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The federal government is in a consultation process to consider reform to law relating to restraints.  In April 2024, the treasury produced an issues paper “Non-competes and other restraints: understanding the impact on jobs, business and productivity” which is available at treasury.gov.au.  The issues paper identifies the typical types of restraint clauses on employees, including: The […]

In the recent decision of Brightman & Ors v Royal Pines Projects Pty Ltd [2024] QSC 149, His Honour Justice Applegarth considered the implied obligation of contractual parties to cooperate in the context of a number of “off the plan” sales.  Relevantly: The Applicant buyers bought the application before the Supreme Court for relief based […]

Many people use discretionary or family trusts in their asset holding, for perceived asset protection and income distribution advantages. Often, these trust deeds are bought “off the shelf” by providing basic information to the supplier which then issues the trust deeds in a standard form. For the purposes of estate planning, there are a number […]

The QBCC was recently given guidance by a member of QCAT who considered that this guidance would be useful to “assist the Commission” when dealing with claims under the Statutory Insurance Scheme. Member McVeigh, in King & McDonald v Queensland Building and Construction Commission [2024] QCAT 138 observed that the Statutory Insurance Scheme was to […]