Legal News & Resources

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October 2019

Welcome to our October E-News!

In this issue, you can learn more about:

  

              

Varying the terms of a Will after death 

In Australia, a person is theoretically free to choose who should benefit from his or her estate. Testamentary freedom is a well-founded principle. This principle however may be subject to community expectations of moral obligations.  Consequently, in some circumstances a Court may order that the terms of a Will be varied to satisfy a claim by an eligible person. 

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Minimising directors’ liability - deeds of insurance, access and indemnity

Company directors have many responsibilities when carrying out their duties.  Generally, company directors and officers are not personally liable for a company’s debts. However, certain circumstances can arise where directors may find themselves facing legal or other regulatory action, potentially exposing them to personal liability. Generally, the more complex the role, the greater the risk.

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Employees, independent contractors and 'shams' in the construction industry

It is common for builders and other participants in the construction industry to utilise contractors to carry out specific trade work such as concreting, plastering, bricklaying and plumbing.  Business operators, however, need to be cautious when ‘hiring’ skilled or other labour, to ensure that they are not in breach of provisions of the Fair Work Act 2009 (the FWA’) which prohibits a person from misrepresenting ‘employment’ as ‘independent contracting’, commonly known as ‘sham contracting’. These arrangements are common in the construction industry and are illegal.

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Brendan takes helm at Maroochydore Chamber of Commerce

After being a member of the Maroochydore Chamber of Commerce Executive Committee for the past 8+ years, GW Partner Brendan Bathersby was recently elected as President and is now keen to continue to grow the Chamber membership and ensure that it meets the demands and expectations of businesses in Maroochydore and the greater Sunshine Coast region.

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