• January 14, 2019 in Commercial Law

    Helen Kay Joins Creevey Russell Lawyers

    Highly experienced senior commercial and property lawyer Helen Kay has joined leading Queensland legal firm Creevey Russell Lawyers as a Special Counsel.

    Creevey Russell Partner Damian Bell said Ms Kay has extensive legal experience and has worked within top tier firms in the United Kingdom and Australia as well as running her own legal practice and heading up various other successful commercial practices.

    “During her 16-year career, Helen has provided targeted commercial and property advice to listed companies, private and not-for-profit organisations, overseas clients, private investors and State Governments on all aspects of commercial transactional work including high profile developments, acquisitions, disposals and mergers,” Mr Bell said.

    “Helen has also provided specialist advice in relation to the acquisition and development of senior accommodation including retirement villages.”

    “Helen is passionate about working closely with her clients to understand their business and help them to achieve their strategic goals. She brings with her a wealth of experience and will be a valued team member and trusted legal advisor to our clients.”

    Ms Kay’s experience in corporate and commercial matters includes business sales and acquisitions, leasing, franchising, corporate structuring and commercial property transactions.

    “I am very excited about the opportunity to join and grow the commercial team at Creevey Russell Lawyers and to achieve successful outcomes for our highly-valued clients,” she said.

    “Creevey Russell are a well-established yet forward thinking law firm which, in the current climate, are attributes I believe all law firms need to possess. The technology and experience that the firm has to offer its clients are second to none.”

  • January 4, 2019 in Commercial Law

    Child Support Tensions Can Rise as New School Year Approaches

    The approach of the new school year can be a source of child support tensions between separated couples, says leading legal firm Creevey Russell Lawyers.

    Creevey Russell Principal Clare Creevey said the costs of new uniforms, books, extra-curricular activities, and private school fees can result in financial disputes between parents which the courts are often unable to resolve.

    “Generally, child support is not part of financial or parenting proceedings between the parents in Family Court matters,” Ms Creevey said.

    “Child support is dealt with by the federal Department of Human Resources (Child Support), also known as the Child Support Agency. A statutory formula is used to calculate the amount payable based on the number of nights the children spend with each parent, each parent’s income and the ages of the children. This formula does not otherwise take account of individual circumstances.”

    Ms Creevey said the statutory formula relevant to school costs will determine if more payments are required to care for, educate or train the children in the way that each parent intended.

    “If prior to separation, it was intended that the children attend private or boarding schools, the costs are likely to be more than any child support calculated and may provide a basis to apply for a variation,” she said.

    Ms Creevey said the alternative to resolving a child support matter through the Child Support Agency is to negotiate a child support agreement, either a limited agreement or a Binding Child Support Agreement (BCSA).

    “These agreements give certainty and clarity to the parties’ expectations and obligations, thus removing the potential for ongoing conflict,” she said.

    “If the agreement is a BCSA there is little limit to what can be achieved. There can be fixed sum payments, payments to third parties, requirement for the parties to agree before expenses are incurred, or requirement for a party not to unreasonably withhold consent to an expense being incurred.

    “It may be difficult to think about negotiating issues that affect just the parents immediately after separation. However, both parents are generally focussed on ensuring the children are protected from the separation.  If a BSCA can be negotiated and agreed in the early stages of separation, it may remove what would otherwise be one of the most bitter sources of conflict.”

    Further inquiries:

    Clare Creevey (07) 3009 6555

  • December 7, 2018 in Commercial Law

    Lime Scooters Could be a Lemon

    Consumers need to aware of the risks of using the popular Lime scooters currently being trialled in Brisbane because in the event of an accident they could be liable for personal or property damages, warns leading legal firm Creevey Russell Lawyers.

    Hundreds of the motorised scooters have been distributed around the Brisbane CBD, South Bank, Fortitude Valley and other inner-suburbs, with huge demand reported for the electric scooter service.

    But Creevey Russell Principal Dan Creevey says there are a number of legal risks consumers should be aware of before deciding to hire the scooters despite the Queensland government granting the service a temporary exemption.

    “The company’s website promotes the scooters as having a 250-watt motor and a maximum speed limit of more than 20km per hour. Queensland laws and regulations outline personal mobility devices are required to have a maximum speed of less than 20km per hour and not exceed 200-watts,” Mr Creevey said.

    “We are aware the State Government has provided an exemption for a period of time. Consumers, however, should be aware of the potential legal implications that can follow.

    “For example, the scooters are prohibited from being used on a road, except in very limited circumstances, and in the event of an accident, a person may have very little protection against claims for personal injuries or property damage caused to a third party.

    “In addition, people caught deliberately or accidentally damaging the scooters may face civil and/or criminal sanctions in some cases.”

    Creevey Russell says people should do their appropriate research and pay attention to the terms and conditions if they are considering using the scooter service.

    In the event an individual is involved in a legal dispute, of any description through the use of the scooter service, Mr Creevey said they should urgently seek legal advice to protect their interests.

    Further inquiries:

    Dan Creevey (07) 3009 6555

  • November 26, 2018 in Commercial Law

    Christmas Cheer Can Turn to Despair for Children of Separated Couples

    The Christmas holiday season can often see an increase in disputes over children between separated couples and even cases of parental abduction, according to leading legal firm Creevey Russell Lawyers.

    Creevey Russell family law specialist Jacinta Norris said the festive season can be an unfortunate time with a rise in parental abductions when one parent fails to return a child to the other parent in contravention of a court order or contrary to an informal agreement.

    Ms Norris said often the police are unable to assist in this situation because the parent who has failed to return the child has not committed a crime.

    “Even if there are formal court orders in place, contravening those orders does not constitute a crime,” Ms Norris said.

    “Contravening an order is a serious matter, but prosecution lies in a private contravention application filed in the Federal Circuit Court or Family Court by the other parent, and that is not something your local police can assist with. The police can, however, perform a welfare check on the children. That will be particularly useful if you have concerns about the ability of the other parent to meet the children’s immediate needs, or if there are safety concerns due to drug or alcohol abuse, violence or mental health issues.”

    Ms Norris said it is crucial for the welfare of their children that separating couples have proper plans in place for their care over the holidays.

    “It is also important that any agreement you have about when the child is to be living with or spending time with each parent is in writing, as it will assist the court to understand when the children should have been returned,” she said.

    “The only way to formalise legally binding parenting arrangements is through an application to the Family Law Courts, whether it be an application by agreement for the making of consent orders, or an application for the court to determine who the children will live with and how much time they will spend with the other parent. While an informal agreement is not binding, it is still useful to assist the court to understand what has been agreed between the parents.”

    Ms Norris said there are a range of orders available to the court to assist with the return of the children, including directing police to locate the children and return them, orders requiring the other parent to return the children at a specified time, suspending the other parent’s time with the children, requiring the parents to participate in parenting courses, and various other measures depending on the circumstances.

    Further inquiries:

    Jacinta Norris (07) 3009 6555

    About Creevey Russell Lawyers

    Creevey Russell Lawyers is a full service law firm which operates primarily from our Brisbane practice, with the capacity to provide superior legal services to western Queensland through our Toowoomba practiceCreevey Russell Lawyers deliver results to a variety of clients including developers, corporations, accountants, liquidators and private clientele.

  • November 23, 2018 in Commercial Law

    Don’t Let Drugs Sour Schoolies

    Drug Possession is an increasingly common offence, and with schoolies in full swing, leading law firm Creevey Russell Lawyers is advising schoolies to be aware of the impact of drugs and the impact charges can have on their life.

    The firm says that what constitutes possession is far wider than what an individual might commonly think.

    ‘Drug possession is an interesting area of law, depending on the circumstances alleged. Not only does possession encompass its ordinary meaning, such as drugs being found on an individuals, but it can also be constituted by a person having knowledge and control of a certain area’, Creevey Russell Lawyers Principal Dan Creevey said.

    ‘Take the example of an apartment being shared by eight school leavers. For whatever reason, police may execute a search warrant in the unit, and locate a bundle of ecstasy pills in the lounge room. Those pills may have been purchased and owned by one person, but a number of people can be charged with possession of the same illicit drugs in the circumstances’, Mr Creevey said.

    Mr Creevey said the Courts will look at the circumstances of the offence.

    ‘What the Courts look at is whether or not a person has knowledge or control of an illicit substance. In circumstances where the substance is not located on a person, but instead on common property, such as a lounge room table, actual possession is difficult to demonstrate. That is where the concept of occupier’s liability is relevant’. Mr Creevey said.

    ‘Occupier’s liability unusually attracts a reverse onus. Ordinarily, the law states that a person is presumed innocent of any offence until such point in time that their guilt is proven by prosecutions. Once occupier’s liability is raised, the onus is reversed, and an individual must demonstrate that they did not know, or ought not reasonably have known about the existence of the illicit substances. This can sometimes result in people being charged with possession of dangerous drugs, even though they never purchased drugs, due to the actions of their friends.

    The firm encourages school leavers to be aware of the extended definition of possession, to ensure they do not get charged as a result of actions of others.

    ‘Drug possession charges can be particularly serious. A mistake at this age can have a long-lasting impact on an individual’s future employment prospects and ability to travel, as well as the substantive penalty imposed. Those penalties vary depending on the type and quantity of drug located, as well as a number of other circumstances taken into account by the Courts’, Mr Creevey said.

    The best way to avoid drug charges is to not associate with drugs in any way, but in circumstances where an individual finds themselves in trouble, we encourage them to contact our office to support them through this stressful process.

     

  • October 30, 2018 in Commercial Law

    Exhibition Raises $7,000 to Battle Motor Neurone Disease

    An art exhibition and auction at the Toowoomba offices of leading legal firm Creevey Russell Lawyers has raised more than $7,000 to help in the battle against deadly motor neurone disease (MND).

    MND is a progressive, terminal neurological disease which affects the nerve cells (neurones) controlling the muscles that enable us to move, speak, breathe and swallow, causing them to degenerate and die. A person’s senses and intellect are not affected.

    Creevey Russell Principal Dan Creevey said the exhibition of paintings by leading Toowoomba-based artist Allan Cooney on Friday, October 26, was hugely successful in raising money and awareness in support of the Motor Neurone Disease Association Queensland.

    “MND Queensland do a fantastic job helping clients and their loved ones navigate the challenges of this terrible disease and it was an honour for our firm to support and raise much needed funds for them,” Mr Creevey said.

    “We were delighted to have MND Queensland CEO Lisa Rayner speak at the event and she outlined the invaluable services to MND sufferers that her organisation provides.

    “Fundraising is critical to MND Queensland’s ability to provide the support and services that people living with MND deserve. They currently only receive 7% of their income from the Government, and this will cease in mid-2019. They need certainly our support.”

    Mr Creevey said among the works sold at auction was a portrait of Grammy award winning English singer/songwriter Amy Winehouse, who died in 2011 aged just 27.

    “It was a fantastic gesture by Allan Cooney to offer the paintings for this worthwhile cause,” he said.

  • October 19, 2018 in Commercial Law

    Exhibition Focus on Tackling Motor Neurone Disease

    Raising much needed funding and awareness in the fight against motor neurone disease (MND) will be the focus of an art exhibition and auction next week at the Toowoomba offices of leading legal firm Creevey Russell Lawyers.

    MND is a progressive, terminal neurological disease which affects the nerve cells (neurones) controlling the muscles that enable us to move, speak, breathe and swallow, causing them to degenerate and die. A person’s senses and intellect are not affected.

    The exhibition of paintings by leading Toowoomba-based artist Allan Cooney on Friday, October 26, will help raise money and awareness in support of the Motor Neurone Disease Association Queensland.

    MND Queensland CEO Lisa Rayner will be speaking at the event and outlining the invaluable services to MND sufferers that her organisation provides.

    Creevey Russell Principal Dan Creevey said the firm was honoured to be hosting the exhibition and raising community awareness about MND.

    “MND Queensland do a fantastic job helping clients and their loved ones navigate the challenges of this terrible disease,” Mr Creevey said.

    “MND Queensland is also proud to support the research efforts of the Motor Neurone Disease Research Institute of Australia so that we can discover the cause of MND, and hopefully a cure, or at least in the meantime, effective treatments to improve people’s quality of life and increase life spans.

    “Fundraising is critical to MND Queensland’s ability to provide the support and services that people living with MND deserve. They currently only receive 7% of their income from the Government, and this will cease in mid-2019. They need our support.”

    Mr Creevey said among the works up for auction is a portrait of Grammy award winning English singer/songwriter Amy Winehouse, who died in 2011 aged just 27.

    “The auction will be conducted by Cyril Close who is one of this country’s leading auctioneers,” Mr Creevey said.

    All are welcome to attend and the event will be held from 6pm on Friday, October 26, 2018, at Creevey Russell’s Toowoomba offices, 580 Ruthven Street, Toowoomba.

    To attend click on https://www.creeveyrussell.com.au/art-show/; phone 07 4617 8777 or email

  • October 15, 2018 in Commercial Law

    Art By Allan – Exhibition

    Paintings by leading Toowoomba-based artist Allan Cooney will be exhibited and auctioned at a fund-raising event later this month hosted at the Toowoomba offices of Creevey Russell Lawyers.

    Creevey Russell Principal Dan Creevey said the exhibition on October 26 will help raise money and awareness in support of Motor Neurone Disease Association Queensland.

    Mr Creevey said among the works up for auction is a portrait of Grammy award winning English singer/songwriter Amy Winehouse, who died in 2011 aged just 27.

    “The auction will be conducted by Cyril Close who is one of this country’s leading auctioneers,” Mr Creevey said.

    Mr Cooney said the Amy Winehouse portrait had only recently been finished.

    “At Dan Creevey ‘s suggestion I have had fun with this painting, posting each stage of progress along the way,” he said.

    “Dan and Creevey Russell Lawyers are hosting the exhibition for me on October 26th at the Creevey Russell rooms in Toowoomba and this along with a few others will be offered for auction to raise funds for motor neurone disease research.”

    The event will be held from 6pm on Friday,  October 26, 2018, at 580 Ruthven Street, Toowoomba.

    To attend click on https://www.creeveyrussell.com.au/art-show/; phone 07 4617 8777 or email

     

  • September 13, 2018 in Commercial Law

    Tessa Knight Boosts Creevey Russell Legal Team

    Toowoomba-based lawyer Tessa Knight from leading legal firm Creevey Russell Lawyers has been admitted as a solicitor at the Supreme Court of Queensland.

    Creevey Russell Principal Dan Creevey said Ms Knight has been part of the Creevey Russell Commercial and Property team since January 2016, working as a paralegal while completing her law degree at the University of Southern Queensland.

    “Tessa has assisted with a number of complex matters including business sales and acquisitions, rural land sales and acquisitions, preparation of franchise agreements and negotiation of conduct and compensation agreements, and gained valuable experience as a member of our team,” Mr Creevey said.

    Ms Knight said she is looking forward to continuing to work with and develop relationships with new and existing clients, while expanding her knowledge in her practice area.

    “I am thrilled to be admitted as a solicitor and I am looking forward to more challenges with the team at Creevey Russell Lawyers,” she said.

    About Creevey Russell Lawyers

    Creevey Russell Lawyers is a full service law firm which operates primarily from our Brisbane practice, with the capacity to provide superior legal services to western Queensland through our Toowoomba practice. Creevey Russell Lawyers deliver results to a variety of clients including developers, corporations, accountants, liquidators and private clientele

     

     

  • September 7, 2018 in Commercial Law

    Queensland End of Life Care Inquiry ‘Long Overdue’

    The Queensland government has buckled under increased pressure to follow other states on implementing voluntary euthanasia legislation after Premier Annastacia Palaszczuk ordered an inquiry into end-of-life care, says leading legal firm Creevey Russell Lawyers.

    Creevey Russell Wills and Estates lawyer Rachel Greenslade said the establishment of an inquiry by the Government was “long overdue”.

    “It is important that the inquiry investigate the issues surrounding a voluntary assisted dying law and look at the possibility of a law as an end-of life choice,” Ms Greenslade said.

    “Voluntary assisted dying legislation should definitely be an issue covered by the inquiry otherwise the inquiry is going to be an ineffective way of spending tax-payer’s money as the laws will inevitably become a topic for reconsideration again in the future.”

    The inquiry, which is not supported by the state Opposition, will be led by a parliamentary health committee which will examine all of the issues surrounding end-of-life choices such as residential aged care, palliative care, voluntary assisted dying as well as the broader issues involving the cost and complexity of aged care in Queensland.

    Ms Greenslade said Victoria has already paved the way for Queensland by being the first Australian State (with the exception of the Northern Territory passing the Rights of the Terminally Ill Act 1995 more than 20 years ago and then the laws being nullified two years later) to legalise voluntary assisted dying provided that the person be suffering from an incurable illness that causes intolerable suffering with a life expectancy of no longer than six months.

    “When the parliamentary health committee starts investigating the issues surrounding end-of-life choices, it should also look at the end-of-life choices available to all persons who not only are terminally ill but those who are or suffering from an intolerable medical condition or simply suffering from old age and have little to no quality of life such as the legacy left by Dr David Goodall who at 104 years old had to travel to Switzerland to end his own life,” she said.

    “Provided that the person asking for assistance to die meets the eligibility requirements, has properly documented their wishes without duress and has the requisite capacity to make the decision to end their own life, then who are we to stand in their way?”

     

    Rachel Greenslade – Wills & Estates Lawyer
    P: (07) 4617 8777
    E: