Legal Update – Changes to Queensland Progress Payments Legislation


On 11 September 2014, the Queensland State Parliament passed amending legislation in relation to the widely anticipated changes to the Building and Construction Industry Payments Act 2004 (Qld) (“the Act”).  The changes will not take effect until formal approval has been granted by the Governor-General, but this can be expected before the end of the year.

Key changes introduced by the new laws include:  Continue Reading

Legal Update – Reprieve At Last for Employers from Employee Claims


In a highly anticipated judgment, the High Court of Australia last week reversed a decision of the Full Federal Court of Australia in finding that there is no implied duty of mutual trust and confidence in Australian employment contracts.

The case concerned a bank manager with the Commonwealth Bank of Australia (CBA) who had brought a claim against his former employer after being made redundant in April 2009. Continue Reading

Legal Update – New Laws for Residential Property Developers

21 MAY 2014

This month new legislation was passed by Queensland parliament which will have a significant impact on transactions for property developers and the procedure for the sale of residential properties.

The Property Occupations Act 2013 in effect replaces the Property Agents and Motor Dealers Act 2000 (“PAMDA”) and will commence once it receives final approval from the Governor-General in the coming months. One of the goals of the new legislation is to remove some of the more restrictive requirements contained in the PAMDA legislation and help to streamline conveyancing transactions.

Key changes introduced by the new legislation include: Continue Reading

Legal Update – Reasonable Endeavours Obligations

21 MAY 2014

In our Kinneally Miley Law Update in January 2013, we explained the purpose and effect of the obligation to use “reasonable endeavours” to achieve a specific contractual objective. In a recent case, the High Court was asked to revisit this type of obligation and in doing so made some comments to assist contracting parties to further understand this obligation.

The High Court case concerned a gas supply agreement between Woodside Energy Ltd (“Seller”) and Verve Energy (“Buyer”) which contained a clause requiring the Seller to use reasonable endeavours to supply an additional amount of gas if required by the Buyer. Continue Reading

Legal Update – Reform of Planning and Development Laws and Processes

21 MAY 2014

The Queensland Government is currently preparing for a reform of planning and development legislation with a view to introducing a number of changes with the aim of streamlining the application and approval processes, reducing red tape and costs for developers and generally encouraging development and economic growth.

The proposed new legislation is still a number of months away from being finalised, but we encourage developers to keep up to date with the types of changes that are likely to be introduced by the new laws, with a view to staying ahead of the market in terms of knowledge and planning.

Key changes currently planned under the proposed new laws include: Continue Reading