Insights
Stay informed with the latest legal updates, expert commentary and practical advice from the team at Miller Harris Lawyers.
Belle Gibson, author of The Whole Pantry fined $410,000 for misleading and deceptive conduct
Early this year, Belle Gibson was found by the Federal Court to have engaged in misleading and deceptive conduct and unconscionable conduct in relation to her promotion of her book and app “The Whole Pantry”. Ms Gibson was made famous when it came to light that her...
SPOTLIGHT: Electronic transfer of deposits under contracts
In a recent decision of the District Court, it was held that a deposit that is electronically transferred is taken to be paid on the date of the transfer, not the date that the funds are cleared. In this case the seller purported to terminate the sale contract on the...
The ACCC issues the first proceeding under the new unfair contract regime
Consumers and small businesses are often presented with standard form contracts and lack the time, expertise and bargaining power to critically analyse and negotiate the terms of these contracts. As a result, on 1 January 2011, the Australian Consumer Law (“ACL”) was...
Bankruptcy update
Ramsay Health Care Australia v Compton [2017] HCA 28 The High Court has handed down a significant decision which has created uncertainty when it comes to enforcing judgment debts by way of bankruptcy. Ramsay Health Care Australia (“Ramsay”) was owed money by Compton...
Airbnb? Not so fast!
The use of Airbnb is becoming increasingly popular in Australia’s capital cities and, whilst it appears yet to gain any substantial traction in the Cairns region, no doubt this will come soon. We are already starting to see properties being advertised for sale as...
Trade mark spotlight
The Trade Marks Act 1995 permits a person to apply for registration of a trade mark in respect of goods and/or services if they claim to be the owner of the mark and they either: use, or intend to use the mark; authorise or intend to authorise another to use; or...
Attention taxi and limousine licence holders and operators – Government grant closing soon
If you currently hold a taxi or limousine licence, or currently operate a taxi or limousine and you have a registered Queensland business, or are a Queensland resident, then you may be eligible to apply for a Queensland Government grant of up to $5,000.00 (excluding...
Did you get that in writing?
A recent High Court case reminds us that once a written contract is agreed, it is unlikely that other promises will be enforceable. In Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd & Anor [2016] HCA 26, Crown leased two restaurant premises to...
Huge fines for misleading and deceptive conduct
Hocking Stuart Richmond, a Victorian real estate agency has been fined $330,000.00 for engaging in misleading and deceptive conduct, by underquoting house prices to potential buyers. Hocking Stuart Richmond was found by the Federal Court in Director of Consumer...
Attention farmers: Government announces assistance for primary producers to create succession plans for their businesses
The Queensland Government has introduced a new Farm Management Grants Scheme which provides a rebate of up to 50% to primary producers to seek legal advice in relation to intergenerational succession planning for their farming business within their lifetime. If you...
Change to mandatory disclosure on commercial office buildings
Starting from 1 July 2017, it is mandatory for an owner, landlord or agent of commercial buildings or tenancies to produce and register a Building Energy Efficiency Certificate with the Building Energy Efficiency Register before they offer to sell, lease or sublease a...
Commercial consignments and the PPSA
One of the great advantages of Retention of Title clauses (prior to the Personal Property Securities Act) was that registration was not required — indeed, it wasn’t even possible. Now, registration of Retention of Title (“ROT”) security interests is required, and the...
Queensland Government reforms to domestic violence laws to increase victim protection
It is hoped that recent amendments to the Domestic and Family Violence Protection Act 2012 (Qld) (“Act”) which came into effect on 30 May 2017, will increase protection of victims of domestic and family violence. The Domestic and Family Violence Protection and Other...
Recent insolvency case law developments
In the Matter of Linc Energy Limited (In Liquidation) [2017] QSC 53 Justice Jackson of the Supreme Court of Queensland delivered his judgment in the matter of Linc Energy on 13 April 2017. It was an application filed by the liquidators pursuant to section 511 of the...
PPSA retention of title property
Retention of title property, in general terms, describes any property which is in the possession of one party (pursuant to the terms of some agreement) but where the title to the property does not pass to the possessor either at all, or until some precondition is met...