Insights
Stay informed with the latest legal updates, expert commentary and practical advice from the team at Miller Harris Lawyers.
What happens to my super when I die?
As a wills and estates solicitor I often hear the statement “I don’t have any assets, so I don’t need a will”. This couldn’t be further from the truth. I often respond with the following questions. Me: “Do you work?” Friend: “Yes” Me: “Do you have super?” Friend:...
Short term (holiday) accommodation in community title schemes – an international issue
For years there has been tension in some community (strata) title schemes involving conflicts between holiday makers and permanent residents. There have been attempts by schemes which are predominantly permanent residential complexes to outlaw holiday letting via...
Major Changes to the Building and Construction Industry: BIF
The Building Industry Fairness (Security of Payment) Act 2017 (“BIF Act”) was passed on 26 October 2017, just prior to the pre-election dissolution of the government. The BIF Act, introduces major changes for the building industry in 2018. What are the reforms?...
Doyles List
Miller Harris Lawyers is proud of our family law team, who were again voted by their clients and colleagues into the prestigious Doyles List of Leading North Queensland Family & Divorce Law Firms, recognising their expertise and experience as family lawyers. We...
National recognition of domestic violence protection orders
All states and territories have now passed legislation to facilitate the national recognition of domestic violence protection orders. These changes affect persons who have a current protection order in place and future applications for protection orders. Summarised...
Co-parenting through the chaos of Christmas time
Having assisted countless families over more than a decade as a family lawyer, I have observed that Christmas time can be a particularly stressful period for separated parents. Not only are there the usual stresses - buying the perfect gifts, arranging a festive...
The Ghost of Christmas Past
Estrangement from a child may still entitle them to more than just a lump of coal from your estate Christmas is a time when we reflect on the year that has been; we celebrate our triumphs and acknowledge our tribulations. It is often a time for forgiveness and new...
Major reform of labour hire in Queensland
The time has come for many businesses to prepare for the introduction of the Labour Hire Licensing Act 2017 (QLD). This Act breaks new ground in regulation and is a first for any Australian jurisdiction. The Act has the potential for very broad application. It...
What does the ‘Yes’ vote mean for family law?
Yesterday marked a significant milestone in Australian history, with the result of the Marriage Law Survey being released. Once same-sex couples are legally able to marry there will be minor ripple effects in family law practice. It will make property proceedings for...
Important deadline for those operating in the tourism industry
The Best of Queensland Experiences program was launched by the State’s Regional Tourism Organisations and Queensland Tourism Industry Council to identify the best experiences available within Queensland for visitors. Those who are accepted into the program may in the...
High Court affirms difficulty in creating a binding pre-nuptial or post-nuptial agreement
The High Court has allowed an appeal which demonstrates the difficulty faced by parties wishing to enter into a binding pre-nuptial or post-nuptial agreement that deals with their respective property in the event that the parties separate in the future. The parties in...
Attention small business owners – government grant open for professional advice and support of up to $5,000.00
The Queensland Government is currently accepting applications for the Small Business Entrepreneur Grants Program. This program is aimed at providing small businesses with access to legal and financial advice along with planning, coaching and training to assist...
High Court decides question of eligibility for election of dual citizens
On 27 October 2017, the High Court confirmed that any candidate who at the time of their nomination for election was a citizen of a foreign country is not eligible to be chosen to sit as a senator or a member of the House of Representatives. The court determined that...
New decision sheds light on the question: who keeps the engagement ring when parties separate prior to marriage?
The question who keeps an engagement ring when a couple separate prior to marriage has been an unresolved issue for some time. Until recently, the key authority on this point was the old English decision of Cohen v Seller which held that an engagement ring is a gift...
Employment law update: Industrial manslaughter laws introduced
Following two major tragedies in 2016 that resulted in the death of four patrons at the Dreamworld theme park and the death of two workers at the Eagle Farm racecourse, the Queensland Government has enacted new industrial manslaughter legislation aimed at reducing...