Articles and downloads

A number of ad hoc articles and documents are provided below.  Information in these articles is of a general legal nature only.  Always obtain legal advice specific to your situation.

'Simple' Matters Are Often Far From It

> 22 Feb, 2017 ( 91.70 Kb )

God Bless Australia, Land of the Free(r)

> 15 Feb, 2017 ( 108.81 Kb )

You're Right, You Have No Right To Know

> 15 Feb, 2017 ( 223.53 Kb )

Without Prejudice May Not Be So

> 30 Jan, 2017 ( 81.23 Kb )

You Need Clean Hands to Sue and Win

> 20 Jan, 2017 ( 94.13 Kb )

Caveats Come With a Warning, Too

> 21 Dec, 2016 ( 96.36 Kb )

Legal Weapons Cut Both Ways

> 12 Dec, 2016 ( 94.51 Kb )

Much Determines the Validity of Wills

> 25 Nov, 2016 ( 90.42 Kb )

Sometimes You Might Need to Fight

> 16 Nov, 2016 ( 89.83 Kb )

Freedom of Speech Has Its Limits

> 12 Oct, 2016 ( 95.87 Kb )

Switch on During Light Bulb Moments

> 11 Oct, 2016 ( 87.85 Kb )

Yes, You Can Change the Law

> 29 Sep, 2016 ( 77.65 Kb )

Govts Should Not Take Us for a Ride

> 14 Sep, 2016 ( 95.85 Kb )

We Need Clarity on Land Resumptions

> 7 Sep, 2016 ( 82.16 Kb )

Compensation for Land Must be Fair

> 31 Aug, 2016 ( 97.26 Kb )

Some Timely Advice on Legal Matters

> 27 Jul, 2016 ( 85.47 Kb )

Inequality Noted by FWC

> 14 Jun, 2016 ( 79.54 Kb )

Shonky Redundancies Risky

> 17 Jun, 2016 ( 97.93 Kb )

Know Your Sick Leave Well

> 20 May, 2016 ( 90.86 Kb )

NDIS Website Holds Answers

> 11 May, 2016 ( 120.74 Kb )

Prepare for Conciliation

> 5 May, 2016 ( 91.80 Kb )

FWC Allows for Human Factor

> 21 Apr, 2016 ( 90.74 Kb )

Bullying Rights of Action

> 13 Apr, 2016 ( 87.97 Kb )

Take Care with Swearing

> 18 Mar, 2016 ( 86.19 Kb )

Wellbeing's a Must at Work

> 9 Mar, 2016 ( 102.47 Kb )

Reporting: It's No Accident

> 17 Feb, 2016 ( 103.69 Kb )

Strive for Healthy Situation

> 4 Mar, 2016 ( 88.70 Kb )

Don't Slip Up On Payslips

> 11 Feb, 2016 ( 288.55 Kb )

Shams Can Cost Employers

> 22 Jan, 2016 ( 118.36 Kb )

Check Redundancy Cheque

> 13 Jan, 2016 ( 86.54 Kb )

My Oath Lawyers Are Honest

> 16 Dec, 2015 ( 233.48 Kb )

Horticulture No Place For Shams

> 10 Dec, 2015 ( 106.42 Kb )

Wage Review Promises Much

> 9 Dec, 2015 ( 97.20 Kb )

Employers Must Toe Info Line

> 2 Dec, 2015 ( 92.47 Kb )

Parties Can Impact Work

> 18 Nov, 2015 ( 140.31 Kb )

Know Your Acquisition Rights

> 26 Nov, 2015 ( 106.74 Kb )

Booze Blurs Your Evidence

> 11 Nov, 2015 ( 95.79 Kb )

Lease Agreements Can Benefit All

> 5 Nov, 2015 ( 111.06 Kb )

TPP Effects Won't Be Felt For Years

> 22 Oct, 2015 ( 74.85 Kb )

Can't Work? This May Help

> 5 Nov, 2015 ( 106.49 Kb )

Early Super Takes Organising

> 21 Oct, 2015 ( 137.26 Kb )

Beware of Hidden Legal Costs

> 14 Oct, 2015 ( 95.26 Kb )

Get Your Affairs in Order

> 23 Sep, 2015 ( 86.36 Kb )

Collecting Debt is a Serious Business

> 17 Sep, 2015 ( 81.60 Kb )

Sacked? Take Action Fast

> 16 Sep, 2015 ( 82.39 Kb )

Security of Water a Necessity

> 10 Sep, 2015 ( 89.45 Kb )

Disabilities in Workplace

> 9 Sep, 2015 ( 96.60 Kb )

No-Show Can Mean No Job

> 2 Sep, 2015 ( 94.59 Kb )

Resolution Requires Process

> 27 Aug, 2015 ( 99.12 Kb )

Employers Need to Watch It

> 19 Aug, 2015 ( 92.26 Kb )

Harvesting Issues Tested

> 13 Aug, 2015 ( 68.56 Kb )

Affordable Justice Offered

> 13 Aug, 2015 ( 85.55 Kb )

Adani Mining Approval Set Aside

> 6 Aug, 2015 ( 127.99 Kb )

Planning Act Reforms on Agenda

> 6 Aug, 2015 ( 69.52 Kb )

Pitfalls of Lending to Family

> 13 Aug, 2015 ( 116.49 Kb )

Water Security a Major Concern

> 31 Jul, 2015 ( 69.70 Kb )

Protect Assets with Estate Plans

> 24 Jul, 2015 ( 74.51 Kb )

Be Prepared to Act Quickly

> 13 Aug, 2015 ( 235.95 Kb )

Court Avoids Hairy Situation

> 13 Aug, 2015 ( 69.90 Kb )

Work Fine Detail is Vital

> 16 Jul, 2015 ( 159.54 Kb )

Employers Get Way on Leave

> 13 Aug, 2015 ( 94.10 Kb )

Decision to Spark Interest

> 9 Jul, 2015 ( 110.19 Kb )

Cashing in Leave Addressed

> 13 Aug, 2015 ( 101.97 Kb )

Complex retirement village transactions may leave you shy and retiring

The Retirement Villages Act 1999 ensures protections to retirees seeking to move into a retirement village including measures like a cooling off period and a requirement that retirement village operators provide a public information document to prospective residents. Despite those protections, retirees can still be left with the prospect of reading and understanding a bundle of documents, which is often the last thing you want to be doing as you embark upon your retirement.

Kelly Legal property lawyers and conveyancers can assist any prospective resident of retirement villages to wade through the paperwork as part of the no fuss residential property services offered by Kelly Conveyancing. 

> 27 Jun, 2014 ( 55.32 Kb )

Does your business provide credit?

Most businesses will, in one form or another, extend credit to customers as part of every day trade. “Credit” refers to the provision of goods and/or services to a customer before full payment has been received.

This article examines ways in which business owners can reduce the risk of non-payment of accounts, by putting certain measures in place. 

> 31 Jul, 2014 ( 77.20 Kb )

Applying for a Work Licence in Queensland

It is important to consider applying for a work licence in the event that you are going to lose your drivers licence due to being charged with drink driving, failing to supply a specimen of breath or blood, or driving with a relevant drug in your blood or saliva.

> 31 Jul, 2014 ( 78.29 Kb )

Estate News - Qld Court considers case of assisted suicide

In the recent case of The Public Trustee of Queensland v The Public Trustee of Queensland [2014] QSC 47, the Supreme Court was faced with a particularly interesting scenario...

> 31 Jul, 2014 ( 46.72 Kb )

Guardianship and Administration for Adults

If an adult loses their ability to make decisions there are two ways in which others may be appointed to ensure the adult is being looked after. 

If you are concerned for an adult, and you don't know the best way forward, Kelly Legal has a dedicated team who can assist you with assessing your options and advise you on making an application to the QCAT to have a guardian or administrator appointed or with making applications to the Public Guardian.

> 27 Jun, 2014 ( 55.20 Kb )

Disinheritance - whose will is stronger

Clients who wish to disinherit an estranged family member often react with incredulity when they are advised to consider that the courts have the power to vary their wishes and order that the excluded family member be adequately provided for from their estate. Often clients will exclaim, ‘But it’s my will, I can decide who gets my estate.’  And that statement is mostly correct, but with one important qualification.

> 27 Jun, 2014 ( 66.64 Kb )

The Public Trustee - should they have a role in your life and your estate

It is beyond question that the Public Trustee performs an important role in the community, particularly where there is no other person able to handle the affairs of a deceased or incapacitated person. However, where there is a viable alternative to appoint a family member or a close friend, they should be given careful consideration given the pitfalls of a professional trustee controlling your affairs.

Life is uncertain….don’t leave your future up to chance. Make a Will and Enduring Power of Attorney to ensure that your life is managed the way you would like it to be and by the person/s of your choice, so you may have confidence that your wishes will be honoured.

> 27 Jun, 2014 ( 51.43 Kb )

Summary of Australian Privacy Principles (APPs)

This document provides a summary of the new Australian Privacy Principles (APPs).   Due to commence on 12 March 2014, the APPs will replace the current National Privacy Principles and Information Privacy Principles. 

> 31 Jan, 2014 ( 54.84 Kb )

The Myth of the 50-50 Split and Things to Remember when Separating (KLP & REC)

This article by Kelly Legal's Family Law Team discusses the calculation of a just and equitable division of property between parties to a marriage, de facto or same sex relationship.

Some important factors to consider when separating are also outlined.   

> 20 Jan, 2014 ( 55.13 Kb )

New Years' Resolution - Getting Your Affairs in Order

Did you know that the average Australian family estate is worth around $500,000.00? 

This article by Kelly Legal's Estate Planning Team discusses the importance of having a properly drafted Will and Enduring Power of Attorney.

Make it your New Years’ Resolution to meet with one of our Estate Planning Team.

> 20 Jan, 2014 ( 70.63 Kb )

The Queensland Building and Construction Commission

On 29 August 2013 the Queensland Building Services Authority Amendment Act 2013 (Qld) was passed.  The Act, which is yet to commence, establishes the Queensland Building and Construction Commission.

This article by Jane Deguara, Senior Associate of Kelly Legal, introduces changes in the Queensland Building and Construction Industry brought about by the Queensland Government’s “Ten Point Action Plan”.

> 25 Nov, 2013 ( 46.98 Kb )

Family Provision Applications

This article by Kelly Legal's Estate Planning Team outlines the process involved in making a family provision application.

If you feel that proper provision has not been made for you from a deceased estate, or to discuss how you can minimise the risk of claims against your estate, please contact us.

> 29 Nov, 2013 ( 55.49 Kb )

Separation and Children

This article by Kelly Legal's Family Law Team outlines steps that should be taken by separated parents in order to formalise arrangements for their children. 

The Kelly Legal Family Law Team are focused on achieving a quick and fair outcome for separated parents wanting to formalise arrangements for their children.

> 14 Nov, 2013 ( 47.55 Kb )

Workplace Alert - Discrimination Broadened

Employers are obligated to ensure that their workplace is free from discrimination and that their policies comply with state and federal legislation. 

Recent amendments to the Sex Discrimination Act 1984 (Cth) broadened the definition of sex discrimination.  It is important that Employers consider their existing employment policies (such as those which provide benefits such as accommodation, special leave etc) reflect these changes.

Should you, or your company, be interested in reviewing your employment policies, please contact one of our Employment Law team.

> 16 Dec, 2013 ( 47.74 Kb )

In Brief - Statutory Demands

This article by Kelly Legal’s Commercial Litigation Department introduces statutory demands – what they are, and the legal processes involved in issuing and responding to statutory demands. 

An essential read for creditors seeking to recover debts and companies who have been issued with a statutory demand.

> 6 Nov, 2013 ( 43.52 Kb )

Downsizing Workforces

Downsizing Workforces

> 16 Oct, 2013 ( 44.67 Kb )

Alternatives to Resumption

Two options that should be considered if your property is impacted by a resumption or proposed resumption.

> 11 Oct, 2013 ( 50.49 Kb )

Recent Changes in Family Law

Richard Callaghan, QLS Accredited Family Law Specialist of Kelly Legal outlines recent changes in Family Law, including issues surrounding: superannuation, de facto and same sex relationships, child support, mediation and financial agreements. 

Kelly Legal is committed to delivering the best possible family law outcomes in a timely manner. 

> 20 Nov, 2013 ( 42.32 Kb )

A recent decision on alleged medical negligence

A recent decision on alleged medical negligence.

> 16 Oct, 2013 ( 43.86 Kb )

Are you affected by resumption of land?

> 19 Sep, 2013 ( 48.92 Kb )

Presentation slides re Power of Attorney and Guardianship 21 September 2009

Presentation slides re Power of Attorney and Guardianship

Slides from a presentation on Powers of Attorney and Guardianship matters.

> 19 Jul, 2011 ( 83.15 Kb )

Validity of Agent's Appointment - Lessons from Yong Internationals v Gibbs 2011QCA 161

Lessons from Yong Internationals v Gibbs re agents commission

Paul Watkins, Senior Associate, at Kelly Legal discusses the implications for real estate agents of the case handed down by the Queensland Court of Appeal on 15 July 2011 denying an agent entitlement to a commission of $226K because the agent failed to complete a section of a PAMDA form.

> 2 Sep, 2011 ( 471.46 Kb )

Presentation slides for public forum on dementia 21 September 2010

Presentation slides from public forum on dementia

Issues concerning dementia and Powers of Attorney and Wills.

> 19 Jul, 2011 ( 158.15 Kb )

Alzheimers Australia Presentation 21 September 2009

Alzheimers Australian presentation

Information about Powers of Attorney, Enduring Powers of Attorney, Advanced Health Directives, Statutory Health Attorneys, Guardians and Administrators.

> 19 Jul, 2011 ( 64.18 Kb )

Kelly Legal Update - Keswick Developments Pty Ltd - Legal Aspects

Kelly Legal Update - Keswick Developments Legal Aspects

This update discusses the key legal aspects fo the Keswick Island Development and is a useful guide for anyone considering purchasing or developing on the Island.

> 19 Jun, 2011 ( 60.33 Kb )

Kelly Legal Update - Ban the Banners

"Ban the Banners" - What Remains?

This update discusses the original "ban the banners" legislation, more recent updates and the impact of this legislation on building convenants and those involved in the property industry.

> 19 Jun, 2011 ( 49.91 Kb )

Kelly Legal Update - Legal Fundamentals - Planning and Development

Kelly Legal Update - Legal Fundamentals – Planning and Development

An overview of the evolution of Queensland planning law and current topical issues.

> 3 Aug, 2011 ( 197.52 Kb )

New Body Corporate Lot Entitlement Disclosure Changes under the BCCM Act - Seller Beware!

Body Corporate lot entitlement and disclosure changes

An overview of the recent changes to the Body Corporate and Community Management Act .

> 2 Sep, 2011 ( 646.59 Kb )

Powerpoint - Dementia Forum 2011

> 21 Sep, 2011 ( 37.06 MB )

Grants of probate

Introduction to grants of probate.

> 17 Nov, 2011 ( 441.27 Kb )

Dementia Forum - Legal Update September 2011

> 27 Sep, 2011 ( 204.90 Kb )

Enduring powers of attorney

Introduction to enduring powers of attorney.

> 17 Nov, 2011 ( 442.29 Kb )

Trainee (Cert III)

We are looking for an energetic and motivated individual to commence a traineeship in early 2014 with our growing legal firm.  As a trainee you will develop a broad range of skills across various areas.

To apply for this position, email your resume and school results to Kahler Heard, Human Resource Manager kahler.heard@kellylegal.com.au or phone 07 4911 0520 for further information.

> 3 Dec, 2013 ( 55.00 Kb )

Employers Get Way on Leave

> 16 Jul, 2015 ( 94.25 Kb )

Contractor\'s Seminar (Asset Protection Credit Control) - presentation slides

Contractor's Seminar (Asset Protection  Credit Control) - presentation slides

> 22 Jan, 2012 ( 201.82 Kb )

Booklet - Young Farmers Presentation (9 October 2014)

Presenation Booklet - Young Farmers Presentation, 9 October 2014

Topics include:

  • Personal Property Securities Register & Its Effect on Farmers;
  • Farming, Business & Contract Law; and
  • Estate Planning Considerations for Farmers.
> 10 Oct, 2014 ( 222.56 Kb )

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— KA, North Mackay, February 2015

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My husband and myself recently purchased a block of land at Habana and we decided to use the Team at Kelly Legal. We had the up most professionalism and the contact between us and the Kelly legal team…

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This was our first property transaction in 48 years. Debbie always returned our phone calls straight away. She was kind to us and helped us understand what was going on and took the time to explain…

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Jane's letters that she sent to others on my behalf were brilliantly written.  She always explained everything to me in down to earth terms.  Jane is very intelligent and understanding and…

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