Insights
Stay informed with the latest legal updates, expert commentary and practical advice from the team at Miller Harris Lawyers.
Changes to binding child support agreements
On 1 July 2018, a number of changes came into effect in relation to binding child support agreements. Before highlighting the important elements of these changes and their significance, it is useful to look at what exactly a binding child support agreement is. What...
Construction Law Update
In our last construction law update we informed you that the changes to the Building and Construction Industry Payments Act 2004 (BCIPA) being introduced by BIF (the Building Industry Fairness Act 2017), were to be delayed until December 2018. A summary of the...
Badgering, Bullying and Bodies Corporate: The Fair Work Anti-Bullying Laws extend further than you might think
Following a recent decision of the Fair Work Commission on bullying in the workplace, you may be surprised to learn just how far the anti-bullying laws extend. The definition of “worker” under the Fair Work Act is given a much wider meaning than just the traditional...
Do you need to attend mediation or Family Dispute Resolution prior to going to court in relation to parenting matters?
The Family Law Act facilitates what is known as compulsory family dispute resolution. This requires parents to attempt to mediate their parenting dispute with a family dispute resolution practitioner ("FDRP"), prior to commencing proceedings in court. If parties...
A Strategic Alliance
We are pleased to announce an exciting new strategic alliance between Miller Harris Lawyers of Cairns, and the Brisbane Family Law Centre. As you know we, at Miller Harris Lawyers, have worked with North Queensland businesses and individuals for over 25 years in a...
Reforms to combat illegal phoenix activity
Illegal phoenix activity is a means by which unscrupulous company directors seek to avoid payment of a company’s creditors. It typically involves the transfer of a business (or assets) from one company shell to another, without properly recognising the value of the...
Family and domestic violence leave entitlements
On 1 August 2018, the FairWork Commission introduced unpaid domestic and family violence leave into all Modern Awards. The move is seen as a significant step forward in addressing the prevalence of domestic violence in society, and providing assistance for those who...
BEWARE! The consequence of releasing assets to an executor without a grant of probate
An executor, when administering an estate, may try to avoid obtaining a grant of probate of the deceased’s will. In this situation, the executor will often request that the party holding the assets on behalf of the deceased (i.e. a bank) waive the production of a...
5 Ways to Assist a Loved one Through Separation
Separation is one of the most difficult things an individual can go through. It is understandable that you, as a loved one of a person going through a separation, want to be there and show your support. As family lawyers we see how important the support of loved...
The new GST withholding obligations for buyers
From 1 July 2018, purchasers of new residential property across Australia will need to withhold the GST component of the purchase price of their property and remit it directly to the ATO as part of the settlement process. The changes introduce fairly onerous...
The Restructure of the Family Courts
The government last week announced a proposal to restructure the family court system. The proposal is one of most significant changes to Australian family law in many years. The proposed changes have been met with widespread media attention and scrutiny. Several of...
World Elder Abuse Awareness Day – 15 June
Today is World Elder Abuse Awareness Day. Elder abuse is a global issue which affects the well-being and human rights of our older generations. It is an issue that deserves worldwide attention. Elder abuse is any act that that causes harm or distress to an older...
Reduction in first home owner’s grant
Attention first home buyers! The government has recently announced that on 1 July this year the first home owner’s grant will be reduced from $20,000 down to $15,000. Any contracts entered into after 30 June will only be eligible for the reduced amount. In...
How to reduce tax and protect your wealth for future generations through the use of a testamentary discretionary trust
Do you want to minimise tax implications and ensure that your hard earned assets are passed on to future generations in a protected environment? If your response was “Yes!”, then a testamentary discretionary trust might be just what you need in your estate plan. What...
Major changes to the BCIPA and QBCC Act remain on hold
Major changes to the Building and Construction Industry Payments Act 2004 and QBCC Act which were expected to commence as early as July this year remain on hold. Minister for Housing and Public Works, Mick de Brenni, has made a media release today announcing further...