Batch Mewing Lawyers in Brisbane City | Lawyer & law firm

Batch Mewing Lawyers

Locality: Brisbane City

Phone: +61 7 3059 6800

Address: 215 Adelaide Street 4001 Brisbane City, QLD, Australia

Website: https://batchmewing.com.au/

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25.01.2022 Employers will now commit an offence if they make downloading the COVIDSafe App a condition of employment. Its also unlawful to take adverse action against an employee or prospective employee because they refuse to download the app. This follows amendments to the Privacy Act recently. ... Employers can still ask employees to download the app but cannot force the issue.

25.01.2022 If you are starting #construction work in Queensland, or if you are an established participant in the industry in Queensland, it is important to understand the requirements for #licensing and ensure you have the right licence, as non-compliance can have serious implications for your #business. https://batchmewing.com.au/qbcc-licence-requirements-qld/

24.01.2022 WE ARE HIRING PRINCIPALS! Batch Mewing Lawyers is a leader in #ConstructionLaw, acting for #contractors and developers building Australias largest projects. After 4 years as a construction law firm, and following the successful appointment of Richard Gunningham as our Employment, IR and WHS Principal, we are looking to further expand by appointing Principals to lead new practice areas.... That might include Commercial Litigation, Business Advisory and/ or Planning Environment. For the right person, we are open to Principals in other areas. Whilst desirable, the successful appointee does not need a portable practice, but must be keen to implement a business plan to build client relationships for their area. We will help you develop this plan as part of the interview process. The appointee will currently be an Associate/ Senior Associate or salaried Partner/ Principal from a well-regarded practice, have strong technical abilities and an appetite to fast track their careers and build their team. If youre interested, please contact our external consultant Michael Berger on 0438 444 919 or [email protected] for a confidential discussion about your desired practice area, and to determine if Batch Mewing Lawyers is the right culture and environment for you.

24.01.2022 The rate of liquidated damages as a genuine pre-estimate of loss is to be determined at the time the parties entered into the #contract. #construction #constructionlaw

24.01.2022 Managing ill and injured employees can be complicated. What can you do to maintain a healthy relationship with an absent employee, but protect your business at the same time? Find out the answers by coming to our upcoming free seminar - click the link to register and for more information. https://batchmewing.com.au//managing-ill-and-injured-empl/

23.01.2022 Join us for our upcoming webinar: Building a Contingent Workforce for your Construction or Engineering Business In this webinar you will discover: The 3 key steps to start building your pool of qualified contractors today.... Why contingent workers will give you scalability, productivity and profitability. Top tips to make your business a client of choice for the contingent workforce. Whether casual, fixed term or maximum term employment is appropriate for your contingent workforce. Ensuring your casual employees are classified as casuals. https://us02web.zoom.us//8015984/WN_SS5HDnbdRy6p05xf_dL38Q

23.01.2022 Christmas is a happy time for most, home with family or out with friends. But while youre sipping eggnog, theres every chance that some kind of ticking time bomb is waiting for you back on site or at the office. So while youve got a few minutes, try to defuse as many of those as possible before you head off for the year.

23.01.2022 Establishing entitlement to an extension of time in #construction can be complicated, but taking it step by step is often helpful. In Australian Standard contracts, a Contractor’s first step toward an #EOT entitlement is proving a qualifying cause of #delay has occurred, as defined.

22.01.2022 Lets say youve gone to the trouble of submitting a payment claim and going through the security of payment process for adjudication. You receive the adjudicators decision and its good news the decision awards you the entire amount claimed! But then, the other party isnt feeling cooperative and doesnt pay you. What should you do next?... https://batchmewing.com.au/how-to-get-paid-an-adjudication/

21.01.2022 If you're engaging in high risk #construction work, don't neglect this important step.

20.01.2022 Many companies assume having the right policies and paperwork will result in a compliant and safe working environment. Unfortunately thats not the case. If youre in high risk work you should have all the paperwork down pat: golden safety rules, toolbox meetings, risk assessments, take 5s, Safe Work Method Statements, your Work Health Safety Management Plan the list goes on. What are some key elements required to convert policies and procedures to a safe workplace? Find o...ut in our latest article here. #safety #safetyleadership #safetytips https://batchmewing.com.au/leadership-systems-compliance-s/

20.01.2022 Need to know the landscape when it comes to compliance with WHS laws? This is the workshop for you... https://batchmewing.com.au/eve/work-health-safety-workshop/

19.01.2022 #Insurance of #Contract Works is a critical risk management tool for #contractors. But to understand and manage risks, contractors must know what events they are actually insured against. Join us in our upcoming webinar to work through what you need to know.... https://us02web.zoom.us//6815977/WN_w1fFMOKCTKOmeWVfIloRIw

19.01.2022 Batch Mewing is stoked to welcome Richard Gunningham as a new principal to the team. Richard focuses on helping clients with legal matters around employment, industrial relations (including enterprise bargaining, IR strategy and ABCC compliance), safety, privacy and litigation (including restraint of trade, confidentiality, injurious falsehood, underpayment disputes and unlawful discrimination). His addition to the team adds serious firepower to our ability to serve all the needs of our building, construction and mining industry clients.

19.01.2022 Our webinar on Right of Entry for Union Officials and Safety Regulators is coming up soon. It’s important to ensure officials comply with the rules of right of entry sometimes they push the limits of the law and it’s important to pull them up. But how do you know your rights and what to do? By joining our webinar: https://us02web.zoom.us//8615984/WN_o5ORsfOgQ3mp_dzKdDGSkA

18.01.2022 A liquidated #damages clause will be a penalty if the amount payable is extravagant or unconscionable in comparison with the greatest loss that could conceivably be proved. #construction #constructionlaw

18.01.2022 UPCOMING WEBINAR - HOW DO INDUSTRIAL DISPUTES INTERACT WITH PROJECT DELAYS? This interactive webinar and Q&A will cover: How industrial disputes cause project delays; Preventing strikes;... Managing union right of entry delays; and An IR strategy for avoiding delays. Click below to register today. https://us02web.zoom.us//register/WN_TP33NYLHRdq4Z_ujf3fpMQ

18.01.2022 Thanks to everyone who attended this mornings Liquidated Damages seminar, good session with positive client interaction.

18.01.2022 Major Change to NSW SOPA: Endorsement of Payment Claims. Payment claims will now require endorsement stating that they are made under the Building and Construction Industry Security of Payment Act 1999 (NSW). To find out if the other major changes to NSW Security of Payment legislation affect you or your business head to our website to find out more.

18.01.2022 Facing industrial action? Know your rights. Unprotected industrial action in relation to #building work is unlawful under the Building and #Construction Industry (Improving Productivity) Act 2016.

17.01.2022 Join us for our upcoming webinar: Building a Contingent Workforce for your Construction or Engineering Business In this webinar you will discover: The 3 key steps to start building your pool of qualified contractors today.... Why contingent workers will give you scalability, productivity and profitability. Top tips to make your business a client of choice for the contingent workforce. Whether casual, fixed term or maximum term employment is appropriate for your contingent workforce. Ensuring your casual employees are classified as casuals. https://us02web.zoom.us//8015984/WN_SS5HDnbdRy6p05xf_dL38Q

17.01.2022 You were constructing many great projects. Tunnels, schools, apartment blocks and more. The projects were on time and on budget. All of sudden, COVID-19 hits. The wheels fall off. You cant get your supplied items out of China. Interstate deliveries are delayed. You are met with restrictions on how to resource the sites. You are schooled on a new term: social distancing. Your project outcome hopes slip. You scramble to recover, to get the jobs back on track.... You then turn your mind to the delays. The jobs may very well now be late. The dates for practical completion wont be met. You could be exposed to significant liquidated damages. You review the construction contract. The EOT events (or Qualifying Causes of Delay) is a short list. Theres no chance of a successful delay claim. What now? https://bit.ly/2zDJcus

17.01.2022 It is illegal for a #business to treat a worker as an independent #contractor if the business knows the worker is an #employee, or if it is reckless about that. Incorrectly characterising a worker as an independent contractor also creates unpaid superannuation and workers’ compensation liabilities, attracting further penalties. In our upcoming webinar you will learn about:... The consequences of sham contracting. How to manage the risk of sham contracting. Where employers usually trip up, using real world examples. When independent contractors are entitled to superannuation. The impact of recent High Court authority on assessing your sham contracting risk. Register today to find out about this important topic. https://us02web.zoom.us//7016200/WN_wiZcdMXhSd2gkAgCO2dl8g

17.01.2022 The bane of every contractor is the liquidated damages clause. Liquidated damages are a massive stick in the hands of your principal that can quickly cripple the profitability of your job and sour a commercial relationship. In this guide were going to show you: - What liquidated damages are; - Why liquidated damages clauses are commonplace in construction contracts;... - An example liquidated damages clause; - An explanation of the four key elements that influence when liquidated damages apply; - The circumstances in which liquidated damages might be considered an unenforceable penalty; - How contractors can try to negotiate about liquidated damages clauses; and - The intersection between extensions of time and liquidated damages. By the end, youll have a thorough understanding of how to navigate the LD clause in your next contract, from negotiation through to project delivery. So grab a cup of coffee, and lets get started. https://batchmewing.com.au/liquidated-damages/

16.01.2022 Concerned about the increasing scrutiny on how employers meet their obligations to staff? Make sure youre doing it right in our upcoming free Sydney seminar on avoiding employee underpayment. https://batchmewing.com.au//avoiding-employee-underpaymen/

15.01.2022 Managing sick and injured #employees and their return to work can be a legal minefield, particularly if they are unwilling to participate in the process. Join our upcoming webinar to help your business navigate this tricky area. https://us02web.zoom.us//7016200/WN_GwqGJXbxRLq0n8n-sYJ2qQ

15.01.2022 Did you know: a liquidated #damages clause is rendered unenforceable if found to be a penalty. So when completing your #construction contract, be sure to get advice on whether your liquidated damages provisions are going to survive scrutiny - you wouldnt want to find out otherwise when the rubber hits the road.

14.01.2022 Throughout Australia, legislation exists to help #contractors and sub-contractors protect their revenue streams and cash flow in #construction jobs. Generally this is referred to as Security of Payment or SOPA legislation. In this article were going to give you a run down on how the Victorian SOPA regime works.... https://batchmewing.com.au/victorian-sopa-bcispa/

14.01.2022 Thanks to this awesome team in getting involved in such a great cause, Loud Shirt Day 2020 and meeting our legend Edward Mewing to see first hand the amazing work Hear and Say do!

14.01.2022 Liquidated damages due to late completion can quickly turn a profitable project into an unprofitable project. Learn the best ways to minimise your risk and keep a job from turning nasty in our upcoming free webinar. Click below to learn more. #construction #constructionindustry #delays ... https://us02web.zoom.us//register/WN_9A7aH6sfS5mudkG8sqWdkA

14.01.2022 Our first Q&A for #employers about COVID-19 was packed out so quickly we didnt even get to share it on LinkedIn - so if you want to ask questions about how you as a #business should be responding to #coronavirus now is your chance to get in before it fills up again. https://zoom.us/webinar/register/WN_nJ5N7YtuQB-7AB5pNWDmgw

13.01.2022 If youre in Sydney and could use a practical, interactive workshop to help you sharpen you workplace health and safety game - then this one is for you. Its coming up soon on 19 March 2020. Register today. https://batchmewing.com.au/e/work-health-safety-workshop-2/

12.01.2022 We're proud to once again be supporting Hear and Say by participating in Loud Shirt day. Hear and Say help children affected by hearing loss around Australia access vital early intervention services, and learn to listen and speak. We've seen that amazing work first hand with Edward Mewing, part of our own extended BML family. Click the link to support this awesome and much needed service.... https://events.hearandsay.com.au/my-//batch-mewing-lawyers

12.01.2022 Even though were focused on the here and now, its critical to remember how we got to where we are, the sacrifices made by those who came before. We cannot take these things for granted. #notjustonremembranceday

11.01.2022 It’s only a matter of time until we start seeing these cases start to be tested in the courts Find out what our employment law partner Richard Gunningham has to say about the risks of long term working from home arrangements. https://www.lawyersweekly.com.au//29591-long-term-working-

10.01.2022 Taking any steps that might be perceived as forcing an #employee to resign can be fraught with risk, leading to allegations of adverse action and constructive dismissal. Our Richard Gunningham was asked by HRM to comment on just such a case recently, where the Tribunal found that the #employer stepped over the line. You can read the full article here: https://www.hrmonline.com.au//employee-pursues-adverse-ac/

10.01.2022 Major Change to NSW SOPA: Jurisdictional Error. Jurisdictional error in one part of a adjudication decision will not necessarily make the whole decision void. To find out if the other major changes to NSW Security of Payment legislation affect you or your business head to our website to find out more.

09.01.2022 Major Change to NSW SOPA: Adjudicators Time limit for decisions. If the respondent is entitled to lodge an adjudication response, the adjudicator must decide the adjudication within 10 business days from either the date they submit the response, or the last date on which they could have submitted a response. If they are not entitled to submit a response, the previous time limit applies. To find out if the other major changes to NSW Security of Payment legislation affect you or your business head to our website to find out more.

09.01.2022 What should an #employer do if a worker is at risk of having #COVID19? You have a work health safety duty to ensure your workplace is without risk. If a worker is at risk of having COVID-19, direct them not to come to work.... Read our full guide for more (linked in the first comment)

09.01.2022 In contract negotiations, you need to ensure that what you INTEND is what the contract SAYS.

08.01.2022 On October 29 we're exploring all things Security of Payment in Queensland. Join us in this free webinar. Cashflow is the lifeblood of a #construction #contractor. When you don’t get paid for works in QLD, you need to act fast to protect your interests and recover the money owed to you.... In this webinar we will discuss: the payment provisions of the Building Industry Fairness (Security of Payment) Act 2017; how to ensure your claim is valid and follows the strict requirements of the Act; the evidence you will need to persuade an adjudicator that monies are payable to you under your contract; and tips and traps for the #adjudication process. https://us02web.zoom.us//register/WN_pMoiY-3gR9Gt1T3WFN3slg

08.01.2022 Last chance to register for our upcoming free seminar on 12 November - find out tips and traps of liquidated damages

08.01.2022 Supporting Trace PM for their #strongertogether19 campaign through Soldier On.

07.01.2022 All the figures are suggesting that #insolvency in the #construction industry, and generally, is way down despite the massive negative financial impact of COVID-19 on the economy. Its tempting to say that this is a glorious positive note in an otherwise nightmarish situation. We might conclude that government stimulus has been successful at helping businesses hold themselves together despite their customers staying home with their wallets. Unfortunately, negative though it s...ounds, many believe that this is the calm before the storm. Once certain key elements align, theres every chance were going to see a swathe of companies falling into external administration in a short span of time. We obviously hope that isnt what happens, but the only sensible approach to business right now is to hope for the best and prepare for the worst. https://batchmewing.com.au/construction-insolvency-is-down/

07.01.2022 To avoid a penalty finding (and the LDs becoming unenforceable), a party levying LDs must show that the rate of liquidated damages agreed between the parties was a genuine pre-estimate of loss.

06.01.2022 What if your client becomes insolvent or simply is unable or unwilling to pay you for works performed? When can you secure the monies owed to you by charging an amount another party may owe your client? In our upcoming webinar, we will:... Analyse the operation of chapter 4, subcontractors’ charge provisions of the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act). Run through the strict requirements for claiming a subcontractors’ charge. Discuss how to enforce the charged monies by commencing proceedings. Discuss the interplay between the subcontractors’ charge provisions of the BIF Act and the progress payments provisions of the BIF Act. https://us02web.zoom.us//register/WN_YGM-HxRTQtSOd3r0DxI-rw

06.01.2022 Limitation of liability clauses are often a focal point in negotiations and with good reason. An effective limitation of liability in a construction contract can protect a party from millions of dollars of potential claims. In our upcoming webinar principal Andrew Mewing will be discussing and answering your questions about: 1) which areas outside the limitation of liability clause can be a common source of project failure and why you should focus on them too;... 2) how to draft or negotiate an effective limitation of liability clause; 3) the realities of how far you can practically push negotiations on a limitation of liability clause; 4) how and when to utilise a limitation of liability clause in a dispute; and 5) ways in which limitation of liability clauses have been found ineffective to protect risk. https://us02web.zoom.us//7015977/WN_c_8Zo3GhR--RwzKJ-WuKmQ

06.01.2022 Claims for Extension of Time (or #EoT claims) and their associated #disputes play a critical role for many contractors and developers in determining who, if anyone, makes a profit, and how much they make. In an ideal world, all projects would run on time, nothing unexpected would occur, and liquidated damages would be a thing of the past. This isn’t an ideal world, and so we have contracts to help sort things out when #delays occur.... Find out how EoT claims work in practice by reading our latest article! https://batchmewing.com.au/eot-claims-extensions-of-time/

05.01.2022 As of 1 October, important changes to the enforcement mechanisms for payment claims have come into play. In our latest article we summarise the new ways for claimants to collect outstanding monies. https://batchmewing.com.au/ensure-claimants-get-paid-amend/

04.01.2022 Generally speaking, the Court isn't going to interfere with your contract unless there's a legal basis for it doing so.

04.01.2022 On the one hand, most #contractors want to apply a commercial and pragmatic approach to conflict resolution during the course of project delivery. This is often the path of least resistance while the project is underway. On the other hand, those many smaller matters that arise throughout the course of the project which seem inconspicuous at the time can add up to a significant drain on the profitability of the #construction project. Be careful that you have a strategy going in to the project about where your tipping points are - what you can and cannot tolerate, and ensure you dont create a wrong impression about whats acceptable along the way. Doing so can lead to a lot of problems when all of a sudden you have to throw things into reverse.

04.01.2022 Major Change to NSW SOPA: Withdrawing Adjudication Applications. For contracts entered into on or after 21 October 2019, the NSW Security of Payment Legislation now provides an express right for claimants to withdraw adjudication applications. However, the respondent may object to withdraw of the adjudication application where an adjudicator has already been appointed. To find out if the other major changes to NSW Security of Payment legislation affect you or your business head to our website to find out more.

04.01.2022 Looking for the key parts of your contract that are going to impact on your entitlement to an extension of time? A #contractor’s entitlement to an #EOT is often impacted by how the #Contract interprets the critical path, float and concurrency.

03.01.2022 Employment claims are surging as employers consolidate, restructure and reduce wage costs to meet the challenges of COVID-19. This article identifies 6 employment risks as the fallout from COVID-19 continues and will help you manage them. https://bit.ly/2AVdrNT

03.01.2022 Our Michael Batch has been quoted in the AFR about how the current financial situation is impacting the #construction industry. We remain hopeful that meaningful government stimulus will increase confidence, reinvigorating the industry over time and bringing more projects to market. Link to the article is in the first comment.

03.01.2022 New industrial manslaughter laws: individuals, employers and contractors face criminal liability This week there have been major developments involving industrial manslaughter laws across Australia: Queensland: Yesterday the mines Minister announced he will introduce new legislation to extend Queenslands industrial manslaughter offences to the mining and quarry industries.... Victoria and the Northern Territory: Earlier this week the Victorian parliament passed industrial manslaughter legislation, and the Northern Territory parliament followed suit. If found guilty of industrial manslaughter employers and contractors will face millions in fines and individuals (senior officers in Queensland and officers in Victoria and the Northern Territory) will face imprisonment. Do you understand your obligations as an officer, employer, or contractor? For a breakdown of the laws head to our website and check out this article https://batchmewing.com.au/industrial-manslaughter-amendme/

03.01.2022 With the crushing economic impact of #COVID19 on businesses around the country, many have been eagerly waiting for implementation of the governments #Jobkeeper payment scheme. With it, #employers hope to maintain their staff, and by it the government hopes to both sustain business through the turbulent next few months and stimulate the economy in the process. But how does the Jobkeeper scheme work, who qualifies for it, and how do you get it?... https://bit.ly/3a9IHEH

02.01.2022 What are the fundamentals of extension of time claims? To determine EoT entitlement, a #Contractor must ask: - Has a qualifying cause of #delay occurred?... - Have we complied with enforceable time bars? - Have we been delayed in the way the #Contract interprets delay? See more

02.01.2022 The right to an extension of time is an often disputed area during a construction project. Understanding how the law relating to extension of time operates is therefore of critical importance for construction industry participants. In this webinar, we discuss, among other things:... Events triggering a contractual entitlement to an extension of time. Whether the contractor can be entitled to an EOT for delay not falling on the critical path. The calculation of EOT days, including issues of concurrency. How to determine which party owns the float in the construction programme. https://us02web.zoom.us//register/WN_fHQ16in5RoeTR9DB1zZ5yQ

01.01.2022 Major Change to NSW SOPA: No payment Schedule + Potential Adjudication Application = Written Notice of Adjudication Application to Respondent. For contracts entered into on or after 21 October 2019, if the respondent has not provided a payment schedule and you as the claimant want to make an adjudication application, you now have to specially provide written notice to the respondent. To find out if the other major changes to NSW Security of Payment legislation affect you or your business head to our website to find out more.

01.01.2022 Of the many apparently mystical phrases that have crept into legal terminology over the years, without prejudice has to be high on the list. Sort out the fact from the fiction about "without prejudice" communications with our latest article https://bit.ly/3eSx7Bw