Insights
Stay informed with the latest legal updates, expert commentary and practical advice from the team at Miller Harris Lawyers.
Do you need to comply with a dispute resolution clause in your contract before commencing proceedings?
Many contracts contain clauses requiring the parties to participate in an alternative dispute resolution process before commencing court proceedings. When a contractual relationship between the parties falls apart, the aggrieved party will often prefer to commence...
When is it okay to record and publish private conversations?
Recently, the popular press has been broadcasting secret recordings made by a former One Nation insider. The Federal Opposition has used the recordings to call for a police investigation. For her part, Senator Pauline Hanson has sought an injunction, preventing the...
Conveyancing Update: Changes to CGT Withholding Regime
Last year, with effect from 1 July 2016, the foreign resident capital gain withholding tax came into effect following amendments to the law regarding Capital Gains Tax (“CGT”). The changes to the CGT laws required that sellers of land in Australia (or mining,...
How to conduct yourself during a separation to get the best result
Six top tips from nearly a decade in family law Julie Hodge - Senior Associate Having worked in family law for nearly a decade now, I have been reflecting on the enormous number of variables that affect the outcome of a family law settlement, and those that the client...
World Elder Abuse Awareness Day
In the 2016 financial year, the Elder Abuse Prevention Unit estimated that just over $280 million dollars had been misappropriated by 89 attorneys. The available evidence suggests that most elder abuse occurs within the family and is intergenerational, with mothers...
Agent suffers $1.6M judgment for misrepresentation
In a decision handed down just a few weeks ago, a real estate agent has been ordered by the Supreme Court to pay the sum of $1,640,252.00 after a finding of misrepresentation in connection with the sale of a shopping centre. The purchaser of the shopping centre made a...
Sunday penalty rate changes as of 1 July 2017
Earlier this year, the Full Bench of the Fair Work Commission made a decision to reduce public holiday and Sunday penalty rates. The reduction to the Sunday penalty rates will be introduced gradually over the next 4 years. Summarised below are the changes that will...
Debt Collection
Does someone owe you money? If so, you may be wondering how you can recover that debt. As a general rule, the time limit for commencing proceedings to recover debt is six years from the last payment, however this may vary depending on the nature of the debt owed. In...
Landlord and lessee obligations in respect of asbestos
Any person with management or control of a workplace or any person who conducts a business or undertaking at a workplace should consider whether they are complying with the requirements of the Work Health and Safety Act 2011 and the Work Health and Safety Regulations...
Miller Harris Lawyers wins Queensland Law Society Equity and Diversity Award for the second year in a row
Miller Harris Lawyers, one of the leading law firms in North Queensland, has won the Queensland Law Society (QLS)’s Equity and Diversity Award for 2017 in the Small Legal Practice Category (legal practices with 20 or fewer legal practitioners). This is the second...
Compulsory Farm Debt Mediation arrives in Queensland
From 1 July 2017, it will be compulsory for lenders to offer to mediate with farmers, before taking enforcement action under a farm mortgage, under the Farm Business Debt Mediation Act 2017 (“Act”) passed on 30 March 2017. ‘Enforcement action’ means taking possession...
The 2017 budget seeks to address the overburdened family law system
The government has allocated tens of millions of dollars in the 2017 budget to try to address the over-burdened family law system. Budget measures include: a comprehensive review of the family law system by the Australian Law Reform Commission; a desperately needed...
What happens when a tenant is in breach of a lease agreement?
Where a tenant or lessee is in breach of their obligations under a lease, section 124 of the Property Law Act 1974 requires the landlord or lessor to issue to the tenant a ‘notice to remedy breach’ before exercising any right to terminate the lease. To be effective...
What you need to know when buying your first property
The purchase of property is one of the biggest financial decisions that we make in our lifetime. Many people find the conveyancing process quite daunting or time consuming. If you have purchased property within Cairns or surrounds, we would love to assist you with...
Division 7A and Family Law Property Settlements
Many family law property settlements include some form of taxation issues, particularly in cases which involve family businesses and companies. In these circumstances Division 7A of the Income Tax Assessment Act 1936 (Cth) must be considered by the parties and often...