 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 Queensland
- [Deed of Appropriation protects executor clients and ensures appropriate asset distribution](https://www.mullinslawyers.com.au/resources/deed-of-appropriation-protects-executor-clients-and-ensures-appropriate-asset-distribution/) - Clients of mine were executors of an estate in which the two children involved did not wish to co-own assets.My clients needed advice about their options. Did the assets have to be sold? Could they be transmitted to beneficiaries? If so, how this could be achieved?I prepared a Deed of Appropriation covering all matters to
- [Quick response avoids insolvency and keeps client's business afloat](https://www.mullinslawyers.com.au/resources/quick-response-avoids-insolvency-and-keeps-clients-business-afloat/) - Late one Friday night, I took an urgent call from a partner in another law firm.He promptly set out the details of an ongoing dispute between a prominent co-director and company founder and his fellow directors and shareholders who were using ambush tactics to wind up the company and appoint a liquidator. Substantial issues had
- [Lawful contract termination saves client from overpriced purchase](https://www.mullinslawyers.com.au/resources/lawful-contract-termination-saves-client-from-overpriced-purchase/) - I was approached by another law firm whose client had entered into a longer-term contract to buy a pub but no longer wanted to proceed as the property was substantially overpriced.In reviewing the contract I picked up on several deficiencies regarding liquor and gaming issues.Ultimately, this became the strategy to lawfully terminate the contract.The buyer
- [Subcontractors’ charges - is a subcontractor a secured creditor in an external administration?](https://www.mullinslawyers.com.au/resources/subcontractors-charges-is-a-subcontractor-a-secured-creditor-in-an-external-administration/) - The Subcontractors’ Charges Act 1974 (Qld) (the SCA) is a useful tool to secure a subcontractor’s right to payment out of monies payable by an owner or superior contractor to a contractor.But what happens when the contractor enters administration? Does the SCA enable the subcontractor to pursue its debt with priority as a secured creditor,
- [Protecting the financial interests of developer client while maintaining relationship with troubled subcontractor](https://www.mullinslawyers.com.au/resources/protecting-the-financial-interests-of-developer-client-while-maintaining-relationship-with-troubled-subcontractor/) - A developer client was owed large sums of money by a subcontractor who needed an immediate injection of cash to remain liquid and complete work on my client’s property development.My client needed guidance on the structure of a loan and securities package to protect their investment and mitigate risk in the event of the subcontractor’s
- [Assisting a government owned power company to build a transmission tower over protected land](https://www.mullinslawyers.com.au/resources/assisting-a-government-owned-power-company-to-build-a-transmission-tower-over-protected-land/) - During my time working for a government owned corporation, and as part of the connection of Queensland into the National Electricity Grid, I was required to negotiate with Traditional Owners to permit the building of a transmission line through land that contained extremely sensitive Aboriginal Cultural Heritage.The approach I took was to engage with and
- [Successful Court of Appeal challenge overturns client's liquor licence sanctions](https://www.mullinslawyers.com.au/resources/successful-court-of-appeal-challenge-overturns-clients-liquor-licence-sanctions/) - A licensee client was fined and had its liquor licence conditioned by the regulator in circumstances the licensee felt were unjustified.The licensee had made significant efforts to go above and beyond its legislative obligations. Despite this, a substantial number of allegations, some very serious, were made against the licensee’s company, supported by a significant volume
- [Combining legal and specialist tax advice for  executor clients to avoid estate insolvency](https://www.mullinslawyers.com.au/resources/combining-legal-and-specialist-tax-advice-for-executor-clients-to-avoid-estate-insolvency/) - I worked with clients who were the executors of their father’s estate – they came to Mullins as they were dissatisfied with the service provided by their previous lawyer.They were involved in a dispute with one of their siblings who had effective control over a related family trust. The trust owed money to the estate,
- [Specialist insight resolves estate dispute and provides equitable distribution to clients](https://www.mullinslawyers.com.au/resources/specialist-insight-resolves-estate-dispute-and-provides-equitable-distribution-to-clients/) - In a recent case, children whose father had died came to me seeking an equitable distribution of his estate.Their mother had died some years earlier leaving her whole estate to the father. The father had since remarried a created a new Will, leaving the bulk of his assets to his new wife and very little
- [Tackling online defamation of my client's business](https://www.mullinslawyers.com.au/resources/tackling-online-defamation-of-my-clients-business/) - Speaking to an acquaintance at a networking event, they mentioned to me that another party had established a pejorative website targeting their organisation (www.bewareof[theirname].com).It was really costing their business, affecting sales and causing a lot of angst with staff and distributors. Even worse, their existing lawyers had said there was nothing they could do about
- [Leasing, liquor and gaming: complex transaction comes together for client's greenfield site](https://www.mullinslawyers.com.au/resources/leasing-liquor-and-gaming-complex-transaction-comes-together-for-clients-greenfield-site/) - My client was acquiring a leasehold interest in an existing tavern business and neighbouring greenfield liquor barn site with all necessary regulatory approvals in place to enable construction and subsequent operation of a liquor store.It was a complex transaction, with four parties involved – the vendor of the existing tavern business, the owner of the
- [Successfully negotiating competing demands keeps client and purchaser happy](https://www.mullinslawyers.com.au/resources/successfully-negotiating-competing-demands-keeps-client-and-purchaser-happy/) - A client was approached by a large private equity group seeking to acquire my client’s business in a roll up.As soon as we started negotiating, cracks began to appear. My client had specific post-sale requirements to be negotiated as part of the sale; while the buying group was steadfast in its approach and reluctant to
- [Retiring controversial logos](https://www.mullinslawyers.com.au/resources/retiring-controversial-logos/) - Now that the Super Bowl has been won and lost for another year, American sports fans will soon turn to Spring training and another season of Major League Baseball.Sadly for some, the MLB season will be the last for one of the oldest and most controversial characters of the league, who will be retired following
- [Royal Commission into Institutional Responses to Child Sexual Abuse - Volume 14 Sport Recreation](https://www.mullinslawyers.com.au/resources/royal-commission-into-institutional-responses-to-child-sexual-abuse-volume-14-sport-recreation/) - The Royal Commission into Institutional Responses to Child Sexual Abuse has produced its final Report. Volume 14 is headed Sport recreation, arts, culture, community and hobby groups (238 pages) and is accessible on The Royal Commission’s website – click here.Volume 14 makes four specific recommendations in this section. These are as follows:All sport and recreation
- [Maximum financial return on mining business for exiting owner](https://www.mullinslawyers.com.au/resources/maximum-financial-return-on-mining-business-for-exiting-owner/) - I was approached by an advisor who was facilitating the sale of a valuable mining services business.Unfortunately, its owner had terminal cancer and potential buyers were holding back in order to deal with the estate.Together, the advisor and I came up with a plan to recruit an experienced General Manager to run the business and
- [Fair Work Commission finds Uber drivers are not employees](https://www.mullinslawyers.com.au/resources/fair-work-commission-finds-uber-drivers-are-not-employees/) - On 21 December 2017, the Fair Work Commission (FWC) handed down a significant decision involving ride-sharing giant Uber. In short, the FWC held that Uber drivers are not employees, but rather, are engaged by Uber as independent contractors. This provides guidance for employers on the important distinction between employee and an independent contractor arrangement which
- [Experience helps struggling club prosper](https://www.mullinslawyers.com.au/resources/experience-helps-struggling-club-prosper/) - A club client came to me with a problem.Operational difficulties meant that unpaid creditors were stacking up and they were going broke fast.The club held a council lease over a large land parcel with several sports facilities, and was keen to preserve its future – its goal was to be taken over by a larger
- [Melissa Carmichael v South East Queensland Paint Horse Club Inc.](https://www.mullinslawyers.com.au/resources/melissa-carmichael-v-south-east-queensland-paint-horse-club-inc/) - QCAT has just reported a decision in the matter of Melissa Carmichael v South East Queensland Paint Horse Club Inc. This was an appeal by Ms Carmichael against the decision of QCAT and the appeal was heard by Justice Carmody who allowed the appeal.The appeal was over $450 and one wonders why either party would
- [Pop-up brands](https://www.mullinslawyers.com.au/resources/pop-up-brands/) - Occasionally I have been accused of having Nostradamus like qualities.Those who are familiar with our Intellectual Property eNews may recall that last month we gazed into the crystal ball when we commented on the controversy surrounding the retirement of the Chief Wahoo logo by the Cleveland Indians baseball team. The discussion on that topic can
- [Collaboration with council yields results for developer client](https://www.mullinslawyers.com.au/resources/collaboration-with-council-yields-results-for-developer-client/) - One of my clients is a residential land developer with projects across Brisbane, the Gold Coast and Redland areas.Over the years, they have encountered opposition from local councils on a variety of grounds as a part of the development process.I have consistently developed outcomes for my client to allow their developments to proceed; working through
- [Chowder Bay - lessons for financiers, valuers and property developers](https://www.mullinslawyers.com.au/resources/chowder-bay-lessons-for-financiers-valuers-and-property-developers/) - The 26 February 2018 appeal decision by the Federal Court of Australia in Chowder Bay Pty Ltd v Paganin resulted in the valuer and the developer dodging a bullet by the skin of their teeth. Six investors had sued the valuer on the basis his valuation of the project at $67.8 million was misleading and
- [Have we got to rediscover our manners or is that just professional sport 2018 style?](https://www.mullinslawyers.com.au/resources/have-we-got-to-rediscover-our-manners-or-is-that-just-professional-sport-2018-style/) - “We have got to rediscover our manners” were the very simple words spoken by Kerry O’Keefe recently on the Back Page. O’Keefe is known for his clever wit, but is a keen analyst of the game of Cricket. Is that indeed what needs to and should occur, or do manners have no place in modern
- [Expert advice secures settlement for client in hostile family estate dispute](https://www.mullinslawyers.com.au/resources/expert-advice-secures-settlement-for-client-in-hostile-family-estate-dispute/) - A client was seeking provision out of her father’s estate due to financial need. The client and her father had had a strained relationship and he had chosen to be totally estranged from her in the last years of his life.His Will left all of his estate to other relatives.The matter was complex due to
- [Commercial leasing expertise saves time, money and stress when moving premises](https://www.mullinslawyers.com.au/resources/commercial-leasing-expertise-saves-time-money-and-stress-when-moving-premises/) - One of my professional services clients approached me about moving CBD office locations.Commercial leasing is often a juggling act, and in this case, multiple agreements, leases, sub-leases surrenders, deeds and naming rights over several floors of prime office space added to the challenge. The matter was particularly difficult because my client needed to lease several
- [Franchising expertise leads to successful network wind-up](https://www.mullinslawyers.com.au/resources/franchising-expertise-leads-to-successful-network-wind-up/) - The owner of a franchise network contacted me about winding up their operations after more than 20 years in Australia and New Zealand.Other lawyers they had approached had raised questions about unconscionable conduct, leaving the owner with no clear direction on how to proceed.However, when I looked at the franchise agreements, and the basic facts,
- [Brace for impact: a guide for developers on the new GST withholding regime](https://www.mullinslawyers.com.au/resources/brace-for-impact-a-guide-for-developers-on-the-new-gst-withholding-regime/) - From 1 July 2018, buyers of new residential properties and subdivisions will be required to withhold and remit GST directly to the ATO in accordance with new legislation that has recently been passed by the Federal Parliament.This regime will have a substantial impact on the cash-flow of developers and introduce a large administrative burden.Key featuresThe
- [Industry connections and expertise save music festival at the last minute](https://www.mullinslawyers.com.au/resources/industry-connections-and-expertise-save-music-festival-at-the-last-minute/) - My client, a popular hotel, was due to hold a major music festival in just days’ time when it was shut down by the regulator. The hotel needed an urgent hearing before the Liquor Appeals Tribunal (now QCAT) to have the closure lifted in time for the event.With one day’s notice, my experienced team and I
- [Unique trust structure assists fund manager client to meet regulations and reassure investors](https://www.mullinslawyers.com.au/resources/unique-trust-structure-assists-fund-manager-client-to-meet-regulations-and-reassure-investors/) - My client was a small fund manager authorised to undertake regulated consumer loans.The client had gone to great lengths to ensure its investors’ contributions were structured as contributory loans and could not be pooled with investments made by other investors in other loans. The client had regulatory relief allowing this structure, but it was expiring.The
- [Lateral thinking solves unusual estate matter for client](https://www.mullinslawyers.com.au/resources/lateral-thinking-solves-unusual-estate-matter-for-client/) - A client was having difficulty completing the administration of an estate.A house had to be sold as it was the only source of funds to pay estate debts, however, a beneficiary living in the house refused to leave.Rather than incur the time and expense of forcibly claiming possession through the courts, I proposed a different
- [End-to-end legal assistance on hotel sale results in financial success for client](https://www.mullinslawyers.com.au/resources/end-to-end-legal-assistance-on-hotel-sale-results-in-financial-success-for-client/) - I was approached by an international investor syndicate who were looking to divest one of their hotel investments in North Queensland.The work involved negotiating favourable contract terms, dealing with licensing issues and keeping the transaction progressing to a successful settlement.Having worked in property and with hoteliers for many years, I was able to deliver value
- [Ripple effect of updates to data protection in Europe](https://www.mullinslawyers.com.au/resources/ripple-effect-of-updates-to-data-protection-in-europe/) - If you are anything like me, you may be a little annoyed about the volume of email you have received over the last few weeks from businesses updating their privacy policies. The reason for the sudden flurry of activity is due to changes to privacy and data collection which have just commenced in Europe and
- [Sporting club lease to retirement village operator creates diversified income stream](https://www.mullinslawyers.com.au/resources/sporting-club-lease-to-retirement-village-operator-creates-diversified-income-stream/) - I was recently approached by a large sporting club that wanted to grant a long-term site lease of part of its land for a developer to construct a 300 unit multi-stage retirement village and aged care facility.The club’s aim was to realise immediate land value and create an ongoing revenue stream to diversify its future
- [EMPLOYMENT AND SAFETY ALERT: AWARD WAGES INCREASE ON 1 JULY 2018](https://www.mullinslawyers.com.au/resources/employment-and-safety-alert-award-wages-increase-on-1-july-2018/) - The Fair Work Commission last week completed its 2017-18 Annual Wage Review of the national minimum wage and minimum wages in modern awards.Here’s what you need to know to get your affairs in order before the wages increase on 1 July 2018:The current weekly national minimum wage has been increased from $694.90 to $719.20 –
- [EMPLOYMENT AND SAFETY UPDATE: INDUSTRIAL MANSLAUGHTER A CRIME IN QUEENSLAND](https://www.mullinslawyers.com.au/resources/employment-and-safety-update-industrial-manslaughter-a-crime-in-queensland/) - On 23 October 2017, industrial manslaughter provisions in the Work Health and Safety Act 2011 (Qld) (WHS Act) commenced. The provisions created two new criminal offences of industrial manslaughter for a person conducting a business or undertaking, or a senior officer, to negligently cause the death of a worker.The new provisions are the Queensland Government’s
- [Protecting my client's intellectual property in a joint venture](https://www.mullinslawyers.com.au/resources/protecting-my-clients-intellectual-property-in-a-joint-venture/) - My client was interested in developing a joint venture with a technology partner.The priorities were to secure the relevant background IP (contributed by each party), document the arrangements (ownership and use of newly created IP), and determine how services and management of the new business would be commercialised.Dealing with these issues – maximising business opportunities
- [Additional Foreign Acquirer Duty increase - Queensland](https://www.mullinslawyers.com.au/resources/additional-foreign-acquirer-duty-increase-queensland/) - Additional Foreign Acquirer Duty (AFAD) is an extra amount of duty payable to the Office of State Revenue (OSR) that applies to transactions that are liable for transfer duty, landholder duty or corporate trustee duty. AFAD applies when a company or individual is a foreign person and an acquirer for the purposes of the transaction
- [Trading hours - A refresher for venues](https://www.mullinslawyers.com.au/resources/trading-hours-a-refresher-for-venues/) - This article originally appeared in QHA Review magazine, June 2018 editionIt is always pleasing to discuss changes to a venue’s trading hours with hoteliers, as we’ve consistently seen growing venues take the next step and consolidate their success by increasing their offering to patrons.As we know of course, with the advent of Safe Night Precincts
- [Fire safety – A timely reminder](https://www.mullinslawyers.com.au/resources/fire-safety-a-timely-reminder/) - This article originally appeared in Queensland Bowler magazine, July 2018 editionHaving recently completed our own annual fire and building evacuation training, I thought it would be a great time for a refresher on the obligations of building occupiers in the event of a fire at your club. The legislation relating to fire safety procedures for
- [Project success for reconfigured tavern and liquor store](https://www.mullinslawyers.com.au/resources/project-success-for-reconfigured-tavern-and-liquor-store/) - A client came to me for assistance obtaining a new tavern lease for a reconfigured tavern and construction of a new liquor store.I worked through the required elements in accordance with all necessary regulatory approvals and grant of a new lease.My methodical approach to the required documentation, negotiation and approvals ensured my client was successful
- [New Global Talent Scheme launched to attract highly-skilled workers](https://www.mullinslawyers.com.au/resources/new-global-talent-scheme-launched-to-attract-highly-skilled-workers/) - The Global Talent Scheme pilot has been launched by the Australian Government to provide Australian businesses with easier access to the world’s highly-skilled workers.This niche pilot scheme can be accessed under the Temporary Skill Shortage Visa (Subclass 482) Programme, and will run for 12 months from 1 July 2018.The introduction of the Global Talent Scheme
- [Specialist  expertise assists religious institute in successful membership structuring](https://www.mullinslawyers.com.au/resources/specialist-expertise-assists-religious-institute-in-successful-membership-structuring/) - In circumstances where their membership numbers were dwindling, a religious institute affiliated with the Catholic Church sought my advice about how they should structure their relationships with members who wish to make commitments to their institute as associates but not full members.Catholic religious institutes enjoy autonomous self-government and giving advice required detailed knowledge of church
- [Australia – Still a destination of choice for successful business migrants](https://www.mullinslawyers.com.au/resources/australia-still-a-destination-of-choice-for-successful-business-migrants/) - Australia remains a highly-desirable location for business migrants, according to a new study conducted by the Boston Consulting Group.The Decoding Global Talent report, which involved a survey of 366,139 people across 197 countries, showed that Australia consistently ranks in the top 10 choices for workers looking to migrate overseas.This is consistent with the most recent
- [Approved Managers - Is your hotel up to date?](https://www.mullinslawyers.com.au/resources/approved-managers-is-your-hotel-up-to-date/) - This article originally appeared in QHA Review magazine, July 2018 editionAs most hoteliers would be aware, certain licensed premises are required to have an individual licensee or Approved Manager present or reasonably available during ordinary trading hours of 10.00am and 12 midnight and approved extended trading hours between 7.00am and 10.00am.In the conduct of business
- [Estate planning advice provides peace of mind for blended family](https://www.mullinslawyers.com.au/resources/estate-planning-advice-provides-peace-of-mind-for-blended-family/) - A client approached to me to discuss plans for his significant assets, many of which he inherited from his parents.He wanted to ensure his second wife was properly looked after during her lifetime; while his adult children from a previous relationship also benefited.I set up testamentary trusts to provide for all his family members, with
- [EMPLOYMENT AND SAFETY UPDATE: FWO delivers Foodora their just desserts](https://www.mullinslawyers.com.au/resources/employment-and-safety-update-fwo-delivers-foodora-their-just-desserts/) - Those who are familiar with our employment and safety updates may recall earlier this year when we discussed the controversial “Uber decision” before the Fair Work Commission (FWC). In that case, the FWC held that Uber drivers are not employees, but rather, are engaged by Uber as independent contractors. The discussion on that topic can
- [Let bylaws be bygones?](https://www.mullinslawyers.com.au/resources/let-bylaws-be-bygones/) - There is much debate around the subject of how much control (if any) strata bylaws can impose on lot owners to regulate, limit or even ban ‘Airbnb’ and other short-stay letting schemes. Most Community Title Schemes have a bylaw stating that no subletting of units, via platforms such as Airbnb, is allowed but there has
- [Club mergers and diversification of revenue streams – How to stay relevant](https://www.mullinslawyers.com.au/resources/club-mergers-and-diversification-of-revenue-streams-how-to-stay-relevant/) - This article originally appeared in Queensland Bowler magazine, August 2018 editionRecently, we’ve seen a number of clubs seeking to ‘scale-up’ their club by merging with another club or partnering with another community or private group. We discuss the options, and the costs/benefits of each, below.MergersMerger options include merging with a similar club, amalgamating with a
- [Detailed understanding of client's history enables reunification of family in Australia](https://www.mullinslawyers.com.au/resources/detailed-understanding-of-clients-history-enables-reunification-of-family-in-australia/) - I was approached by a woman who was afraid her husband was going to be deported due to overstaying his Australian visa.Years prior, the couple had met online and formed a relationship. He initially came to Australia on a three-month Visitor Visa. The couple then married, she fell pregnant and life got busy. Time got
- [Insolvency – recovery of $4 million in assets](https://www.mullinslawyers.com.au/resources/insolvency-recovery-of-4-million-in-assets/) - I was chatting to an acquaintance one day who mentioned his companies were not trading well and that he had appointed insolvency practitioners.This process was not proceeding as he had hoped. He mentioned that a related company not in administration would be paying out the bank, which would leave him and his business partner with
- [Successfully negotiating with local council leads to development application success](https://www.mullinslawyers.com.au/resources/successfully-negotiating-with-local-council-leads-to-development-application-success/) - After his parents passed away when he was 15, my client left school to take over operation of the family poultry farm.His goal was to establish a very large poultry farm, and he set about finding the right property. He located an appropriate piece of land and made a development application to start the process
- [Skilling Australians Fund to commence on 12 August 2018](https://www.mullinslawyers.com.au/resources/skilling-australians-fund-to-commence-on-12-august-2018/) - The Migration Amendment (Skilling Australians Fund) Regulations 2018 will come into effect on 12 August 2018. But what is the Skilling Australians Fund (SAF) and what does this really mean?What is the SAF?The SAF is managed by the Department of Education and Training, and will be used to grow the number of apprentices and trainees
- [Levy recovery for bodies corporate](https://www.mullinslawyers.com.au/resources/levy-recovery-for-bodies-corporate/) - As most of you would know, the law imposes strict time limits within which actions must be commenced in court, known as limitation periods. For the recovery of contractual debts, such as body corporate levies, this limitation period is capped by the Limitation of Actions Act 1974 (QLD) at six years.However, confusion over the limitation
- [The benefits of gaming entitlements](https://www.mullinslawyers.com.au/resources/the-benefits-of-gaming-entitlements/) - This article originally appeared in Club Insight magazine, Issue Four – August September 2018There are many differences between the Operating Authority and Gaming Entitlement regime for hotels and clubs, and these differences create a number of benefits for club owners in helping to provide a first-class gaming operation for members.Tender process – Operating AuthoritiesHotel licensees
- [EMPLOYMENT AND SAFETY UPDATE: Landmark decision affecting all casual employees](https://www.mullinslawyers.com.au/resources/employment-and-safety-update-landmark-decision-affecting-all-casual-employees/) - On 16 August 2018, the Full Federal Court made a finding that will have significant ramifications for the employment of casual employees in all industries throughout Australia.The Court upheld a decision finding that an employee – who was described as a casual but worked a regular roster set a year in advance – was a
- [Banning orders – What do they really mean for your pub?](https://www.mullinslawyers.com.au/resources/banning-orders-what-do-they-really-mean-for-your-pub/) - This article originally appeared in QHA Review magazine, August 2018 editionOne year on from the introduction of ID scanning in Queensland, we thought it timely to provide a refresher on banning orders and what they really mean for your pub.The Office of Liquor and Gaming Regulation has reported that approximately 13 million IDs were scanned
- [Guiding an estate Administrator client through complex transfer duty issue](https://www.mullinslawyers.com.au/resources/guiding-an-estate-administrator-client-through-complex-transfer-duty-issue/) - I worked with a client whose father had a large property portfolio but could no longer make decisions for himself.As the QCAT appointed Administrator for her father, my client needed to sell the properties. However, we discovered (amongst other complexities) that the properties were registered in another family member’s name and there were potentially very
- [The toxic legacy of domestic abuse and what to do about your visa application](https://www.mullinslawyers.com.au/resources/the-toxic-legacy-of-domestic-abuse-and-what-to-do-about-your-visa-application/) - Australian society does not tolerate domestic violence under any circumstances, and the New South Wales Government has announced that it will introduce tougher laws to support this objective.Domestic violence is often incorrectly regarded as a “private matter” which “belongs behind closed doors”.Quite often, the real emotional capital which is invested in a domestic violence matter
- [Planning an event? Here’s what you need to know now](https://www.mullinslawyers.com.au/resources/planning-an-event-heres-what-you-need-to-know-now/) - This article originally appeared in Queensland Bowler magazine, September 2018 editionThere are many reasons why a bowls club might hold an event, including for fundraising, charity, publicity or annual tradition. It is now becoming more common for clubs to utilise their space by hosting community markets or opening a pop-up bar somewhere on the premises
- [Company structuring  future-proofs asset protection and family distributions](https://www.mullinslawyers.com.au/resources/company-structuring-future-proofs-asset-protection-and-family-distributions/) - Recently a client contacted me, wanting to discuss ways to ensure that his company shares were protected from possible future creditors while reducing the tax payable on dividends.I recommended a discretionary trust with terms that properly considered issues around appropriate trusteeship, and managing roles and succession in relation to control of trust assets.Following my advice,
- [The Legacy of Grenfell - Combustible Cladding in Queensland](https://www.mullinslawyers.com.au/resources/the-legacy-of-grenfell-combustible-cladding-in-queensland/) - The tragic fire at Grenfell Tower in 2017 has brought about an increase in building regulation scrutiny and restored efforts to clamp down on the use of non-compliant building materials.Grenfell is not the first fire of this kind. In 2014 the Lacrosse building in Melbourne’s Docklands caught fire due to combustible cladding being installed on
- [Out of court settlement achieved in sexual harassment claim against pubs industry client](https://www.mullinslawyers.com.au/resources/out-of-court-settlement-achieved-in-sexual-harassment-claim-against-pubs-industry-client/) - A client in the pubs industry needed assistance with a sexual harassment claim made against them.Working with the client, I obtained expert evidence which uncovered contributory conduct by the applicant.This conduct only came to light after we commissioned a robust review of the client’s records. It enabled us to settle out of court and avoid
- [Skills shortage faced by banks and financial institutions provides new opportunities](https://www.mullinslawyers.com.au/resources/skills-shortage-faced-by-banks-and-financial-institutions-provides-new-opportunities/) - As the financial services industry navigates complex new regulations and heightened regulatory oversight, the demand for operational risk professionals has surged by 72% – and there is an urgency to fill these vacancies.Australian banks are struggling to fill vacancies for both front office risk professionals and centralised operations-risk teams roles, with the effect of the
- [Aged care expertise delivers big return for exiting operator](https://www.mullinslawyers.com.au/resources/aged-care-expertise-delivers-big-return-for-exiting-operator/) - I was approached by an operator looking to divest its portfolio of eight retirement villages and aged care facilities before leaving the industry.I worked with the accountants to perform vendor due diligence, populate the electronic data room, prepare transaction documents and run a competitive tender. The client relied on my team’s broad expertise in property,
- [Expert business structuring advice significantly reduces administration costs](https://www.mullinslawyers.com.au/resources/expert-business-structuring-advice-significantly-reduces-administration-costs/) - Recently, a client who had been operating their business through an extremely complicated structure (over 20 different trusts and various other entities) came to me for help after other lawyers had told them their structure was too hard to unwind.I was able to simplify and streamline their structure to make it more manageable, and reduced
- [Expanding your premises – getting bigger, better](https://www.mullinslawyers.com.au/resources/expanding-your-premises-getting-bigger-better/) - This article originally appeared in Queensland Bowler magazine, October 2018 editionFrom time to time you may look to expand the licensed footprint of your premises or construct an expansion of your licensed premises.While these projects are exciting and can bring a number of benefits to your club, it is critical that you understand some of
- [Too much to drink?  Banning rights for club licensees](https://www.mullinslawyers.com.au/resources/too-much-to-drink-banning-rights-for-club-licensees/) - This article originally appeared in Club Insight magazine, Issue Five – October November 2018What if one of your regulars is “well known” for all the wrong reasons – consistently intoxicated, disorderly and a general nuisance – so much so that you no longer want them around?Responsible service of alcohol is an essential responsibility of every
- [A broadening of the 'sole purpose test' for SMSFs](https://www.mullinslawyers.com.au/resources/a-broadening-of-the-sole-purpose-test-for-smsfs/) - Self-managed superannuation funds (SMSFs) continue to rise in popularity in Australia. However, there are extremely strict rules that apply to the purchase, by an SMSF, of real property, one of which is the ‘sole purpose test’. This test was recently considered in Aussiegolfa Pty Ltd (Trustee) v Commissioner of Taxation [2017]1.What is the sole purpose
- [Looking at a Greenfield pub or tavern site? Read this first](https://www.mullinslawyers.com.au/resources/looking-at-a-greenfield-pub-or-tavern-site-read-this-first/) - This article originally appeared in QHA Review magazine, October 2018 editionWith areas of Queensland currently experiencing growth, we thought it timely to explain the key factors and processes involved in developing a Greenfield hotel or pub site for any of you who are looking to capitalise on new opportunities.A Greenfield hotel or pub site opportunity
- [Important legislative reforms for all company directors](https://www.mullinslawyers.com.au/resources/important-legislative-reforms-for-all-company-directors/) - The Government has this month announced a suite of legislative reforms to improve the integrity of data maintained by corporate regulators and target illegal phoenix activity. The proposed laws will introduce a single consolidated business register and impose a requirement for all company directors to hold a Director Identification Number (DIN).Consolidated business registerThe first draft
- [Whole-of-project legal advice on shopping centre development, from purchase right through to sale](https://www.mullinslawyers.com.au/resources/whole-of-project-legal-advice-on-shopping-centre-development-from-purchase-right-through-to-sale/) - For a client’s shopping centre development in northern NSW, I was instructed after purchase to act through all stages of construction, leasing and operation until its eventual sale.It was a complex transaction, requiring inter-jurisdictional collaboration and expertise, and ongoing asset management.After completion, my client was able to sell the centre with minimal due diligence enquires
- [Racing season reminder for licensees](https://www.mullinslawyers.com.au/resources/racing-season-reminder-for-licensees/) - This article originally appeared in Queensland Bowler magazine, November 2018 editionAs the race that stops a nation draws near, we thought it timely to remind licensees of their obligations in relation to sweeps and drink promotions so that members can continue to lap up the atmosphere at their respective clubs this racing season.Trading hoursThe ordinary
- [Exploring all avenues assists client and family to secure permanent residency](https://www.mullinslawyers.com.au/resources/exploring-all-avenues-assists-client-and-family-to-secure-permanent-residency/) - A man and his wife were visiting Brisbane and decided to drop by my office to see if they had any options for migrating to Australia.They had previously approached other migration firms but were told that they did not meet any of the eligibility requirements due to their age.After a brief discussion, I discovered that
- [Robots with rights? The new world of IP rights in AI works](https://www.mullinslawyers.com.au/resources/robots-with-rights-the-new-world-of-ip-rights-in-ai-works/) - Christie’s and Sotheby’s auction houses are accustomed to selling expensive and unique artwork.In October, Sotheby’s sold a work by renowned street artist Banksy entitled Girl with Balloon for $US1.4 million ($A1.97 million), which the artist then proceeded to partially shred by remote device. The purchaser still proceeded with the sale and it is anticipated that
- [Skilled negotiation and industry experience leaves both parties happy in sporting clubs merger](https://www.mullinslawyers.com.au/resources/skilled-negotiation-and-industry-experience-leaves-both-parties-happy-in-sporting-clubs-merger/) - I recently acted for a licensed sporting club that had a successful business but limited opportunities for future growth on its Council leasehold land; while a nearby bowls club was struggling to stay solvent despite owning its own freehold land.I chaired several meetings with the parties to work out how to achieve their respective goals:
- [Jingle Bells! Promotions and advertising at your venue](https://www.mullinslawyers.com.au/resources/jingle-bells-promotions-and-advertising-at-your-venue/) - This article originally appeared in QHA Review magazine, November 2018 editionAs we enter the Christmas period, now is a good time for a quick reminder on the restrictions under the Liquor Act 1992 (Qld) (the Act) in relation to promotions and advertising of events at your premises.Requirements under the ActTargeted at minimising irresponsible consumption of alcohol
- [Seven-year itch! Time to review your security registrations](https://www.mullinslawyers.com.au/resources/seven-year-itch-time-to-review-your-security-registrations/) - We were recently asked about the pitfalls for small businesses helping their associates fund their operations and we identified the issue of when to register an interest in personal property as the number one pitfall for small-scale enterprises. The Personal Property Securities Act 2009 (Cth) (PPSA) is complex as it governs a diverse range of
- [New visa for start-up entrepreneurs](https://www.mullinslawyers.com.au/resources/new-visa-for-start-up-entrepreneurs/) - In a recent joint media release, the Australian Government has announced a new initiative that will see the South Australian Government partnering with business incubators to attract foreign entrepreneurs to Australia.As part of the Supporting Innovation in South Australia (SISA) initiative, anyone who has an innovative, entrepreneurial idea or concept will be encouraged to move
- [OLGR interview powers – what are my rights and obligations?](https://www.mullinslawyers.com.au/resources/olgr-interview-powers-what-are-my-rights-and-obligations/) - This article originally appeared in Queensland Bowler magazine, December 2018 editionIt is not uncommon for clubs or their staff to be approached by Office of Liquor and Gaming Regulation (OLGR) inspectors asking for a statement or interview to assess compliance with liquor and gaming legislation. In these circumstances, it is important to know your obligations
- [Family and domestic violence leave now an entitlement under the Fair Work Act](https://www.mullinslawyers.com.au/resources/family-and-domestic-violence-leave-now-an-entitlement-under-the-fair-work-act/) - The Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 (Cth) takes effect today after it received Royal Assent by the Governor-General on 11 December 2018.The new legislation includes the right to take up to five days’ unpaid family and domestic violence leave in the National Employment Standards (NES) – the minimum employment entitlements
- [Santa Claus is coming – your guide to trading over the holiday season](https://www.mullinslawyers.com.au/resources/santa-claus-is-coming-your-guide-to-trading-over-the-holiday-season/) - This article originally appeared in QHA Review magazine, December 2018 editionChristmas trees, candy canes and carols – it’s that time of year again!The holiday period is a great trading period for our venues, and where better to host a Christmas party or to catch up with friends than at some of the great pubs around
- [Hasta la vista, 2018](https://www.mullinslawyers.com.au/resources/hasta-la-vista-2018/) - Contrary to what many may think, Disney is not always the happiest place on Earth.That fact was highlighted again this week, when reports surfaced that a petition accusing the famous film studio of “colonialism and robbery” had circulated and attracted more than 42,000 signatures.The allegation surrounds the use of the phrase “hakuna matata” which means
- [Read this now if you have securities registered on the PPSR](https://www.mullinslawyers.com.au/resources/read-this-now-if-you-have-securities-registered-on-the-ppsr/) - On 30 January 2019 the registration of any security interests that migrated to the Personal Property Securities Register (PPSR) with a seven year registration will expire.Any seven year registrations made in the first quarter of 2012 will also be falling due for renewal or expiry in the coming months. If you do not renew one
- [The 10 Commandments of Intellectual Property](https://www.mullinslawyers.com.au/resources/the-10-commandments-of-intellectual-property/) - When it comes to protecting their intellectual property, many organisations don’t know where to start. Andrew Nicholson distils the do’s and don’ts of Intellectual Property in these ten commandments to live by.Don’t assume you are firstIf you are second to invent the lightbulb you may be infringing and face legal action. Background checks are vital.Don’t
- [QCAT considers Liquor Licence risk criterion fees](https://www.mullinslawyers.com.au/resources/qcat-considers-liquor-licence-risk-criterion-fees/) - Liquor licence fees can be onerous enough without the added burden of a risk criterion fee, especially if that risk criterion fee was imposed as a result of a previous licensee’s misdemeanours.The Liquor Regulation 2002 (Qld) (the Liquor Regulation) prescribes that a risk criterion fee is added to the annual base fee for a liquor
- [Further protections for casual workers](https://www.mullinslawyers.com.au/resources/further-protections-for-casual-workers/) - Last month the Coalition government introduced the Fair Work Amendment (Right to Request Casual Conversion) Bill 2019 (Bill) into the House of Representatives. The Bill seeks to amend the Fair Work Act 2009 (Cth) to insert into the National Employment Standards a new right for eligible casual employees to convert to full-time or part-time employment.It
- [Two ways clubs can free up capital and/or increase profit](https://www.mullinslawyers.com.au/resources/two-ways-clubs-can-free-up-capital-and-or-increase-profit/) - As published in the Queensland Bowler – March EditionBowls clubs throughout Queensland are seeking opportunities to free up capital or increase profit as financial pressure continues in this industry. Clubs often don’t investigate their options until the future of the club is in trouble, however it is prudent for clubs to understand the options available
- [Buying a hotel? Here are our tips for first timers](https://www.mullinslawyers.com.au/resources/buying-a-hotel-here-are-our-tips-for-first-timers/) - As seen in this month’s QHA Review – March 2019This month we spoke about the issues sellers should consider when preparing their hotel business for sale. This article will approach the transaction from the buyer’s perspective. Some of the matters to consider in preparing to buy a hotel are:Who is buying?Often buyers find themselves in
- [Migration Solutions for skills shortage of Aged Care workers](https://www.mullinslawyers.com.au/resources/migration-solutions-for-skills-shortage-of-aged-care-workers/) - With the Health Care and Social Assistance industry projected to make the largest contribution of 250,300 new positions, is Australia ready for this growth?The Australian Health Care and Social Assistance industry expects an employment growth of 250,300 new positions by May 2023. Is Australia ready for this growth?According to the Department of Jobs and Small
- [Managers of Charitable Institutions getting Queensland tax concessions read this!](https://www.mullinslawyers.com.au/resources/managers-of-charitable-institutions-getting-queensland-tax-concessions-read-this/) - If your organisation is currently registered as a charitable institution and you receive tax concessions on this basis, you have until 9 November 2020 to check and, if required, amend your constitution. After that date if your constitution is not compliant, you may cease to qualify for those tax concessions including payroll tax, land tax
- [Refusal of liquidators' right of indemnity for unsuccessful Court Proceedings](https://www.mullinslawyers.com.au/resources/refusal-of-liquidators-right-of-indemnity-for-unsuccessful-court-proceedings/) - The recent decision of the Victorian Court of Appeal in Re McDermott and Potts in their capacities as joint and several liquidators of Lonnex Pty Ltd (in liquidation) [No. 2] [2019] VSCA 62 serves as a timely reminder to practitioners to keep cost considerations front of mind when determining whether or not to commence legal
- [Visa solutions for regional Australia](https://www.mullinslawyers.com.au/resources/visa-solutions-for-regional-australia/) - Australia’s population reached 25 million in August 2018, 33 years ahead of predictions. With the total employment in Australia projected to increase by 886,100 new positions by May 2023, Australia is currently experiencing major skill shortages across a number of industries and employers are nervous to see its lowest numbers in job applicants and workers
- [Conversion to full-time employment may soon become easier for casual employees](https://www.mullinslawyers.com.au/resources/conversion-to-full-time-employment-may-soon-become-easier-for-casual-employees/) - A Bill was introduced to the House of Representatives last month that proposes to allow casual employees to convert to full-time or part-time employment if they have worked a ‘regular pattern of hours’ for at least 12 months. If the Bill is passed, there will be several implications for bowls clubs who employ casual staff,
- [Migration Insights: Visa solutions for regional Australia](https://www.mullinslawyers.com.au/resources/migration-insights-visa-solutions-for-regional-australia/) - The total employment in Australia is projected to increase by 886,100 new positions by May 2023, and we are currently experiencing major skill shortages across a number of industries. As it is, employers are concerned with the lowest numbers in job applicants in years.My colleague and Mullins’ immigration law expert, Corina Chen (MARN 1281043), explores
- [Skills shortages in Australia](https://www.mullinslawyers.com.au/resources/skills-shortages-in-australia/) - Australia is the second wealthiest nation in terms of wealth per adult. It is currently in its 27th consecutive year of annual economic growth, and the Australian economy continues to expect a consistent growth over the next 20 years.According to the Department of Jobs and Small Business, the total employment in Australia is expected to
- [New whistleblower protection laws commence this year](https://www.mullinslawyers.com.au/resources/new-whistleblower-protection-laws-commence-this-year/) - The Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2018 (Cth) received Royal Assent on 12 March 2019, introducing strengthened and consolidated whistleblower protections for the corporate and financial sector.These laws seek to improve corporate governance practices within Australian businesses and are aimed at providing greater protection for whistleblowers who assist in the early detection and
- [The grass can be greener – start planning now!](https://www.mullinslawyers.com.au/resources/the-grass-can-be-greener-start-planning-now/) - As seen in the May edition of The Bowler.In the current market, many clubs remain focused on increasing revenue to safeguard their future. Quick fix solutions and rapid cash injections may be tempting, but are they really the answer long term? For clubs who are uncertain about their future, master planning could be the answer
- [Changes to law regarding supplier warranties](https://www.mullinslawyers.com.au/resources/changes-to-law-regarding-supplier-warranties/) - Businesses who provide warranties in relation to either products or services have until the end of the week to bring those warranties into line with changes to the Australian Consumer Law (ACL), or face substantial penalties and fines – potentially up to 10% of annual turnover. The changes take effect this Sunday, 9 June 2019.Promises
- [The impact of off-field behaviour on a player’s employment – a look into de Belin and Folau](https://www.mullinslawyers.com.au/resources/the-impact-of-off-field-behaviour-on-a-players-employment-a-look-into-de-belin-and-folau/) - There have been two significant decisions in recent times in relation to off-field behaviour of footballers and their employment. The first was the well-publicised decision of Rugby Australia to terminate the contract of Israel Folau. The second was the significant decision by the Federal Court of Australia regarding Rugby League player, Jack de Belin.De Belin
- [Spink v Russell: A win for testamentary freedom](https://www.mullinslawyers.com.au/resources/spink-v-russell-a-win-for-testamentary-freedom/) - The recent Queensland Court of Appeal decision of Spink v Russell [2019] QCA 107 (“Spink”) provides valuable guidance regarding the relevance of a potential family provision application in a statutory will proceeding. Spink is only the second statutory will matter to have been heard by the Queensland Court of Appeal.[1]What is a statutory will?In order
- [Will Courts intervene in matters relating to clubs?](https://www.mullinslawyers.com.au/resources/will-courts-intervene-in-matters-relating-to-clubs/) - The recent case of Hogan v Fraser & Ors revisited the longstanding Australian case of Cameron v Hogan. This was the case of a member objecting to the ballot to allow women members at Tattersall’s Club. These cases address whether the Court will intervene in matters relating to Clubs. The Supreme Court followed the decision
- [The importance of properly documenting your loan](https://www.mullinslawyers.com.au/resources/the-importance-of-properly-documenting-your-loan/) - Is your loan properly documented?I recently reviewed two court cases that involved poor loan documentation. Both cases would have cost the parties a significant sum of money to go through court and in both instances, the lender was unsuccessful in recovering their money.In the first case, the lender made a further advance on a loan
- [NEW WHISTLEBLOWER PROTECTION LAWS – WILL YOUR HOTEL BE CAUGHT?](https://www.mullinslawyers.com.au/resources/new-whistleblower-protection-laws-will-your-hotel-be-caught/) - As seen in the June edition of the QHA Review.You may have heard about the new legislation affecting whistleblowers in the corporate and financial sector and wondered, will this affect my hotel? While there are a myriad of ways that hotels can be structured in terms of corporate ownership, we thought it would be a
- [CCTV Health Check](https://www.mullinslawyers.com.au/resources/cctv-health-check/) - As seen in the June edition of Queensland Bowler.With the growing mountain of compliance obligations bowls club owners and operators have to consider, often the less pressing tasks will become “tomorrow’s problem”. However, when it comes to CCTV compliance, there are some requirements that literally must be done today to ensure that you are compliant
- [Israel Folau – what’s going to happen next?](https://www.mullinslawyers.com.au/resources/israel-folau-whats-going-to-happen-next/) - The horrible mess which is the Rugby Australia / Israel Folau matter keeps taking more interesting turns.Alan Jones in his column on 21 June 2019 said “Well, I can assure you Israel is not about the money. He is about the principle.” Apparently Alan’s column was written prior to the announcement that Israel has launched
- [Three ways you can diversify your club’s revenue streams](https://www.mullinslawyers.com.au/resources/three-ways-you-can-diversify-your-clubs-revenue-streams/) - As seen in the June/July edition of Club Insight (Issue 3).Traditional revenue streams, such as traditional food and beverage, gaming membership and sponsorship, remain at the heart of a club’s commercial operations.However, now more than ever, there is both the need and the desire for clubs to diversify their revenue streams and think outside of
- [Let’s talk liquor: what you need to know about licensed trading hours](https://www.mullinslawyers.com.au/resources/lets-talk-liquor-what-you-need-to-know-about-licensed-trading-hours/) - As seen in the July edition of Bowls Queensland’s Queensland Bowler magazine.Do you know about the provisions in the Liquor Act that allow bowls clubs to have extended licensed trading hours? Or the restrictions on trading hours for certain days throughout the year? Learn how to maximise your club’s trading hours with important insights from
- [Skills shortages in the Hospitality industry](https://www.mullinslawyers.com.au/resources/skills-shortages-in-the-hospitality-industry/) - According to the Department of Jobs and Small Business, the total employment in Australia is projected to increase by 886,100 new positions by May 2023. In particular, employment in the Hospitality industry is expected to increase by 12.1% in the next five years which means an additional 91,000 jobs.Is Australia ready for this growth?The Hospitality
- [Sports sponsorship in a changing world](https://www.mullinslawyers.com.au/resources/sports-sponsorship-in-a-changing-world/) - Tony Featherstone a journalist with The Sydney Morning Herald wrote a very interesting piece headed “Sport sponsorship goalposts moving”. Featherstone opined in his piece that “if sports marketing risks for high-profile events are rising, surely the opportunity for corporates is to invest in grassroots sports, women’s sports and kids sports.” This is a phenomena that
- [How to assess your club’s solvency and reduce future risk](https://www.mullinslawyers.com.au/resources/how-to-assess-your-clubs-solvency-and-reduce-future-risk/) - As seen in the August Edition of Bowls Queensland’s Queensland Bowler magazine.Is your bowls club struggling to make ends meet? It is often difficult to know whether your bowls club is in serious trouble or just short on cash. In the event that these signs prove to be more than just a financial hiccup and you have
- [Responsible Gambling and Exclusions – Are you practising what you preach?](https://www.mullinslawyers.com.au/resources/responsible-gambling-and-exclusions-are-you-practising-what-you-preach/) - As seen in the August/September edition of Club Insight (Issue 4).There are almost 50,000 gaming machines located in Queensland, and it is no surprise that a significant proportion of these machines are found within our clubs. Although gaming machines provide a number of benefits to the community, it’s hard to deny the increasing amount of
- [What to do when an investigator attends your venue](https://www.mullinslawyers.com.au/resources/what-to-do-when-an-investigator-attends-your-venue/) - As seen in the August edition of the QHA Review.With one financial year behind us and a new one underway, EOFY parties, football finals and the Melbourne Cup on the horizon make this a busy trading period for hotels across the state. As we know, bigger functions can sometimes lead to a spike in unpleasant
- [IP Rights - when the World is not enough](https://www.mullinslawyers.com.au/resources/ip-rights-when-the-world-is-not-enough/) - It is not unusual for some forms of Intellectual Property or IP agreement to provide that rights are granted for use ‘in the known Universe’.I’m waiting for the day when I can describe the territory in an agreement as ‘to infinity and beyond’ but will keep that up my sleeve until I have a client
- [The importance of due diligence for club mergers](https://www.mullinslawyers.com.au/resources/the-importance-of-due-diligence-for-club-mergers/) - As seen in the September Edition of Bowls Queensland’s Queensland Bowler magazine.As we in ‘club-land’ know, bowls clubs are increasingly involved in mergers and acquisitions – either mergers with a nearby bowls club or joining a larger non-bowls sporting club. Apart from the important cultural and strategic issues that a management committee needs to consider as part
- [IP Licences and agreements must urgently be reviewed](https://www.mullinslawyers.com.au/resources/ip-licences-and-agreements-must-urgently-be-reviewed/) - Anyone who is party to an IP licence should be reviewing it now to consider whether it contains any anti-competitive terms to avoid potential enforcement action from the ACCC.Previously, IP owners have been able to enter into agreements or arrangements which impose restrictions on the use of their IP that may be anti-competitive due to
- [Fact check: why the Court denied Sheralee Macgowan’s application for further provision](https://www.mullinslawyers.com.au/resources/fact-check-why-the-court-denied-sheralee-macgowans-application-for-further-provision/) - In the recent decision of Macgowan v Klatt [2019] QSC 222, Natalie Silvester, Associate of Mullins recently acted for Michael Klatt, Partner of Mullins, (Michael) in his capacity as Administrator of the Estate of the late Kenneth Hamish Macgowan (Ken).Michael is regularly appointed by the Supreme Court of Queensland (SCQ) as an independent administrator in
- [Attention Hoteliers – Why the new Liquor Guideline concerns you](https://www.mullinslawyers.com.au/resources/attention-hoteliers-why-the-new-liquor-guideline-concerns-you/) - As seen in the September Edition of the QHA Review.As you may have already heard, there is a new kid on the block – or rather, a new liquor guideline to add to the list – Guideline 51: Preparing an acoustic report (the new Guideline). As of 1 July 2019, the new Guideline replaces Guideline
- [Crown scandal serves as important reminder for gaming licensees](https://www.mullinslawyers.com.au/resources/crown-scandal-serves-as-important-reminder-for-gaming-licensees/) - As seen in the October Edition of QHA Review. You may have seen the investigation by Nine’s The Sydney Morning Herald, The Age and 60 Minutes in July 2019, which alleged that Australia’s biggest casino giant, Crown Casino, turned a “blind eye” to money laundering, gaming machine tampering and exploitation of Australia’s visa system.Given the flood
- [Navigating the digital era: social media tips for success](https://www.mullinslawyers.com.au/resources/navigating-the-digital-era-social-media-tips-for-success/) - As seen in the October Edition of Bowl’s Queensland’s Queensland Bowler magazine.An issue that keeps popping up in the news lately is the blurred lines of social media in business – the ultimate double-edged sword. We’ve all seen businesses that run great social media pages which not only provide us with a source of laughter,
- [Kangaroo Courts](https://www.mullinslawyers.com.au/resources/kangaroo-courts/) - When did players, coaches and administrators all become such experts on the law? It seems that Football judiciaries are receiving as many headlines as the players and the games themselves and perhaps it is that, just as players and referees make mistakes, so do judiciaries.Over the last couple of weeks there has been the citing
- [When bigger is better – how to take your next event to a new level](https://www.mullinslawyers.com.au/resources/when-bigger-is-better-how-to-take-your-next-event-to-a-new-level/) - As seen in the October/November edition of Club Insight (Issue 5).By their very nature, Clubs are community hubs built for entertaining and fostering a sense of inclusion and belonging. There is no better place than your local – or somebody else’s local – for a convivial drink and social gathering. So it is no surprise
- [No white-wash means no win for Connective Services](https://www.mullinslawyers.com.au/resources/no-white-wash-means-no-win-for-connective-services/) - Connective Services Pty Ltd recently tested the scope of the prohibition in s260A of the Corporations Act 2001 (Cth) (the Act) in the High Court, and lost. That section stops a company giving financial assistance to assist a person acquire the company’s shares. The case illustrates how broadly this prohibition can apply. Connective was not making a
- [What to consider when negotiating or drafting catering agreements](https://www.mullinslawyers.com.au/resources/what-to-consider-when-negotiating-or-drafting-catering-agreements/) - As seen in the November edition of the QHA Review. As Melbourne Cup Day is coming up, and the festive season will be here before we know it, we thought it timely to provide a refresher on catering agreements, as there are a number of options available to hotels looking for flexibility in their food
- [Make your Club a winner this Spring Carnival](https://www.mullinslawyers.com.au/resources/make-your-club-a-winner-this-spring-carnival/) - As seen in the November edition of Bowls Queensland’s Queensland Bowler.You know it’s that time of year when glitz, glamour and good times take centre stage as the Spring Racing Carnival kicks off yet again. It’s likely that your Bowls Club is in for another big one, so as the race that stops a nation
- [Family Fun or Family Fail – we’ll help you pick the difference](https://www.mullinslawyers.com.au/resources/family-fun-or-family-fail-well-help-you-pick-the-difference/) - As seen in the December Edition of QHA Review. A question that often pops up in general conversation with our Hotelier friends and clients is: when are minors actually allowed at my venue? As licensees should be aware, it is illegal for under 18s or “minors” to be on the licensed premises. However, there are exemptions
- [Mullins’ guide to advertising liquor promotions this festive season](https://www.mullinslawyers.com.au/resources/mullins-guide-to-advertising-liquor-promotions-this-festive-season/) - As seen in the December / January 2020 Edition of the Queensland Bowler magazine. For many of us, the Christmas season is a time to celebrate with loved ones, often with a beer or wine in hand, so it was no surprise to me when I read a recent survey suggesting Australians’ average weekly alcohol intake
- [Mandatory Whistleblower Policy deadline 1 January 2020](https://www.mullinslawyers.com.au/resources/mandatory-whistleblower-policy-deadline-1-january-2020/) - Organisations should be considering the whistleblower reforms which commence on 1 January 2020. A summary of the key points is set out below.Whistleblowers play an important role in revealing injustice, calling out misconduct, fraud, abuse or corruption in corporate, financial and tax sectors. However, while doing the right thing, whistleblowers have previously put their own
- [Spreading the Christmas spirit?  Remember these rules for fundraising](https://www.mullinslawyers.com.au/resources/spreading-the-christmas-spirit-remember-these-rules-for-fundraising/) - As seen in the December/January edition of Club Insight (Issue 6).With Christmas just around the corner, I’m sure many of you have already started rehearsing the expression of surprise and joy that is expected when unwrapping Christmas presents – whether you’re lucky enough to receive the gift you were hoping for, or the novelty tie
- [Privacy laws and business card draws](https://www.mullinslawyers.com.au/resources/privacy-laws-and-business-card-draws/) - As seen in the February 2020 Edition of the Queensland Bowler magazine.It is no surprise to see more and more bowls clubs using marketing techniques to connect with members, advertise services and promote upcoming events. We have recently seen an increase in email and text message marketing, with clubs building electronic databases to fit their specific
- [How to protect your customers’ privacy in the digital age](https://www.mullinslawyers.com.au/resources/how-to-protect-your-customers-privacy-in-the-digital-age/) - As seen in the February edition of the QHA Review. When the Australian Privacy Act 1988 was introduced in the 80s, I doubt the legislators could have envisaged the technological advances we have seen in the last 30 years, or how heavily we would rely upon technology in 2020. In 1988, phones were still fixed to
- [There seems to be a lot of noise about noise](https://www.mullinslawyers.com.au/resources/there-seems-to-be-a-lot-of-noise-about-noise/) - As seen in the March Edition of QHA Review. I know that managing appropriate noise levels is a constant battle for many hoteliers. OLGR reports that one in every three complaints they receive about licensed venues relates to excessive noise, and just last June OLGR also released a new guideline on the preparation of acoustic reports.
- [Mullins Guide to Governance Documents – Part 1 – The Constitution](https://www.mullinslawyers.com.au/resources/mullins-guide-to-governance-documents-part-1-the-constitution/) - As seen in Clubs Queensland’s February March Edition of Club Insight. The start of a new year is always a good time to review your club’s governance documents to ensure they align with current objectives, and are enabling you to run a vibrant and viable club. Over the next two issues of Clubs Insight, I will
- [Does your club need a whistleblower policy?](https://www.mullinslawyers.com.au/resources/does-your-club-need-a-whistleblower-policy/) - As seen in the March edition of Bowls Queensland’s Queensland Bowler.Whistleblowers play an important role in exposing misconduct and harm to consumers and the community. To encourage individuals to come forward and protect them when they do, the Corporations Act 2001 (Corporations Act) gives certain people legal rights and protections as whistleblowers. In July last
- [Meghan Markle’s Megxit Marks](https://www.mullinslawyers.com.au/resources/meghan-markles-megxit-marks/) - The former Duke and Duchess of Sussex are atypical of their Millennial peers, who would, on average, have switched jobs over 4.7 more times and changed career over two times more than each of them at the same age. However, perhaps those traits are now emerging as Harry and Meghan close out the last of
- [Natural justice may not be that natural, but it is certainly not difficult](https://www.mullinslawyers.com.au/resources/natural-justice-may-not-be-that-natural-but-it-is-certainly-not-difficult/) - Two words that are used extensively and often misused in disciplinary matters, are the words “natural justice”. To further confuse this there are other words used to attempt to make those words easier to understand, such as procedural fairness.John Forbes in his book “Justice in Tribunals” when talking about natural justice said this “The expression
- [Amendments to ID Scanning laws to ease the pressure on licensees](https://www.mullinslawyers.com.au/resources/amendments-to-id-scanning-laws-to-ease-the-pressure-on-licensees/) - As seen in the April 2020 edition of QHA’s QHA Review.Since their introduction in 2017, mandatory ID Scanning laws have be a source of contention in the Queensland hotel and pub industry, so the latest amendments to the regime have been welcomed by Queensland licensees. While we may not have achieved a perfect balance, the
- [EMPLOYMENT UPDATE: COVID-19 AND THE HOSPITALITY AWARD](https://www.mullinslawyers.com.au/resources/employment-update-covid-19-and-the-hospitality-award/) - On Tuesday, 24 March 2020, the Fair Work Commission approved an application to urgently vary the Hospitality Industry (General) Award 2010 (HIGA) in an effort to save jobs and afford much needed flexibility to employers in Australia’s hospitality industry. The changes follow a substantial shutdown of the hospitality industry and a range of other unprecedented
- [EMPLOYMENT UPDATE: COVID-19](https://www.mullinslawyers.com.au/resources/employment-update-covid-19/) - The spread of the novel coronavirus (COVID-19) continues to cause significant disruption to Australian businesses and fuel ongoing economic and employment uncertainty. This has led to an unprecedented number of inquiries relating to an employer’s obligations in respect to ensuring the health and safety of its workforce and how to appropriately manage employees through these increasingly uncertain times.Personal
- [Prime Minister sets out commercial leasing principles to assist landlords and tenants](https://www.mullinslawyers.com.au/resources/prime-minister-sets-out-commercial-leasing-principles-to-assist-landlords-and-tenants/) - After weeks of uncertainty, the National Cabinet announced last night a set of ‘principles’ to be used to assist landlords and tenants to navigate these unprecedented times. In making the announcement, the Prime Minister said that the responsibility remained with landlords, tenants and financial institutions to enter into meaningful discussions and work together “to ensure that,
- [Legislative reforms for Incorporated Associations; what you need to know](https://www.mullinslawyers.com.au/resources/legislative-reforms-for-incorporated-associations-what-you-need-to-know/) - In November 2019, the Queensland Government proposed amendments to the legislation governing incorporated associations. Although the changes remain the subject of ongoing legislative and stakeholder debate, there are key proposed changes to be aware of.The more contentious changes seem likely to create further ambiguity insofar as how an incorporated association may execute contracts. Further, incorporated
- [ASIC releases guidelines for meeting upcoming AGM and financial reporting requirements](https://www.mullinslawyers.com.au/resources/asic-releases-guidelines-for-meeting-upcoming-agm-and-financial-reporting-requirements/) - The Australian Securities and Investments Commission (ASIC) has released new guidelines targeted at providing comfort to corporations experiencing difficulty in meeting regulatory requirements in the wake of the COVID-19 pandemic. The measures are a welcome recognition by the corporate regulator that the current climate may temporarily impact on a company’s ability to hold an annual
- [Government announces JobKeeper Wage Subsidy Scheme](https://www.mullinslawyers.com.au/resources/government-announces-jobkeeper-wage-subsidy-scheme/) - The Morrison Government has announced a $130 billion JobKeeper Payment to support businesses and help keep more Australian workers in jobs.What is the JobKeeper Payment? Under the JobKeeper Payment, eligible businesses impacted by the Coronavirus will be able to access a subsidy from the Government to continue paying their employees. Affected employers that meet the
- [Contract rights in the current environment](https://www.mullinslawyers.com.au/resources/contract-rights-in-the-current-environment/) - Many business and individuals who have signed contracts are finding it increasingly difficult to continue to meet their obligations in light of the COVID-19 restraints which have been implemented by various Governments. Those measures are impacting contracts in Australia and around the world. As a result, it may become necessary to consider the legal principles
- [Commercial Tenancy Mandatory Code of Conduct](https://www.mullinslawyers.com.au/resources/commercial-tenancy-mandatory-code-of-conduct/) - The Commonwealth Government yesterday announced the details of the much anticipated COVID-19 Code of Conduct for commercial tenancies (the Code). While the finer details are still to be legislated by the various States and Territories, we finally have some clarity around the obligations of both landlords and tenants in dealing with the impact of COVID-19
- [FWC introduces unpaid pandemic leave into 99 awards](https://www.mullinslawyers.com.au/resources/fwc-introduces-unpaid-pandemic-leave-into-99-awards/) - On 8 April 2020, the Fair Work Commission (FWC) made determinations varying 99 modern awards by inserting a temporary new schedule into these awards. The schedule provides employees with two weeks’ unpaid pandemic leave and the ability to take twice as much annual leave at half their normal pay if their employer agrees.Affected awardsThe new
- [Don’t forget to notify ASIC of director resignations](https://www.mullinslawyers.com.au/resources/dont-forget-to-notify-asic-of-director-resignations/) - Recent amendments to the Corporations Act 2001 (Cth) (Corporations Act) targeted at improving the accountability of company directors affirms the importance of immediately notifying the Australian Securities and Investments Commission (ASIC) of a director’s resignation.What are the changes?Changes introduced to the Corporations Act will impact when a director’s resignation takes effect. If ASIC is notified
- [Q&A: FEDERAL GOVERNMENT IMPLEMENTS JOBKEEPER SCHEME AND  CHANGES TO THE FAIR WORK ACT](https://www.mullinslawyers.com.au/resources/qa-federal-government-implements-jobkeeper-scheme-and-changes-to-the-fair-work-act/) - The COVID-19 pandemic has had an extraordinary impact on the Australian economy. Strict measures targeted at slowing the spread of COVID-19 has forced closures, disrupted operations and cash flows, and resulted in significant uncertainty for Australian businesses.To combat the economic impact caused by COVID-19, the Federal Government has introduced a temporary scheme called the JobKeeper
- [QLD Government introduces Regulations to support residential tenancy relief measures](https://www.mullinslawyers.com.au/resources/qld-government-introduces-regulations-to-support-residential-tenancy-relief-measures/) - The Queensland Government has now issued the first of its Regulations under the COVID‑19 Emergency Response Act 2020, dealing with residential tenancy relief[1] during the COVID-19 Pandemic. The Regulation is retrospective and has effect on and from 29 March 2020.As expected, the Regulation imposes:a moratorium on certain evictions;a moratorium or cap on ‘break costs’, depending
- [Privacy Issues and COVID-19](https://www.mullinslawyers.com.au/resources/privacy-issues-and-covid-19/) - In response to the coronavirus pandemic and to help ‘stop the spread’ we have seen several organisations and government departments seek additional information from staff and visitors, including as a condition of entry. These questions can include whether the person has been overseas in the last 14 days, whether they have flu like symptoms or
- [Making the Most of the COVID-19 Shutdown](https://www.mullinslawyers.com.au/resources/making-the-most-of-the-covid-19-shutdown/) - As featured on the QHA website on 30 April, 2020.We are all counting down the days until this virus has been contained and it is safe for hotels, pubs and bars to open again. The enforced shutdown has had an unprecedented impact on the hospitality industry, but many of the hoteliers I know are still
- [Draft Residential Care Visitor Access Code released for consultation](https://www.mullinslawyers.com.au/resources/draft-residential-care-visitor-access-code-released-for-consultation/) - In this article, Stuart Lowe and Tayla Gorman review the draft Residential Care Visitor Access Code and explain its impact.Residential aged care providers will be aware of the public health directions issued to date by various State Governments in response to the COVID-19 pandemic, based on National Cabinet guidance, restricting care and support visits as
- [Recap of banking and finance support available to businesses](https://www.mullinslawyers.com.au/resources/recap-of-banking-and-finance-support-available-to-businesses/) - There is little doubt Australian business has been adversely impacted by COVID-19 and some worse than others, the entertainment and hospitality industries have likely been impacted the most as they haven’t been able to trade at all.Many of our clients have commented that they have been able to survive so far on the back of
- [Licensing considerations around the retail sale of liquor in Queensland](https://www.mullinslawyers.com.au/resources/licensing-considerations-around-the-retail-sale-of-liquor-in-queensland/) - As featured on the QHA website on 29 May, 2020.Supermarket chain Aldi has been selling alcohol from its stores in Victoria since 2003. Its liquor offering has proven a success, and Aldi’s range of alcohol is now available from most of its stores throughout the country. The notable exceptions are in Queensland and South Australia, where –
- [Mullins’ guide to grassroots sport sponsorship – Part 1 – adding value for sponsors](https://www.mullinslawyers.com.au/resources/mullins-guide-to-grassroots-sport-sponsorship-part-1-adding-value-for-sponsors/) - Article featured in Bowls Queensland’s June edition of the Queensland Bowler.Sponsorship is a vital source of revenue for all sporting organisations. In these difficult times it is especially important that clubs, competition organisers and governing bodies are able to obtain maximum value from sponsorship arrangements, which you can do by re-thinking the traditional approach of
- [A State-by-State Guide to COVID-19 Commercial Leasing Regulations](https://www.mullinslawyers.com.au/resources/a-state-by-state-guide-to-covid-19-commercial-leasing-regulations/) - The Mandatory Code of Conduct for Commercial Leases (Code; available here) was announced by the National Cabinet on 7 April 2020, to guide landlords and tenants in dealing with COVID-19 leasing disputes. Since then the various states and territories – with the exception of the Northern Territory – have each introduced their own regulations to
- [What you need to know about the rent relief regulation specific to Queensland hotels, pubs and clubs](https://www.mullinslawyers.com.au/resources/what-you-need-to-know-about-the-rent-relief-regulation-specific-to-queensland-hotels-pubs-and-clubs/) - As hotels, pubs and clubs across Queensland start to re-open following the government’s announcement to lift certain restrictions, Queenslanders are flocking to enjoy ‘a parmy and a pint’ at their local after more than two months in lockdown. But as more and more publicans welcome happy patrons back to their venues, there is no doubt
- [Mullins’ guide to effective sponsorships – part 2 – sponsorship agreements](https://www.mullinslawyers.com.au/resources/mullins-guide-to-effective-sponsorships-part-2-sponsorship-agreements/) - Article featured in Bowls Queensland’s July edition of the Queensland Bowler.In the previous edition of Bowler Magazine, I discussed some of the ways that you can both attract new sponsorship and also retain existing sponsors, by ensuring that you add value for your sponsors. This is especially important when times are tough and marketing budgets may
- [A guide to reopening your gaming facilities post-shutdown](https://www.mullinslawyers.com.au/resources/a-guide-to-reopening-your-gaming-facilities-post-shutdown/) - As featured on the QHA website on 1 July, 2020.Please note: The information contained in this article is current at the time of publication. Elements of the article may change as restrictions continue to evolve.It has been great to see so many Queensland venues open their doors again in the last month or so, and I look
- [New visa arrangements to support Hong Kong passport holders](https://www.mullinslawyers.com.au/resources/new-visa-arrangements-to-support-hong-kong-passport-holders/) - Australia has a long history of attracting the world’s best and brightest individuals with capabilities that contribute significantly to our economic growth and job creation.Hong Kong has one of the largest Australian communities abroad, with around 100,000 Australians living in Hong Kong. With approximately 96,000 people from Hong Kong living in Australia, and more than
- [Law Changes for Incorporated Associations](https://www.mullinslawyers.com.au/resources/law-changes-for-incorporated-associations/) - The Queensland Government has recently passed an act reforming certain aspects of the Associations Incorporation Act 1981 (Qld). The act is titled the Associations Incorporation and Other Legislation Amendment Act 2020 (Qld) (Act). The Act has been introduced in an attempt to reduce red tape and improve the internal governance of incorporated associations.Who does the
- [What You Need to Know about the updates to the Industry COVID Safe Plan](https://www.mullinslawyers.com.au/resources/what-you-need-to-know-about-the-updates-to-the-industry-covid-safe-plan/) - As featured in Bowls Queensland’s August edition of the Queensland Bowler.The information contained in this article is current at the time of publication. Please note that elements of the Industry Plan may change as restrictions continue to shift.On 10 July 2020, in line with stage 3 easing of coronavirus restrictions a week earlier, the State Government
- [Curt’s tips for navigating the ‘new normal’](https://www.mullinslawyers.com.au/resources/curts-tips-for-navigating-the-new-normal/) - As featured in the Queensland Hotels Association’s August 2020 edition of the QHA Review.It has been great to see so many Queensland venues returning to some degree of normality over the past few months. What is becoming clear is that the road to recovery involves many swings and roundabouts – something we have witnessed in Queensland
- [The dos and don’ts of running club promotions post-shutdown](https://www.mullinslawyers.com.au/resources/the-dos-and-donts-of-running-club-promotions-post-shutdown/) - As seen in Clubs Queensland Club Insight August September edition. “Buy a main meal and go in the draw to win!”“Renew your membership now for a chance to share in $2,000 worth of prizes!”As Clubs continue to reopen following the COVID shutdown, you may be thinking about running “free entry” games such as these to get
- [Tips for entrants to the pub & hotel market](https://www.mullinslawyers.com.au/resources/tips-for-entrants-to-the-pub-hotel-market/) - As featured in the September Edition of Queensland Hotels Association’s QHA ReviewThere is no doubt that the first eight months of 2020 have been nothing like what we all expected when writing our New Year’s resolutions back in January. Despite the challenges and obstacles of the last few months, it has been fantastic to see
- [How to maximise the return of your catering agreement](https://www.mullinslawyers.com.au/resources/how-to-maximise-the-return-of-your-catering-agreement/) - As featured in the September Edition of Bowls Queensland’s Queensland Bowler magazine.As hospitality businesses look to explore alternative revenue opportunities in the wake of the COVID-19 shutdown, there are a number of factors to consider when entering into third party catering agreements. It is common for bowls clubs to enter into an agreement with a
- [Navigating these uncharted waters under financial distress](https://www.mullinslawyers.com.au/resources/navigating-these-uncharted-waters-under-financial-distress/) - As featured in the October Edition of Bowls Queensland’s Queensland Bowler.In the August 2019 edition of Queensland Bowler, we outlined the importance of assessing your Club’s solvency and, if necessary, how to reduce future risk. Of course, given everything that has transpired in 2020, these considerations are more pertinent than ever.The structure of your Club
- [Hefty fines highlight importance of complying with COVID Safe plans](https://www.mullinslawyers.com.au/resources/hefty-fines-highlight-importance-of-complying-with-covid-safe-plans/) - As featured in the October Edition of Queensland Hotels Association’s QHA Review.As many Hoteliers would know, OLGR inspectors have been out and about monitoring venues to ensure they are complying with the COVID Safe Industry Plan and other restrictions. Indeed, many of you will have heard about licensees who have been issued with infringement notices
- [Government further extends COVID-19 changes in relation to companies](https://www.mullinslawyers.com.au/resources/government-further-extends-covid-19-changes-in-relation-to-companies/) - The Federal Government has passed the Corporations (Coronavirus Economic Response) Determination (No. 3) 2020 which repeals Determination No. 1. This continues the modifications to the Corporations Act 2001 (Cth) previously brought in permitting the use of technologies for the purposes of conducting meetings and for the execution of documents.Determination No. 3 has commenced in that
- [The Retirement Living Code of Conduct - how do I comply and what's in it for my village?](https://www.mullinslawyers.com.au/resources/the-retirement-living-code-of-conduct-how-do-i-comply-and-whats-in-it-for-my-village/) - The Retirement Living Code of Conduct (the Code) has been operational for almost 12 months, however many village operators are yet to subscribe. In this article, Stuart Lowe examines the benefits of subscribing to the Code, what it entails and the particular consequences for Queensland retirement villages that do not subscribe.What is the Retirement Living
- [Queensland hoteliers welcome the extension of COVID-19 commercial rent relief](https://www.mullinslawyers.com.au/resources/queensland-hoteliers-welcome-the-extension-of-covid-19-commercial-rent-relief/) - As featured in the November Edition of Queensland Hotels Association’s QHA Review.As we approach the end of a tumultuous year, many Queensland hoteliers will welcome the State Government’s decision to extend the commercial rent relief code of conduct to 31 December 2020. Consistent with the extension of similar relief by other state governments, these extensions and
- [How to protect your patrons from gambling harm in the wake of COVID-19](https://www.mullinslawyers.com.au/resources/how-to-protect-your-patrons-from-gambling-harm-in-the-wake-of-covid-19/) - As featured in the November edition of Bowls Queensland’s Queensland Bowler magazine.It has been fantastic to see most Queensland clubs managing their COVID-19 operations well. While the changing regulations and restrictions imposed by the State Government have resulted in a dynamic, agile operational environment, we have found that most venues have been able to manage
- [That's a wrap for 2020](https://www.mullinslawyers.com.au/resources/thats-a-wrap-for-2020/) - As seen in the December/January edition of Bowls Queensland’s Queensland Bowler magazine. As this eventful year draws to a close, it presents an excellent opportunity to take stock of the lessons we have learnt in 2020, and highlight some important matters to consider as we head into the festive season.Changes to committee or constitutionWith many Clubs
- [Making the switch – Part 2: 8 steps to becoming a Company Limited by Guarantee](https://www.mullinslawyers.com.au/resources/making-the-switch-part-2-8-steps-to-becoming-a-company-limited-by-guarantee/) - As seen in the December January edition of Clubs Queensland’s Club Insight magazine. In the last edition of Club Insight I looked at some of the pros and cons of switching your club from an Incorporated Association (“Association”) registered under the Associations Incorporation Act 1981 (Qld) (“AI Act”), to a Company Limited by Guarantee (“CLG”) registered
- [2020 is a wrap (or was it a burger of a year!)](https://www.mullinslawyers.com.au/resources/2020-is-a-wrap-or-was-it-a-burger-of-a-year/) - Most of us won’t remember 2020 as a Michelin 3 star gourmet type of year.
- [Removal of Foreign Investment Review Board (FIRB) Exemption for Deceased Estates](https://www.mullinslawyers.com.au/resources/removal-of-foreign-investment-review-board-firb-exemption-for-deceased-estates/) - Anyone that practices in estate planning or estate administration needs to urgently familiarise themselves with the recent legislative changes to the Foreign Acquisitions and Takeovers Regulation 2015 (Cth) (Regulations).
- [Being Laid to Rest: a Cautionary Tale of Warring Executors](https://www.mullinslawyers.com.au/resources/being-laid-to-rest-a-cautionary-tale-of-warring-executors/) - One of the first duties that an executor must fulfil is to arrange a funeral and a burial or cremation.
- [Interim Authorities: Tips and Traps](https://www.mullinslawyers.com.au/resources/interim-authorities-tips-and-traps/) - In the last year or so, there has been a notable rise in the use of "interim authorities" and "special authorisations" allowing new licensees to sell liquor and conduct gaming at venues, even before the new licensee has been approved for the transfer of a liquor licence or the grant of a gaming licence.
- [Lessons From Crown's Latest Crisis](https://www.mullinslawyers.com.au/resources/lessons-from-crowns-latest-crisis/) - Whether you're talking about the latest season in a popular Netflix drama or Harry and Meghan's interview with Oprah, one thing's for sure - the last few months have been a rollercoaster for the Crown.
- [Bureau Boms on Branding](https://www.mullinslawyers.com.au/resources/bureau-boms-on-branding/) - At one point in the early 1990's, it was quite a compliment to be referred to as 'da bomb' – urban slang meaning simply outstanding; amazingly good; draws no comparison.
- [Why Suspend Your Liquor Licence?](https://www.mullinslawyers.com.au/resources/why-suspend-your-liquor-licence/) - In last month's edition of QHA Review I wrote about interim authorities and special authorisations, which allow a person to sell liquor and to conduct gaming at a particular venue, before that person has been approved for a transfer of a liquor licence and/ or the grant of a gaming machine licence.
- [Closing a Gaming Room – Not as Easy as You May Think!](https://www.mullinslawyers.com.au/resources/closing-a-gaming-room-not-as-easy-as-you-may-think/) - Clubs have become very good at ensuring their gaming rooms can remain operational with minimal disruption during renovation works.
- [Liquor Licence Transfers: A Quick Refresher](https://www.mullinslawyers.com.au/resources/liquor-licence-transfers-a-quick-refresher/) - Within the last five months we have noticed a flurry of activity within the pub and hospitality space.
- [Further Conditions on Gaming Licence Applications](https://www.mullinslawyers.com.au/resources/further-conditions-on-gaming-licence-applications/) - Over the last 12 months, many of our clients have applied for new gaming machine licences on what are commonly referred to as "greenfield sites".
- [Brisbane to Host the Olympics in 2032: Some Thoughts for the Industry](https://www.mullinslawyers.com.au/resources/brisbane-to-host-the-olympics-in-2032-some-thoughts-for-the-industry/) - I am sure everyone is as excited as I am that the Olympic Games will make their way to Brisbane in 2032.
- [When New Employers Take Over Old Injury Claims](https://www.mullinslawyers.com.au/resources/when-new-employers-take-over-old-injury-claims/) - It is not uncommon for businesses to be bought and sold, but what happens when the new owner of a business learns about a claim for damages for personal injuries suffered before the purchase?
- [Safeguarding Minors in the Sports Industry](https://www.mullinslawyers.com.au/resources/safeguarding-minors-in-the-sports-industry/) - It is time for participants in the sports industry to ensure they have implemented and are following best practice in the prevention of and response to any instances of bullying, sexual harassment or sexual assault.
- [Human Rights and Anti-Discrimination – Key Considerations for Clubs](https://www.mullinslawyers.com.au/resources/human-rights-and-anti-discrimination-key-considerations-for-clubs/) - Community sentiment in relation to the importance of preserving human rights appears to be at an all-time high and this has been reflected in the number of complaints that have been made to the QLD Human Rights Commission (QHRC) recently.
- ['Save Women's Sport' Bill Introduced Into Parliament](https://www.mullinslawyers.com.au/resources/save-womens-sport-bill-introduced-into-parliament/) - We have seen the Sex Discrimination and Other Legislation Amendment (Save Women's Sport) Bill introduced into Parliament prior to this year's federal election.
- [Brisbane 2032 Olympic and Paralympic Games Legal Structure and Organising Committee](https://www.mullinslawyers.com.au/resources/brisbane-2032-olympic-and-paralympic-games-legal-structure-and-organising-committee/) - The Brisbane 2032 Olympic and Paralympic Games will be governed by the Olympic Host Contract.
- [Risk of Defamation Claims Remains for Social Media Hosts](https://www.mullinslawyers.com.au/resources/risk-of-defamation-claims-remains-for-social-media-hosts/) - Anyone who hosts a social media page or forum and allows others to post to it should remain on high alert of the risk of being sued for defamation and facing substantial damages claims.
- [Don't Be Blindsided by Out-of-Date Security Registrations](https://www.mullinslawyers.com.au/resources/dont-be-blindsided-by-out-of-date-security-registrations/) - We recently helped a client with a matter where a $2 search would have returned a better-than 1000 to 1 cost saving, whilst saving them a lot of angst.
- [Interim Authorisations - Settling before liquor/ gaming approvals](https://www.mullinslawyers.com.au/resources/interim-authorisations-settling-before-liquor-gaming-approvals/) - An 'interim authority' (for liquor) and 'special authorisation' (for gaming) (together referred to as "Interim Authorisations") allow new operators to sell liquor and conduct gaming prior to the finalisation of liquor licence transfers or grant of a gaming licence
- [High Court Considers the Weakest Link](https://www.mullinslawyers.com.au/resources/high-court-considers-the-weakest-link/) - Last month the High Court confirmed that publishing hyperlinks to defamatory material which is written by others will generally not amount to publication (or republication) of the defamatory material.

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