A recent NSW Court of Appeal decision found in favour of the injured plaintiff’s personal injury claim for her slip and fall on a speed hump in an undercover car park. The decision includes this photograph of the speed hump. She was returning to her parked car. The red markings show her direction of travel and where she fell and where her car was parked:

The speed hump had existed for 39 years without any prior incidents.

The property owners argued that the speed hump was an obvious risk, and as such there should be no finding of liability against them.

The Court of Appeal found that despite the long history of no prior incidents and despite adequate lighting, this speed hump was not an obvious risk, and there was no contributory negligence by the plaintiff despite that she must have driven over it and walked over it after she had earlier parked her car.

The fact that the concrete hump was the same colour as the concrete surface of the driveway was an important factor that resulted in the finding. An expert called by the owners accepted that the hazard could have been better highlighted to make it more obvious by painting it with yellow and black striped bands on both sides. It was held that common sense would suggest that a pedestrian’s attention would be more readily drawn to painted areas, potentially diverting attention from unpainted areas. It was held that it was more probable than not that the plaintiff would not have slipped and fallen had the speed hump been painted.

This decision serves as a warning and guidance to property owners and occupiers and insurers and risk assessors, for speed humps and other pedestrian slip trip hazards to be properly painted to make them unmistakably highlighted, apparent, clear and obvious.

On 10 December 2025, Australia implemented a world-first legislative ban on children under the age of 16 holding accounts on major social media platforms including Instagram, TikTok, Facebook, Snapchat, YouTube, Reddit and others.

The change – which was introduced through the Online Safety Amendment (Social Media Minimum Age) Act 2024 (SMMA Act) – aims to protect children from early exposure to the pressures and risks associated with having social media accounts, including addictive design features, harmful content and cyberbullying.

Whilst the legislation is primarily focused on ensuring social media platforms take reasonable steps to prevent users under 16 from creating or keeping accounts, the legislation may also have practical implications in parenting matters and proceedings.

For separated parents, restricting your child’s access to social media is no longer simply a household rule or parenting preference – it is now a matter of federal law.

Existing parenting orders and agreements: Are they still valid?

For families with existing parenting orders or a parenting plan in place, the new legislation may have immediate consequences.

The Federal Circuit and Family Court of Australia cannot make or enforce orders that override Commonwealth legislation. Accordingly, any clause that effectively authorises children under 16 holding or using a social media account contrary to the SMMA Act may be unenforceable.

Put simply, if an order permits something the legislation now prohibits, the Court cannot enforce that part of the order.

Separated parents who already have existing parenting orders or a parenting plan in place should review their agreement to determine whether it includes:

• References to a child under 16 having a social media account;
• Parents supervising their children’s social media accounts; or
• Any orders providing a child can communicate with a parent via a social media platform.

Even provisions that were previously drafted to regulate or supervise social media use may now require reconsideration.

If a parent finds that their current orders or parenting plan does appear to authorise children under 16 accessing or using social media platforms, they should seek legal advice as to the enforceability of the clause.

In light of the recent legislative changes, it may be that a variation to the orders or parenting plan is necessary to reflect the current legislative framework.

In some cases, a simple agreed variation may resolve the issue. In others, formal steps through the Court may be required. Early advice is critical.

Parents navigating the legislative framework in current parenting negotiations

For parents currently negotiating parenting arrangements, whether Court proceedings have been commenced or not, social media use is no longer just a household preference. Separated parties must now consider the legislative requirements for the social media ban as they navigate their family law matter, including:

• How each household will comply with the minimum age requirement for social media use;
• How social media restrictions will be maintained in each parent’s care to maintain consistency; and
• Alternatives for children to communicate with family members with the social media restriction.

This may involve practical discussions about device management, parental controls, monitoring applications, and agreed communication platforms that comply with the legislation.

Not only this, but if a parent is aware their co-parent is assisting their children circumvent the age restrictions, this could raise concerns about safety, supervision and compliance with the law. This can be relevant when the Court is assessing the best interests of the children, being the paramount consideration in family law matters.

A parent’s attitude toward compliance with federal law may become a relevant factor in assessing their capacity to provide appropriate supervision and guidance.

At this stage, there is limited case law precedent on such issues and its impact on family law matters. However, with the recent legislative changes, and the impacts on individuals in the family home, it can be expected that issues surrounding online access, supervision and parental compliance may increase.

As families navigate separation in this evolving landscape, understanding the limits on children’s social media access, and reflecting those limits in parenting arrangements, will be essential. These legislative changes now mean that social media use and online engagement are no longer matters for personal discretion of the parents but rather are mandated by federal law.

Consistency between households will be key. Mixed messages or inconsistent enforcement can create conflict not only between parents, but also confusion for children.

To ensure parents are fully informed and on the same page, it is advisable to seek legal advice of your obligations and ways to set expectations clearly with your co-parent, so consistency is maintained for the children across both households.

If you are unsure how these changes may affect your current orders or negotiations, obtaining tailored legal advice early can prevent unnecessary dispute and ensure your arrangements remain legally sound. Our family law team is here to help. 

Applying for a partner visa in Australia requires careful planning and a thorough understanding of both migration and family law requirements. Whether you are married or in a de facto relationship, providing evidence of a genuine and ongoing commitment is essential. 

Many applicants focus solely on migration criteria and overlook the family law implications of their relationship status, yet these can have significant legal and financial consequences. To help applicants navigate these complexities, our migration and family law teams have collaborated to provide this guide on key considerations when applying for a partner visa.

De Facto vs Married Partner Visa Applicants

We are often asked whether it is better to apply for a partner visa as a married couple and whether the Department favours married applicants over applicants in a de facto relationship. A partner visa application can be lodged by applicants who are either legally married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. Both relationships are recognised equally by the Department of Home Affairs.

While married applicants must demonstrate a legally valid marriage, de facto applicants need to establish that they have been in a genuine de facto relationship for at least 12 months prior to lodging their visa application, unless they qualify for an exemption. The Department of Home Affairs considers the following four pillars when assessing the genuine and continuing nature of a relationship:

1. Financial aspects of the relationship;
2. Nature of the household;
3. Social aspects of the relationship; and,
4. Nature of the persons’ commitment to each other.

There is a common misconception that a marriage certificate alone is enough to secure a partner visa, however this is not the case. Both married and de facto applicants must provide strong supporting evidence across these four pillars to support the genuine and continuing nature of their relationship and maximise their prospects of success. 

De Facto Relationships: Migration vs Family Law

The term ‘de facto’ is interpreted differently in migration law and family law.

• Migration Law Perspective: for a partner visa, a de facto relationship must have existed for at least 12 months immediately before lodging the application, unless an exemption applies. The relationship must be mutually exclusive, the partners cannot be married to each other, and they must not be related by family (where prohibited in the Marriage Act). Evidence is required to demonstrate that the partners have been living together or, if apart, that the separation is not permanent. The Department of Home Affairs also considers factors such as financial interdependence, social recognition of the relationship, and shared household responsibilities.
• Family Law Perspective: to be in a de facto relationship you must “have a relationship as a couple living together on a genuine domestic basis”, not be married and not be related to each other. There is no period of time that you have to be “living together on a genuine domestic basis” for you to be in a de facto relationship however, timeframes do have to be met (amongst other criteria) before an application can be made for a financial settlement in the event of a breakdown in a de facto relationship.

It is common for applicants to pursue a partner visa application without fully understanding the family law consequences of being in a de facto relationship. For example, by having to show the level of commitment to your partner for the purpose of applying for a visa, you may inadvertently open yourself up to a property settlement or spousal maintenance claim that would otherwise have been avoided.

Role of Civil Partnership Registration in Partner Visa Applications

One exemption to the 12-month de facto requirement is if the relationship has been registered as a Civil Partnership in an Australian state or territory where this option is available. At the time of writing this article, you are not able to register a de facto relationship in Western Australia or the Northern Territory. While registering your relationship as a de facto partnership provides an exemption to the 12-month rule, it does not remove the need to provide substantial supporting evidence to demonstrate that you are in a genuine and continuing, mutually exclusive relationship to the Department of Home Affairs.

Implications of Relationship Registration from a Family Law Perspective

Parties who register their de facto relationship must understand that once parties have been in a de facto relationship for 2 years or more a claim for a property settlement or spousal maintenance can be made if parties were to separate.

Whilst the Department of Home Affairs will want to see more than just evidence of the registered relationship, under the Family Law Act 1975 (Cth), the registration of the relationship and the expiration of the 2 year period  (or the birth of a child) can open the door to the possibility of a claim for a property settlement or spousal maintenance to be made.  If there was no registered relationship, a Court would have to be satisfied that the parties were “living together on a genuine domestic basis”, there has been intermingling of finances, there is a child of the relationship, or one party made significant contributions to the extent that it would not be just and equitable for a property settlement to occur.

Whilst you may not be able to fully protect yourself against a claim for spousal maintenance, you can protect yourself (to the extent possible) from a property settlement claim by properly entering into a properly drawn up Financial Agreement under the Family Law Act. A Financial Agreement can be entered into at any stage before, during or after your relationship. 

It needs to be understood that a quick fix for migration purposes can have long term and costly issues under the Family Law Act.

Conclusion

Navigating the partner visa process requires a clear understanding of both migration and family law considerations. Registering a relationship can offer advantages in meeting visa eligibility requirements, but it is essential to understand the broader legal implications.

If you require assistance with a partner visa application or advice on relationship registration, our experienced migration and family law teams can provide tailored guidance to suit your circumstances.

Workplace policies are written statements outlining expected standards of behaviour and performance, while procedures provide step-by-step instructions on how tasks or workplace issues should be managed. Together, they form an essential framework that guides daily operations and employee conduct. 

A workplace policies and procedures manual is one of the most important operational documents a business can develop. In Queensland, where employers must comply with Australian workplace laws, work health and safety legislation, anti-discrimination requirements, and Fair Work obligations, a well-structured manual provides the foundation for legal compliance, consistency, professionalism, and organisational success.

Whether a business employs five people or five hundred people, clear workplace policies and procedures help establish expectations, reduce confusion, minimise legal risks, and support a positive workplace culture. In many Queensland businesses, particularly small and medium enterprises, policies and procedures are often overlooked until a problem occurs. However, proactive development and implementation of a workplace manual can prevent disputes, improve employee performance, and create safer and more productive workplaces.

Why Workplace Policies and Procedures Matter

Legal Compliance 

One of the main reasons businesses need a workplace policies and procedures manual is to comply with legal obligations. Employers in Queensland are subject to various federal and state laws, including the Work Health and Safety Act 2011 (Qld), the Fair Work Act 2009 (Cth), anti-discrimination laws, privacy obligations, and workplace relations requirements.

Queensland laws require employers to provide safe systems of work, adequate training, supervision, and risk management processes. A documented manual demonstrates that a business has taken reasonable steps to communicate expectations and safety requirements to employees.

If an incident occurs, such as workplace bullying, discrimination, or a safety breach, a properly implemented policies and procedures manual can help prove that the employer had clear systems in place. This may reduce liability and provide evidence that the business acted responsibly.

Consistency and Fairness

Policies and procedures ensure that employees are treated consistently. Without formal guidelines, managers may apply rules differently, leading to confusion, favouritism claims, or workplace conflict.

For example, if one employee is disciplined for repeated lateness while another is not, the absence of a clear attendance policy may create resentment and potential disputes. A workplace manual establishes consistent standards that apply equally to all employees.

Consistency also improves management decision-making. Supervisors can rely on documented procedures when responding to complaints, performance issues, leave requests, or disciplinary matters.

Improved Workplace Culture

A well-developed workplace manual contributes significantly to workplace culture. Employees generally perform better when they understand expectations, responsibilities, and behavioural standards.

Clear policies on respect, inclusion, harassment, communication, and ethical conduct help create a professional and positive work environment. Employees are more likely to feel safe, valued, and supported when workplace standards are transparent.

Risk Management and Safety

Every workplace contains risks, whether physical, psychological, operational, or reputational. Policies and procedures help businesses identify and manage these risks systematically.

Having clear procedures help minimise workplace health and safety risks by ensuring workers understand safe ways to perform tasks.

Safe work procedures may include:

• Hazard reporting processes; 
• Emergency evacuation procedures; 
• Incident reporting requirements; 
• Use of personal protective equipment; 
• Fatigue management; and
• Remote work safety practices. 

Without documented procedures, businesses increase the likelihood of accidents, injuries, and compliance breaches, increasing liability and the chance of legal action. 

Employee Training and Induction

Policies and procedures manuals are valuable training tools. New employees can quickly learn workplace expectations, operational processes, and safety requirements during induction.

A structured manual reduces reliance on verbal instructions and ensures important information is communicated accurately. It also helps businesses maintain consistency during staff turnover and limit occurrences of incidents where the business may be held liable. 

Essential Components of a Policies and Procedures Manual

An effective workplace manual should be tailored to the business’s size, industry, risks, and operational needs. However, several key components are essential for most Queensland workplaces.

Introduction and Company Values

Policies and Procedures manuals often begin with an introduction outlining the organisation’s mission, values, and commitment to professional standards. This section establishes the tone of the workplace culture and explains the purpose of the manual.

While the policies and procedures do themselves do not need to be listed in an employee’s employment contract, the contract should contain express provisions that that employee is required to read, understand, and comply with workplace policies and procedures.

Code of Conduct

A code of conduct is one of the most important sections of any workplace manual as it outlines expected standards of behaviour and ethical principles within the organisation.

A code of conduct should include expectations regarding:

• Professional behaviour;
• Respectful communication;
• Integrity and honesty;
• Confidentiality;
• Conflicts of interest;
• Appropriate use of company property; and 
• Internet and social media usage. 

Work Health and Safety Policies

The Work Health and Safety Act 2011 places duties on employers, workers, supervisors, and managers to ensure workplace safety. A comprehensive manual should therefore contain detailed WHS policies and procedures.

This section may include:

• Employer and employee safety responsibilities;
• Hazard identification and reporting;
• Incident reporting procedures;
• Emergency procedures;
• First aid arrangements;
• Safe work procedures;
• Mental health and wellbeing support; and 
• Drug and alcohol policies (including workplace testing). 

Complaints, Anti-Discrimination and Harassment Policies

In Queensland, businesses must comply with laws such as the Anti-Discrimination Act 1991 and the Fair Work Act 2009. Having a clear policy helps employers meet their legal obligations and reduce the risk of complaints, legal action, fines, and reputational damage. It also demonstrates that the business takes workplace rights seriously and is committed to providing equal opportunities for everyone regardless of sex, gender, race, age, disability, religion, or sexual orientation.

A strong anti-discrimination and harassment policy should also contain well-defined procedures for safely and confidentially reporting inappropriate behaviour and a clear process for how such complaints will be addressed by the business. This ensures complaints are handled fairly, confidentially, and promptly based on a defined process.

Anti-discrimination and harassment policies should clearly prohibit:

• Bullying; 
• Harassment; 
• Sexual harassment; 
• Victimisation; and 
• Discrimination. 

Business should also have transparent policies and associated procedures for addressing non-discriminatory grievances and disputes in the workplace. 

A grievance/complaint procedure should include:

• How complaints can be submitted; 
• Confidentiality expectations; 
• Investigation processes; 
• Resolution pathways; and
• Escalation procedures. 

Having a formal process helps businesses resolve disputes early before they escalate into legal claims or workplace conflict.

Leave and Attendance Policies

Leave and attendance policies are important because they directly affect staffing levels, payroll accuracy, legal compliance, and daily operations. Without clear rules, businesses can face disputes over sick leave, annual leave balances, overtime, and unexplained absences. For example, if an employee does not follow a reporting procedure for sick leave, managers may struggle to organise replacement staff, causing delays, reduced customer service, or increased workload for other employees. 

A clear annual leave policy outlines how leave is requested, approved, accrued, and recorded, reducing confusion and disputes between employees and management. It may also impose periods when employees must take annual leave (such as over the Christmas and New Year period) or restrict the amount of annual leave an employee may accrue without use.  Without proper procedures, businesses may experience staff shortages during busy periods, especially if multiple employees request leave at the same time or find themselves obligated to pay out large amounts of accrued leave if an employee resigns or their employment terminated, possibly affecting the business’ cash flow.  

A detailed policy also protects the business during disciplinary matters. If attendance expectations and consequences for repeated lateness or absenteeism are documented, employers have evidence to support warnings or performance management processes. This reduces the risk of unfair dismissal claims or workplace disputes.

Performance Management and Discipline

A performance management and review policy creates a structured process for measuring employee performance against specific job requirements and business goals. Regular reviews allow managers to address issues such as missed deadlines, low sales performance, repeated tardiness or absenteeism, customer complaints, or repeated errors before they affect operations. 

In circumstances where an employee is underperforming, procedures for implementing a performance improvement plan (PIP) allows the employer to formally identify concerns, set measurable expectations, provide support or training, and establish review timeframes. This process gives employees a fair opportunity to improve while ensuring managers document all discussions and actions taken, reducing the risk of the business being subject of an unfair dismissal claim if termination then becomes necessary.  

Conclusion

A workplace policies and procedures manual is far more than an administrative document. For Queensland businesses, it is a critical tool for legal compliance, workplace safety, operational consistency, employee management, and organisational success.

As workplaces continue to evolve through technological change and increasing regulatory requirements, businesses that invest in comprehensive and up-to-date workplace manuals are better positioned to manage risks, support employees, and achieve long-term success.

Ultimately, a strong workplace policies and procedures manual helps create a workplace where employees understand their responsibilities, managers make fair and informed decisions, and businesses operate confidently within Queensland’s legal and professional standards.

Whether your business is operating without defined polices and procedures or if your existing ones need to be reviewed and updated, our experienced employment law team at Stone Group Lawyers can assist. Give one of our employment lawyers a call today on (07) 5635 0180. 

With both the Christmas and Easter holidays now behind us and the children back into their school routine, it feels like the year is passing by. Yet, with the winter holidays fast approaching, and the remainder of 2026 to consider, it is important for separated parents to plan ahead for school holiday child arrangements. 

It is understandable that both parents will want to spend quality time with the child(ren) over the school break and enjoy memorable activities with them at this time. Our Family Lawyers can discuss the best options for you and prepare a fair and reasonable plan for when each parent spends time with the child(ren) during the holidays and the school term. 

Example Parenting Plan for School Holidays

If parents share the care of the children equally, the child(ren) may spend time with one parent three nights per week and with the other parent four nights per week, alternating on a week one and week two basis. However, with work and other commitments, time with the child(ren) shared on a 50/50 basis may not always be possible. Our Family Lawyers can provide advice on what would work best for your family dynamic, with the principal consideration that the arrangement must be in the best interests of the child(ren). 

Steps to take if no agreement 

If parents attempt to reach an agreement between themselves and are unable to do so, they may consider the following options: – 

1.Negotiations between solicitors: contact our office to arrange a meeting with one of our Family Lawyers who can negotiate the issue on your behalf.

2. Mediation: not only is mediation now a requirement before parties can file proceedings in the Federal Circuit and Family Court of Australia, but it is also cost effective, confidential, reduces tension and preserves relationships which is important for those intending to keep a harmonious co-parenting relationship. Our lawyers can assist in arranging Mediation and advising you throughout the Mediation process. 

3. Court proceedings: if parties are unable to reach agreement through Solicitors or at Mediation, the next option would be to file proceedings in the Federal Circuit and Family Court of Australia. Our lawyers will advise you on the process of Court proceedings, should they be necessary. 

It is important to seek independent legal advice on parenting matters. Why not book a free 30-minute consultation with one of our family law experts. 

Recent amendments to the Annual Market Salary Rate (AMSR) framework in the employer sponsored visa program has reshaped how sponsoring employers must demonstrate that the salary offered to an overseas worker is consistent with what an Australian employee would receive in the same role. While the AMSR has always been central to employer-sponsored visas, the new changes refine the rules, clarify long-standing ambiguities, and tighten the alignment between migration compliance and workplace law obligations.

It stands as a reminder to businesses seeking to sponsor visa holders: your employment contracts, pay structures, and classification decisions must now be watertight across both migration and Fair Work regimes.

What Has Changed?

The amendments introduce a more flexible and realistic approach to determining the AMSR, particularly in industries where:

• Actual market wages sit significantly higher than minimum rates outlined in Modern Awards; and, 
• Salaries vary by region, industry, or skill level

Under the new framework, alternative evidence can be used to demonstrate the AMSR even where relevant Fair Work instruments apply.  

This flexibility acknowledges what practitioners and employers have long known: Modern Awards outline minimum rates and are not a reflection of real-world market salaries. Many industries routinely pay above Award rates due to skill shortages, location-based wage variations, and industry norms.

The amendments apply to nominations for subclass 482, 494, and 186 visas, making them relevant across temporary and permanent employer-sponsored pathways.

Why These Changes Matter

1. Less Ambiguity

The new approach recognises that Modern Awards do not always:

• Capture regional salary differences
• Reflect industry-specific premiums
• Account for seniority, specialisation, or niche skills

By allowing alternative evidence, the amendments create a more accurate and defensible picture of what the “market rate” truly is.

2. Greater Scrutiny on Employment Contracts

With the added flexibility, it becomes even more important to ensure that employment contracts and salary structures already meet the standards the Department has always required. This includes:

• Clear, consistent, and lawful employment contracts
• Correct Award or agreement classification
• Evidence that the salary aligns with both migration and workplace law requirements

Any inconsistency, incorrect Award level, missing entitlements, or poorly drafted clauses, can undermine both the AMSR assessment and the nomination itself.

3. Migration Compliance and Fair Work Compliance are Intertwined

The amendments reinforce a trend we’ve seen for years: migration law cannot be siloed from employment law.

A business sponsor must certify as part of their nomination, that the employment contract to be entered into with the nominated worker will comply with applicable employment laws, including National Employment Standards (NES) within the meaning of the Fair Work Act 2009. 

This is especially important for businesses operating in industries with complex Award coverage or where Award coverage is disputed.

Why Employers Should Seek Both Migration and Employment Law Advice

The new AMSR framework requires a dual-lens approach. 

Migration law expertise ensures:

• The AMSR methodology is correctly applied
• Evidence is appropriate, defensible, and tailored to the occupation
• The nomination meets all regulatory requirements

Employment law expertise ensures:

• Contracts comply with the Fair Work Act 2009 and NES
• Award or agreement classifications are correct
• Salary structures, allowances, and loadings are lawful
• The business is protected from underpayment risks

When these two areas are not aligned, the consequences can be significant: nomination refusals, Fair Work investigations, back-pay liabilities, and reputational damage.

The Bottom Line

The AMSR amendments are a welcome development. They introduce clarity, reduce ambiguity, and recognise the realities of Australia’s labour market. 

It has never been more important to ensure your employment contracts, salary structures, and Award classifications are fully compliant – not just for migration purposes, but under workplace law as well.

For businesses sponsoring overseas workers, the safest and most strategic approach is to obtain both migration and employment law advice before lodging a nomination or issuing a contract. Contact us to speak with one of our migration and employment lawyers today. 

April 1st is known for tricks, surprises and the occasional moment of good-natured mischief. It’s a day where things aren’t always quite what they seem. But the opening of the new Stone Group Lawyers office in Hervey Bay is not a trick and it’s certainly not a joke. 

Instead, it’s a deliberate step, grounded in experienced, shaped in community values, and focused on something very real: supporting local families through some of the most important and challenging moments in their lives. 

Rebekah Hemerik, your Family Lawyer located in the heart of Hervey Bay

I am an Associate in the Family Law team at Stone Group Lawyers. I moved to Hervey  Bay in early 2025 with my husband and young son, after coming here for a holiday for Christmas 2024 and falling in love with the town I now call home.  

Over the last several years, I have completed Bachelor of Laws (Honours), Bachelor of Criminology and Criminal Justice, as well as a Master of Applied Law (Family Law). These qualifications, along with my years of exclusive practice in the family law space, have provided me with a broad range of experience in assisting clients navigate separation.   

I am dedicated to supporting my clients through some of life’s most challenging transitions with clarity, compassion and practical guidance to reach outcomes that are both realistic and sustainable. With me as your lawyer, you won’t receive sugar coated advice. I pride myself on providing clear advice that has been tailored to your circumstances and allows you to make an informed decision about your future. I prioritise reaching a resolution at the earliest juncture, where possible. If a resolution is not achievable, for whatever reason, I will stand by your side and advocate strongly for you. 

I am excited to now be working with Stone Group Lawyers to bring specialist family law services, and offer my dedicated family law experience, to the Fraser Coast. This new office represents a long-term commitment to the Fraser Coast region from both myself and Stone Group Lawyers. A commitment to providing accessible specialist family law advice regardless of locality. 

Looking ahead, my goals are simple:

• To improve access to quality family law services locally;
• To support families in reaching workable, sustainable outcomes;
• To continue building trusted relationships within the community; and
• To provide a steady and reliable presence for those navigating change.

Family law is not about winning or losing. It is about helping people move from one chapter of life to the next with dignity, clarity, and the right support behind them.

So, while April 1st may be a day for light-hearted surprises, this new beginning in Hervey Bay is anything but. It is a genuine commitment to the community, to the practice of family law, and to the people who need guidance during times of transition.

No tricks. Just support when it matters most. 

A straightforward approach in a complicated area of law 

If there’s one thing April fools reminds us, it’s how easy it can be to misled. However, we understand that in family law clear concise advice and clarity matters. 

There are no shortcuts when it comes to separation, parenting arrangements or the division of assets. Every relationship breakdown carries its own story, its own pressures and its own path forward. What people need during these times isn’t confusion or theatrics, but clear advice, steady guidance and practical solutions from a Family Lawyer who understands the complexities of separation and who cares. 

That has been the focus of my approach to practicing family law from the outset of my career – providing clear, compassionate advice. 

With years of experience in family law, I have worked with individuals and families at all states of separation and during the restructuring of their lives. I understand that beyond the legal framework there are real people navigating uncertainty, emotion and change. My role as a Family Lawyer is not just to provide legal advice but also help clients make informed decisions their future so they can move forward, past separation, with confidence and clarity. 

A commitment to community

I am a Family Lawyer; however, I am also a mother, a wife, a friend and a member of the wonderful community we have here in the Fraser Coast. I may not have been born here in the Bay, but since moving here I have grown to love the Fraser Coast as if I have been here my whole life. 

That is why opening a family law dedicated office in Hervey Bay is not simply about expanding an existing practice or capitalising on the growth of our region. It’s about deepening our connection to the community, strengthening the foundations of the region and providing support that the residents of our region need. It’s about the difference that we can make to people lives while they are potentially at their worst. 

Regional communities have unique strengths, but they can also face challenges when it comes to accessing specialised legal services. Our goal is to ensure that individuals and families across the Fraser Coast have access to experienced, reliable family law support without needing to look beyond their own region. 

While we have a team of Family Lawyers spread across Gold Coast and Brisbane, I am located right here in Hervey Bay – in our beautiful office on Torquay Road, Pialba. This allows Fraser Coast residents to access local specialised family law advice right here in the Bay, with the backing of a bigger support system across South East Queensland. In my eyes, it’s the perfect mix between local support and connection to the ‘big city’.  

Community involvement is an important part of our commitment to supporting the region. Whether through local engagement, education, or collaboration with other professionals, I see this office as more than a place of business. It is an opportunity to continue contributing meaningfully to the wellbeing of the region. You will continue to see me at various community events, supporting numerous causes and doing what I can to support the region. 

No gimmicks, just genuine support

While April Fools is built on the idea of tricks, we know that there is no place for gimmicks in family law.

Clients deserve honesty about their options, transparency about the process, and realistic expectations about outcomes. They also deserve to feel heard, respected, and supported along the way. That’s where Stone Group Lawyers step in. 

Our approach is grounded in:

• Clear and practical advice; 
• Strong, strategic advocacy;
• A focus on resolving matters as efficiently and constructively as possible; and
• Compassion for the personal circumstances behind every case. 

To us you’re not just another number. Rather, you are one of the people that we are supporting to navigate the breakdown of your relationship and create a new life post separation. 

On behalf of Stone Group Lawyers, we look forward to welcoming you into our new space. 

If you would like to visit our office in person, we are located at 19/58-60 Torquay Road, Pialba.  

A recent decision of the Supreme Court of Queensland has brought into sharp focus the conduct of certain private lenders and the law firms engaged to act on their behalf, and the findings carry significant implications for borrowers navigating the private lending market.

Background

In Evolve Wealth Corp Pty Ltd v QB Finance Pty Ltd [2026] QSC 46, delivered by McCafferty J on 17 March 2026, the Supreme Court of Queensland was called upon to resolve a dispute that, on its face, should never to have reached a courtroom.

Evolve Wealth had borrowed $450,000 from a private lender, secured by a registered mortgage over a property at Burleigh Heads. The facility was structured as a commercial loan rather than a regulated consumer credit arrangement. The loan fell into default. Following a period of correspondence and forbearance, the parties agreed upon a settlement date of 23 May 2025. Evolve Wealth arranged refinancing, loaded the full payout sum of $517,448.74, the precise figure the lender had itself advised, into the PEXA, and stood ready to complete.

The lender declined to proceed with settlement. On the morning of settlement, the lender’s solicitors provided, for the first time, a Deed of Settlement and Release and made clear that settlement would not occur unless it was executed.

Notably, this was the first occasion on which a copy of the deed had been provided to the borrower, on the day its execution was demanded.

The Terms of the Proposed Deed

The proposed deed was not a standard settlement instrument. It purported to require Evolve Wealth to, inter alia:

1. Release all claims not only against the lender, QB Finance, but also against SF Mortgage, a former mortgagee that had assigned its entire interest in the loan some months earlier and no longer held any interest in the mortgage, and Blue Streak Capital, the mortgage manager, which had never been a lender under the facility;
2. Extend the ambit of that release to the agents, employees, legal representatives and related entities of all three organisations.
3. Provide a broad contractual indemnity in favour of all such parties, the terms of which went substantially beyond the indemnity already contained within the mortgage memorandum; and
4. Submit to sweeping confidentiality obligations, the practical effect of which would have prevented Evolve Wealth from making any complaint to a regulatory authority in respect of the conduct of any of the released parties.

Upon Evolve Wealth’s rejection of the proposed deed, the lender escalated its position. It demanded that Evolve Wealth either execute the deed as presented or pay an additional sum of $110,000 as a form of post-settlement security against the prospect of future claims, bringing the total amount demanded to approximately $627,448.75.

The Court’s Findings

The Court found comprehensively in favour of the borrower.

Evolve Wealth had made a valid tender. Funds were available, the payout figure was set by the lender and remained current, and the PEXA workspace was properly prepared. Settlement failed solely because the lender refused to complete.

The lender was not entitled to require execution of the deed. While the mortgage permitted releases where a claim was apprehended, that power was limited to claims connected with the transaction and to the credit provider itself. It did not extend to third parties or justify a broader indemnity.

There was also no proper basis to apprehend a claim. The borrower’s prior correspondence did not amount to a genuine threat against the lender.

The lender’s subsequent demand for additional security was impermissible, having not been raised prior to refusing settlement.

As a result, the lender lost its entitlement to interest from the settlement date, and its application for default and possession was dismissed.

The Broader Concerns This Decision Raises

The significance of this decision extends beyond the parties. It highlights practices emerging in parts of the private lending market that warrant close attention from borrowers, advisers and regulators.

Settlement deeds as a commercial lever

The use of last-minute settlement deeds places borrowers in a difficult position, forcing a choice between accepting prejudicial terms or prolonging default. This decision confirms that such demands must be grounded in the mortgage and cannot be used to obtain broader releases or indemnities.

Confidentiality and regulatory access

Confidentiality clauses that restrict complaints to ASIC, AFCA or other regulators raise serious concerns. If routinely imposed, they risk suppressing legitimate grievances and limiting oversight.

Commercial structures and reduced protections

Private lending is often structured as commercial borrowing through corporate entities, removing access to protections under the National Consumer Credit Protection Act 2009 (Cth). Combined with high default interest and capitalisation, these arrangements can become difficult to exit even where refinancing is available.

Key Considerations for Borrowers in the Private Lending Market

Whether entering, managing or exiting a private lending arrangement, several issues warrant careful attention. Borrowers should understand the implications of borrowing through a corporate structure, including the loss of consumer protections, and carefully consider interest provisions, particularly default rates and compounding.

Mortgage memoranda should be reviewed closely, as they often contain expansive enforcement and discharge provisions. Any indication that a deed may be required at settlement should be addressed early by requesting a draft, and any proposed deed should be scrutinised for the scope of releases, indemnities and confidentiality obligations.

Where security is sought for anticipated claims, it must be raised before settlement is refused and be proportionate. Above all, early independent legal advice is critical, particularly as default progresses and options narrow.

How We Can Help

We regularly act for borrowers, guarantors and property owners in disputes arising from mortgage enforcement, default and redemption, including matters involving privately arranged commercial lending facilities. We advise on whether enforcement action has been validly taken, the scope of redemption rights and valid tender, whether discharge conditions are supported by the loan documents, and the enforceability of settlement deeds, including confidentiality and indemnity provisions. We also advise on urgent injunctive relief to restrain wrongful possession or sale. These matters are often time-critical, and delay can have serious consequences. If you are facing pressure from a lender or concerns about settlement terms, we encourage you to seek advice promptly.

Conclusion

Evolve Wealth Corp Pty Ltd v QB Finance Pty Ltd confirms that a mortgagor’s right to redeem upon payment of the amount owing cannot be used as leverage to extract broader releases, indemnities or confidentiality obligations than those provided for in the mortgage. It also underscores that courts will not hesitate to scrutinise and reject overreach by private lenders and their advisers, with potentially significant consequences, including loss of interest and failed enforcement action.

Russell Hall
Associate

In recent years, the idea of the “side hustle” has evolved dramatically. What might begin as a weekend passion project, whether selling products online, monetising social media content, or offering coaching or advisory services, can quickly become a serious revenue stream.

For many entrepreneurs, however, the legal structure of the business does not always evolve as quickly as the business itself.

Operating under a personal ABN might be perfectly adequate when you are testing an idea. But once income becomes regular, clients are recurring, or the brand begins to grow, the legal risks and commercial opportunities change significantly.

For Australian online businesses and influencer-led ventures, transitioning from a side hustle to a properly structured enterprise is not just a formality; it is an essential step in protecting the business, the brand, and the people behind it.

The Rise of Online Micro-Enterprises

The modern digital economy has created an entire category of businesses that sit somewhere between traditional SMEs and personal brands. These include:

• e-commerce stores and product brands;
• influencer partnerships and sponsored content businesses;
• digital course creators and online coaching services;
• subscription-based communities or advisory platforms;
• affiliate marketing and digital product businesses.

Many of these ventures begin informally; often run by a single founder using a personal ABN.

However, once revenue becomes consistent, partnerships emerge, or contractors are engaged to help scale the business, the legal and commercial structure should mature accordingly.

When a Side Hustle Becomes a Real Business

There is rarely a single moment when a side project becomes a business. Instead, there are practical indicators that the venture has crossed that threshold:

• recurring or predictable income;
• multiple collaborators or contractors involved in operations;
• a recognisable brand or audience following;
• intellectual property (content, products, courses or software) with commercial value;
• partnerships, sponsorships, or distribution arrangements.

At this point, continuing to operate purely through a personal ABN can expose the founder to unnecessary legal risk and may limit the commercial scalability of the business.

Terms & Conditions: Your First Line of Protection

Online businesses often rely heavily on website terms and conditions, platform rules, or digital service agreements.

However, many founders simply copy template terms from the internet or use generic website generators without understanding whether those terms are legally enforceable in Australia.

For terms to be effective, they must be (amongst other things):

• properly incorporated into the transaction process;
• consistent with the Australian Consumer Law and privacy laws;
• clear about refunds, cancellations, and service limitations; and
• appropriate for the particular business model.

Poorly drafted terms can create the false impression of protection while offering very little real legal enforceability. 

And while it may be tempting to copy another business’s terms and conditions, doing so can create unintended legal risks, including potential copyright infringement, and fails to properly address the unique aspects of your own business. 

Consumer Law Risks Are Often Overlooked

Many online entrepreneurs assume that consumer protection laws apply mainly to large retailers. In reality, the Australian Consumer Law (ACL) applies equally to small online businesses.

Common risk areas include:

• advertising claims made in social media content;
• guarantees or performance promises for digital products or courses;
• refund policies that attempt to limit or exclude consumer guarantees under the ACL; and
• testimonials or before-and-after marketing claims.

Even influencer partnerships can trigger consumer law exposure if sponsored content is misleading or not properly disclosed.

Understanding how the ACL applies to online services, digital goods, and influencer marketing is critical for growing businesses.

Intellectual Property: Who Actually Owns the Brand?

For influencer businesses and collaborative online ventures, intellectual property ownership can quickly become complex.

Consider the following common scenarios:

• A designer creates your logo or brand assets.
• A videographer produces social media content.
• A collaborator helps build an online course.
• A contractor writes training materials or e-books.

Without a properly drafted agreement, the creator of the work may retain the intellectual property rights (even if you paid them to produce it).

This can create serious issues later, particularly if the business grows, attracts investors, or is sold.

Clear agreements dealing with intellectual property ownership and licensing are essential whenever external collaborators contribute to the business.

Contractors vs Employees: A Growing Compliance Risk

As online businesses scale, founders often engage virtual assistants, social media managers, editors, or customer service staff. Many of these relationships are labelled as “contractors”.

However, under Australian law, simply calling someone a contractor does not determine their legal status.

If the working relationship more closely resembles employment, for example, where the worker:

• works regular hours;
• is integrated into the business;
• is directed how and when to perform their work;
• does not operate an independent business of their own,

then the arrangement may legally be considered employment.

Misclassification can expose the business to claims for unpaid leave entitlements, superannuation, and penalties.

Protecting the Brand: Trademarks Matter

For many online businesses, the brand itself becomes one of the most valuable assets. Yet many founders assume that registering a business name or securing a domain name automatically protects their brand.

In Australia, the only effective way to secure exclusive rights to a brand name or logo is through trademark registration. Without a registered trademark, another business could potentially register the same or similar name and prevent you from expanding your brand.

For influencer brands, product lines, and e-commerce stores, trademark protection is often a crucial early step in building long-term value.

The Structural Question: Is a Personal ABN Still Appropriate?

Many founders begin operating as a sole trader under a personal ABN, which is simple and inexpensive.

However, once a business becomes profitable or begins generating recurring income, that structure can present several limitations:

• unlimited personal liability;
• difficulty separating personal and business finances;
• reduced credibility with partners and investors;
• tax inefficiencies as income grows.

In many cases, transitioning to a company or trust structure can provide better asset protection, commercial flexibility, and long-term scalability. 

The right structure will depend on factors such as:

• the business model
• revenue profile;
• risk exposure;
• growth plans and potential investors; and
• intellectual property ownership.

Turning a Side Hustle Into a Scalable Business

The transition from side hustle to structured business is not simply about compliance, it is about building a platform for sustainable growth.

Well-structured online businesses benefit from:

• clear ownership of intellectual property;
• properly drafted commercial agreements;
• enforceable website terms and conditions;
• brand protection through trademarks;
• appropriate tax and asset protection structures; and
• limited exposure to liability.

Taking these steps early can prevent costly disputes and position the business for future expansion, partnerships, or sale.

How We Assist Online Businesses and Creators

Our commercial lawyers regularly advise founders, creators, and digital entrepreneurs as their businesses grow beyond the early start-up phase.

Our work in this area spans a broad range of commercial matters, including assisting clients with:

• business structuring and restructuring;
• website terms and conditions and privacy policies;
• influencer and brand collaboration agreements;
• intellectual property ownership and licensing;
• trademark registration and brand protection; and
• contractor and employment agreements.

As online ventures mature, the legal framework supporting them should evolve as well. If your “side hustle” has started generating consistent revenue or expanding into a broader brand, it may be time to consider whether the legal structure supporting it is still fit for purpose.