Newsletters

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Walker PenderNewsletters

Family Law Part 1 – Facebook and Domestic Violence

USUALLY when people think of domestic violence, they think of physical abuse, but did you know it can include online acts and conduct? The most common form of online domestic violence is threatening or abusive messages. In family law matters, courts have taken a wide view of what counts as a threatening or abusive post and evidence from social media … Read More

Walker PenderFamily Law Part 1 – Facebook and Domestic Violence

Let’s talk about quad bike safety

QUAD bike safety is an important topic. This is particularly so in our community where there are farms and rural workplaces that often use quad bikes. The reality is that quad bikes are a major risk area for serious injury or death. Safe Work Australia compiles the data relating to quad bike fatalities. In the eight years from 2011 to … Read More

Walker PenderLet’s talk about quad bike safety

Employer and individual liability for workplace safety

LAST week I spoke about an employer’s duty to manage risks to the mental health of its workers. Of course, an employer must also manage risks to their workers’ physical safety. If they fail to comply with their obligations, the employer is at risk of being prosecuted by Workplace Health and Safety (“WHS”). This may include the individual with responsibility … Read More

Walker PenderEmployer and individual liability for workplace safety

Mental health in the workplace

AN EMPLOYER has a duty to manage risks to the mental health of its workers. It arises under both common law and Queensland legislation, primarily the Work Health and Safety Act 2011. If you are an employer you need to ensure your workplace is mentally healthy and that you are adequately managing risks within your organisation to the mental health … Read More

Walker PenderMental health in the workplace

Household Worker insurance?

AS BUSY individuals, we sometimes pay cleaners, babysitters, gardeners and others to help us at home. There is a common misconception these people are always contractors, as opposed to employees. But that may not be the case. You have a duty of care to entrants on your property to take reasonable steps to avoid exposing them to risk of injury. … Read More

Walker PenderHousehold Worker insurance?

New cladding laws for private building owners

I WOULD be surprised if combustible cladding is a term you have never heard. The tragedy of the Grenfell Tower fire in 2017 was a catalyst for the increased media focus on cladding, but it certainly was not the first event of its kind. Part 4A of Queensland’s Building Regulation 2006 was introduced by the Building and Other Legislation Cladding … Read More

Walker PenderNew cladding laws for private building owners

Wills – what are they and why you should have one

A “WILL” is a legal document stating your wishes regarding the division of your estate, that is, your money and assets, after you pass. You also appoint someone to administer your estate, known as an Executor, usually a family member, close friend or legal advisor. If you die without a Will, this is called dying intestate and your estate will … Read More

Walker PenderWills – what are they and why you should have one

THE “RIGHT” OF AN ACCUSED PERSON TO BAIL

A cornerstone of the Common Law upon which the Australian Legal System is based is the “presumption of innocence”. This means of course that if you are accused of a crime, you do not have to prove you are innocent.  Instead, it is the job of the Prosecutor to prove you are guilty beyond a reasonable doubt. Consistent with this … Read More

Walker PenderTHE “RIGHT” OF AN ACCUSED PERSON TO BAIL

Debt Recovery

I OFTEN receive inquiries from businesses or individuals that are owed a debt. Generally, by the time I receive a call, they have made numerous unsuccessful attempts to recover the debt. At that point, they are looking for legal options. There are many different types of debt, including unpaid accounts and invoices, money lent but not repaid and work done … Read More

Walker PenderDebt Recovery

Dual “Notifiable Incident” Obligations in Building Industry

THE Queensland Building and Construction Commission Act 1991 (QBCC Act) and Work Health and Safety Act 2011 (WHS Act) define “notifiable incidents” as the death or serious injury or illness of a person. Under the QBCC Act, it includes an incident that exposes a person to a risk of serious injury or illness. Under the WHS Act, it includes a … Read More

Walker PenderDual “Notifiable Incident” Obligations in Building Industry