In instances where Hemming+Hart does not have jurisdictional competence, Hemming+Hart will form alliances with professionals who are able to deliver excellence in their work. Our client is then able to deal directly with our business partner or have the process managed by their Hemming+Hart lawyer.

Pathway for deciding parenting matters

Parenting Orders versus Parenting Plans

My ex is making all the important decisions for our child.  What can I do?

Property Settlement Flow Chart

After Separation - Consent Orders versus Financial Agreements

Separation - the first four weeks

Spending the night vs a de facto relationship - am I really in a de facto relationship and what does that mean?

Property Settlement flow chart

After Separation - Consent Orders vs Financial Agreements

You will need to consider the cost and likely implications of applying to the local council for a development approval for the reconfiguration of the property. Whether or not the subdivision is approved and whether conditions will be imposed is a matter for Council. Additionally, persons affected by the proposed subdivision may have rights to object to the application. You will also need to consider the tax implications in relation to the scale of the proposed subdivision which might involve issues of Capital Gains Tax and GST.

A home might be able to be renovated within certain strict guidelines to which would still conserve Queensland 's cultural heritage in the home. A search should be undertaken to determine whether or not a home is listed on the State's Heritage Register under the Queensland Heritage Act 1992 or whether or not it is subject to some other designation of the local Council which might otherwise affect the ability to develop or renovate the home.

Separation - the first four weeks

My adult child is getting divorced - Will I still get to see the grandkids?

My adult child is getting divorced - is our family business safe from our son or daughter in law?

My adult child is getting divorced - what about all the money we gave/loaned them?

How safe is my family trust?

Steps for Surrogacy Arrangements for birth parents and intended parents

Same sex couples - Parentage and babies born through artifical conception

No, but it is best to do so because that way you have a greater chance of your intentions being accurately reflected in the Will and to minimise conflict in the future.

For more information on this topic, please contact Katherine Manby.

It is a document that allows you to appoint a person that you trust to make decisions for you in certain circumstances. The types of decisions that you can allow someone else to make include financial/legal decisions, and/or personal health decisions, such as what you want to happen should you end up on life support with no chance of recovery. You can nominate someone to make financial/legal decisions at any time. You can only nominate someone to make personal health decisions at a time when you lack the capacity to do so yourself. This is typically if you become psychologically impaired.

For more information on this topic, please contact Katherine Manby.

Any and all things necessary to positively protect the testator's intention and to administer the Will according to its terms.

For more information on this topic, please contact Katherine Manby.

They should be stored securely in a place where the document is not at risk of theft, damage or loss. Banks offer security boxes for rental. Hemming+Hart provides its clients with a safe custody service at no charge.

Spousal Maintenance

Can my matter be determined in Australian Courts?

Child Abduction - Unlawful removal of children from Australia

Under the Workers Compensation & Rehabilitation Act 2003 (Qld) ('WCR Act'), it is an offence to provide information that is false or misleading.

If there is evidence that one of your workers has committed an offence under the WCR Act, their claim may not be accepted.  In the event the claim has already been accepted and evidence of fraud is later discovered, the worker's payments may be discontinued and the payments they have already received be demanded back.

Furthermore, prosecution against the worker who has committed the offence may be pursued and they may face penalties including fines, restitution and/or imprisonment.  If a court finds that an offence was in fact committed, the worker may lose the right to receive further benefits and lose the right to bring a common law action.

If you believe your worker has acted suspiciously, improperly or fraudulently, you should take action immediately and report the matter to the relevant body.

For more information on this topic, please contact Jon Meadmore.

As an employer, you must meet your obligations under the Workplace Health and Safety Act 1995 (Qld) (''WH&S Act').  You should assess any risks and implement sufficient control measures in order to prevent and minimise the likelihood of your workers being exposed to these risks.  Under the WH&S Act, you must ensure the following:

• provide and maintain a safe and healthy work environment;
• provide and maintain a safe plant;
• ensure the safe use, handling, storage and transport of substances;
• ensure safe systems of work; and
• provide information, instruction, training and supervision to ensure health and safety.

If you do not meet your obligations as an employer under the WH&S Act, a workplace inspector may use a range of measures against you to ensure you do comply, which could include enforceable undertakings, suspension or cancellation of a licence or accreditation or prosecution.

For more information on this topic, please contact Jon Meadmore.

A union official only has the right to enter your premises during business hours and if they hold a valid and current right of entry permit issued by Fair Work Australia.  A permit allows the official to:

• inspect any work, process or object relevant to the suspected breach;
• interview any person about the suspected breach whose interests the permit holder's organisation is entitled to represent and who agrees to be interviewed; and
• inspect and copy any record or document that is directly relevant to the suspected breach, that is kept on the premises or is accessible from a computer that is kept on the premises.

A written notice is usually required to be given to you before entering your workplace and should be provided to you no less than 24 hours and no more than 14 days before the proposed visit.  Permit holders must:

• abide by the conditions imposed on their permit;
• comply with reasonable occupational health and safety requests;
• comply with reasonable requests to hold discussions in a particular room or area;
• comply with reasonable requests that certain routes be taken to a room or area;
• act in a proper manner and not intentionally hinder or obstruct others; and
• not enter any part of the premises used for residential purposes.

For further information on this topic, please contact Jon Meadmore.

Workplace harassment refers to all forms of conduct within a workplace which humiliates, offends or intimidates.  This includes bullying, sexual harassment and other behaviours.  Work related bullying and harassment usually takes place within the workplace.  However, conduct outside the workplace may still amount to workplace harassment.

There are a range of potential legal actions which can arise from workplace harassment and/or bullying which include:

• Claims brought under the Fair Work Act;
• Prosecutions under OHS legislation;
• Breach of contract claims; and
• Claims brought under anti-discrimination legislation.

As an employer, if you receive a complaint of bullying and/or harassment in the workplace, you should take the matter seriously and respond to the complaint in a timely manner.  It is important to treat both the alleged victim and the alleged offender with impartiality and conduct a confidential and objective investigation.  Additionally, an employer should follow its own grievance policy to ensure that there are no procedural errors.

For more information on this topic, contact Jon Meadmore.

An employer may lawfully dismiss an employee provided that :

• there is a valid reason;
• procedure is followed in accordance with appropriate policies, contracts or industrial instruments;
• the dismissal is fair; and
• the proper notice of termination has been given.

An exception to the requirement to give notice of termination is where a worker is in serious breach of their obligations and the employer can generally terminate their employment with immediate effect for serious misconduct.

If the reason for dismissal is inappropriate, or the employer has not complied with the correct procedure, the employer may be open to a claim by the employee for unfair dismissal.  This process has the potential to be expensive and troublesome.

In order to avoid potential claims for unfair dismissal, it is important that employers understand how lawful dismissal can take place and even when a lawful dismissal can be unfair.

Under the national workplace system, there are special unfair dismissal arrangements that apply to small businesses.  The arrangement for small business employers provide for the following benefits:

• a minimum employment period of 12 months instead of six months (employees can't make an unfair dismissal claim in this 12 month period);
• a simple Fair Dismissal Code and checklist to help employers ensure dismissals are not unfair; and
• a special service for small and medium sized businesses from the Fair Work Ombudsman.

For more information on this topic, contact Jon Meadmore.