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The Mineral and Energy Resources (Common Provisions) Act 2014 (Qld) provides an avenue for landholders who have entered into conduct and compensation agreements (CCAs) with gas, mining and other resource companies to have the compensation under those CCAs reviewed where they have suffered a material change in circumstances since the date of that agreement. Section 101 of the Act gives the Land Court broad jurisdiction to review the compensation payable under CCAs where either

Employees who refuse to be vaccinated for COVID-19 or take a flu shot if requested to do so by their employer risk termination following a recent majority decision by the Fair Work Commission Full Bench, says legal firm Creevey Russell Lawyers. Aged care receptionist Jennifer Kimber was sacked from a NSW south coast nursing home in July last year after refusing to have a flu jab after it was made mandatory by the NSW government. The Fair Work Commission Full Bench this week r

The construction industry makes up for 8.8% of the total Australian workforce - encompassing over 1.15 million employees (ABS seasonally adjusted data) in Australia. (lmip.gov.au) It is obviously a very broad field of work including of residential and commercial builders, plumbers, electricians, labourers, traffic controllers, plant operators and the list goes on. The risks of injuries faced by these workers varies depending on the specific line of work being performed and th

If you have been hurt due a motor vehicle accident in Queensland of which you were not at fault you may be able to make a compensation claim. Hit and Run Motor Vehicle Accidents The term ‘hit and run’ is used to describe the situation where an at-fault vehicle flees a scene of a car accident.. Those who have fallen victim to a hit and run incident are not only left to suffer with their injuries, they are also hampered by the added challenge of identifying the second party – e

It’s not always physical. Psychological injuries can arise from stress, bullying and heavy workloads as well as being secondary to physical injuries. Many people are not aware that if you suffer a psychological injury at the fault of another person, you can be compensated in the same way as someone who suffers physical injuries. The consequences of psychological injuries can be devastating and prevent a person from working for a long period of time. Over time, the loss suffe

Increase in Farm Worker Injury Claims in Queensland There’s a reason why a hard push for workplace and personal safety amongst Australian farms has come about in the past 10 years. According to Work-Related Traumatic Injury Fatalities published by Safe Work Australia, the agriculture, forestry and fishing industry saw the highest fatality rate at 18.4 per 100,00 workers. (Worksafe QLD, May 2021) Further, a survey of Agriculture workers in 2009–2009 10 found 17,400 had incurr

It’s important to remember your rights if you are facing arrest. Although you may disagree with an arrest, the act of physical resistance or evasion from a police officer’s lawful arrest will be considered a crime. Unfortunately, many fail to understand that this resistance can come with negative consequences. In Queensland, the police have rights to arrest in a range of situations. In most cases it is lawful for a police officer to arrest an adult if they have an arrest warr

Whether it’s the smart mouth know it all or the zip lipped home buyer, Real Estate Agents have their work cut out for them, so there is nothing worse than dealing with a difficult client just to have the deal fall over during the conveyance. There are basic steps which both agents and conveyancers need to keep in mind when dealing with difficult parties: (a) Pre-contractual advice Give the client the option to talk to their conveyancer before entering into a contract. It remo

Quick, Nimble, and easy to miss. Are you being ripped off? Before you drive away in your brand-new sports car, family van, or all-rounder it’s important to make yourself fully aware of what you are sitting in. It is becoming increasingly common for cars to break down at the end of the block, or within a few days of purchase. The common view of car dealerships is that a salesperson will do everything in their power to rip you off to make more money, but what you don’t know mig

The Consequences of Speeding in Brisbane | Traffic Offences If caught speeding, it can range from a demerit points loss to a fine. In more serious cases, you can end up with license suspensions and lose your authority to drive on the Queensland roads. First, let’s get it straight. Speeding is defined as driving over the signed speed limit, or at a speed that is not appropriate for the driving conditions such as rain, fog, traffic volume/flow. Speeding is the wrong road to tak

The immediate aftermath of being charged with an offence or being arrested, oftentimes leads to time custody to await your next court appearance. How long one stays in custody can vary, all the way from a short few hours to until the next arranged court date. So, what variable plays a part in the time spent in custody? The answer is ‘bail’. ‘Bail’ is a written promise known as a bail undertaking to appear in court on a particular date. (qld.gov.au) It’s important to carefully

It’s Tax Time in Australia. Are you prepared? With the End Of Financial Year steadily approaching, we’ll be addressing the common questions regarding Australian tax law and taxation offences. “What is tax crime?”; “What are the most common taxation offences?” and; “What are the consequences for serious tax offences?” Tax Crime Explained Tax crime is the abuse of the tax and super systems for one’s financial benefit. “Tax crime includes hiding cash wages, avoiding tax, u

After studying his degree at the Queensland University of Technology (QUT) for four years, Daniel Creevey Jr was recently admitted as a solicitor at the Supreme Court of Queensland. Following in the footsteps of his father Dan Creevey Sr, the 23-year-old lawyer was appointed at Creevey Russell Lawyers. His father and aunt Clare Creevey are co-principals of the local law firm where Mr Creevey Jr worked as a law clerk in the crime and misconduct division while completing his de

A Toowoomba landowner has successfully obtained an injunction in the Supreme Court of Queensland to stop a developer carrying out unapproved and unlawful earthworks on an adjoining property which caused erosion on his land after Toowoomba Regional Council (TRC) failed to take action. Creevey Russell Lawyers Principal Dan Creevey, who represented the landowner, said the Court granted the firm’s application for a mandatory injunction and ordered the developer to pay costs. Mr C

A phenomenon that takes ‘standing up for yourself’ to new extremes. An inside look: self-representation in court. There’s been a mass increase in the self-represented cases in court. The main driving aspect for this increase is to avoid engaging a lawyer to assist you (due to fear of costly expense). However, as many have found, their self-representation ends up being more costly in the long run. If you have been thinking of self-representation, you may want to think again. B

The number of applications made under the Domestic and Family Violence Protection Act has been rapidly increasing. An application made against you can have considerable negative impacts in your life. On the other hand, they are important if you need urgent assistance. But It’s not all black and white. In light of this, it’s time to reconvene and reassess. First: What is a Domestic Violence Order, who is involved and what are the types? What is a Domestic Violence Order? “A do

Being charged with a criminal offence can be a harrowing and anxiety filled process. But just because you may have taken a wrong turn in life, or are alleged to, doesn’t mean that the consequences for that wrong turn are completely unavoidable. No matter how you came to this point - it’s how to proceed from here that will see you through. Because no matter the charge (minor or significant) the point remains that if your liberty is at stake you need to be proactive in mounting

We all know the old saying ‘you do the crime; you do the time’ however nowadays it can be more complex than that. We have all seen and heard on American tv or film the term plea bargain. But do we know exactly about the legal terms and the ins-and-outs of Australian Law? At some stage, you may either directly or indirectly be heavily involved in judicial circumstances – so it is best to stay (at least a little bit) on top of things. So, today – we discuss Plea Bargains or oth

Recently, the Australian Institute of Health and Welfare reported that 40% of convicted Australians identified as having previously received a mental illness diagnosis. And alarmingly, further studies highlighted that approximately one in five mentally ill Australians will come into contact with the criminal justice system at least once in their life. (aihw.gov.au/) For most of us, these statistics will raise many questions. Before we delve deeper, let’s brush up on the facts