Rees O'Brien | Lawyer & law firm

Rees O'Brien

Phone: +61 7 5482 1933

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25.01.2022 In our industrial relations system we have awards which are documents that specify minimum standards for things such as hours of work and pay in various industries. Companies have the ability to negotiate with their employees to change their awards. In the end they end up with what is called an enterprise agreement which then covers employees who work for that company instead of their award. Once an enterprise agreement has been agreed upon by the employer and employee th...e agreement must be approved by the Fair Work Commission. However, the FWC will not approve an enterprise agreement unless it leaves employees better off overall than had the original award applied. This is the BOOT test. The BOOT test (or similar protection) is important for employees because it prevents employers pressuring their employees to accept below award conditions of employment.

24.01.2022 Here is a short video on defamation and social media. I talk briefly about the Mt Tamborine State High School Principal who sued parents over comments they made about her on social media.

23.01.2022 Magistrate: Are you Mr Jones? Mr Jones: I am a flesh and blood sentient-man. Magistrate: *sighs heavily* Me: *Grabs popcorn*

21.01.2022 It’s virtual mediation time! While phone/video mediation is very convenient, there is something to be said for face to face, in person, negotiation. I can’t wait for things to go back to normal, but I hope we take advantage of the lessons learned from this experience and find a new normal.

20.01.2022 Concerned about how COVID-19 may affect parenting arrangements when Court Orders are in place? Chief Justice of the Family Court and Federal Circuit Court Will Alstergren, in a radio interview with Triple M Melbourne, has given some essential advice for parents in this very situation. In a nutshell, he encourages parents to be calm, reasonable and sensible. Try to comply with Orders were possible, but when its not, seek to comply with the spirit or purpose of the Orders. This... might mean moving change over locations or facilitating a few more phone/skype conversations. The important thing is that it does not matter what happened in the past, we need to think about the future, and what is best for the children. On a side note: I think the Chief Justice interviewing on a popular radio station is an excellent display of leadership. It is disappointing when I run into people who have lost faith in our family law system. Small things such as this interview provide a great insight for people. It shows that the hand that decides is also the hand that guides.

18.01.2022 Part 2 https://youtu.be/Vxwm9cAtzqk

16.01.2022 You may have seen the video going around of the women refusing to wear a mask in a Melbourne Bunnings. As someone who worked in retail for years I really feel for the staff. The one thing these pseudo legal crazies have in common is that the law only seems to apply to them when it’s convenient for them. For example, the idea that you need to consent for a law to apply to you. If you don’t want to consent to wearing a mask then how about I don’t consent to the law of assault and smack you.

16.01.2022 I’m thinking of doing some videos. I’ve been searching YouTube for inspiration; I am not disappointed. I would hire this guy.

15.01.2022 In Queensland ‘Domestic Violence’ is very broadly defined. It can include behaviour that: (a)is physically or sexually abusive; or (b)is emotionally or psychologically abusive; or (c)is economically abusive; or... (d)is threatening; or (e)is coercive; or (f)in any other way controls or dominates the second person and causes the second person to fear for the second person’s safety or wellbeing or that of someone else. This includes but is not limited to: (a)causing personal injury to a person or threatening to do so; (b)coercing a person to engage in sexual activity or attempting to do so; (c)damaging a person’s property or threatening to do so; (d)depriving a person of the person’s liberty or threatening to do so; (e)threatening a person with the death or injury of the person, a child of the person, or someone else; (f)threatening to commit suicide or self-harm so as to torment, intimidate or frighten the person to whom the behaviour is directed; (g)causing or threatening to cause the death of, or injury to, an animal, whether or not the animal belongs to the person to whom the behaviour is directed, so as to control, dominate or coerce the person; (h)unauthorised surveillance of a person; (i)unlawfully stalking a person.

15.01.2022 This video is the 1st part in a two part series from Legal Aid Victoria on how to handle door-to-door sales people. This information is also applicable to those door-to-door hail damage scammers. I'm not sure if it would work on Jehovah's witnesses, but you could give it a go. "No sir I have not heard the good news, and I am satisfied with my current religion provider thank you". https://youtu.be/FFEiDr7H-z0

11.01.2022 Disclosure in property and parenting matters is complicated. Here are some frequently asked questions answered.

11.01.2022 Will a COVID-19 mortgage deferral with my bank affect my credit report? Are you worried about how applying for hardship on your mortgage, credit card or person...al loan will affect your credit report? The good news is if you have a loan with a bank the @AustralianBankerAssociation members have agreed that if you were not behind on your loan before COVID-19 and have had to apply for financial hardship because of COVID-19, your credit report will not be affected. Read the full media release from the Australian Bankers Association: https://bit.ly/2RhtISO For more information about consumer rights visit our website https://bit.ly/33FBV8b The Australian Competition & Consumer Commission also has relevant and up-to-date information for consumers in relation to COVID-19: https://bit.ly/2xfG6ve If you need help paying your energy bills during COVID-19, the Energy and Water Ombudsman Queensland also has some great information about what to do: https://bit.ly/2wjYDqd You can also call Legal Aid Queensland for help on 1300 65 11 88. #yourrights #legalaidqueensland #coronavirusaustralia #finance #financialcounselling #covidqueensland ACCC Consumer Rights

10.01.2022 For the international students who must return home and can no longer enjoy the benefit of the accomodation, their leases are arguably voidable and so far it seems that QCAT would agree.

08.01.2022 Our history, good or bad, is important. "The past is the present, and so the future".

08.01.2022 Here’s a bit of a behind the scenes look at where the ‘magic’ happens: I’m about to attend a hearing in the Fed Circuit Court via Microsoft Teams.

06.01.2022 Here is a short guide for separated parents looking to formalise a co-parenting arrangement.

06.01.2022 These door to door scammers are absolute grubs. The Australian Consumer Laws offer specific protections to consumers against this kind of on-the-spot transaction, however if you hand over any money for a deposit etc it will be extremely hard if not impossible to get back. My advice - avoid agreeing to anything on your doorstep, definitly don’t sign anything (no matter what they tell you it is), and don’t hand over any money until the job is done. There was a company running a...round town shortly after the Oct 2018 hail storm touting that they would handle your insurance claim for nothing. The reality was that it wasn’t for nothing, they were receiving secret commissions. And that wasn’t even the worst part! They were targeting the elderly and the vulnerable, making them sign documents on their doorstep then telling them that they were ‘locked in’; which was completely false and illegal. If they tried to cancel the arrangement, the company would send them a bill for about 20% of the amount that their insurance claim was worth. They relied on a term in the agreement that provided that if the property owner cancelled the agreement they would have to pay. Once again this term was illegal. But the poor property owners don’t know. It was all sorts of dodgy. See more

05.01.2022 There is nothing worse than spending your life savings on a luxury European River Cruise and it gets cancelled and replaced with a crappy European Bus Tour. Compensation for disappointment or distress resulting from a breach of contract is not normally something awarded by the Courts. However, exception is made to the general rule where the object of the contract was to provide relaxation or enjoyment.

02.01.2022 A quick video for anyone wondering what their rights are to breach court orders during the pandemic.

02.01.2022 Our Dispute Resolution Branch is open and continuing to provide services to the community. We're conducting mediations, child protection conferences and adult r...estorative justice conferences via phone & videoconference so you don’t have to attend face-to-face or use public transport. We've had to cancel our training courses but are investigating alternative ways to deliver them. www.qld.gov.au/disputeresolutionbranch #mediation #disputeresolution

01.01.2022 Anyone up for a Facebook stoush?