Aitken Whyte Lawyers

Aitken Whyte Lawyers Aitken Whyte Lawyers Brisbane, for all your business and personal legal services. Call now on 07 3229 4459.

Aitken Whyte Lawyers (https://www.awbrisbanelawyers.com.au/) is a long established reputable boutique law firm servicing the business and community needs in Brisbane and Queensland. Our lawyers and solicitors are conscious of the trust and confidence placed in them by our clients. Our law firm drives to create value in the delivery of legal services to ensure satisfaction of all our clients’ legal

requirements, priding ourselves on setting and meeting the highest standards in the delivery of these. Some of the legal services our experienced solicitors provide include:

Civil Litigation & Commercial Litigation Disputes
Bankruptcy Advice
Insolvency Law & Corporate Insolvency
Professional Negligence
Intellectual Property Litigation & IT Litigation
Employment Law
Contesting Wills & Disputing Wills
Criminal Defence & Criminal Law
Drink Driving, DUI, Drug Driving, Unlicenced Driving, Restricted Work Licences, Special Hardship Orders and all other Traffic Law

Call Aitken Whyte Lawyers on 07 3229 4459 for solutions and results, for expert and experienced advice to represent you at this important time. For more information about our services visit http://www.awbrisbanelawyers.com.au/law-firm-lawyers-brisbane-solicitors.html

New Domestic Violence Protections For Queensland Now In ForcePolice Protection Directions (PPDs) have commenced from 1 J...
14/01/2026

New Domestic Violence Protections For Queensland Now In Force

Police Protection Directions (PPDs) have commenced from 1 January 2026. PPDs give police greater powers to take immediate action in domestic violence situations.

If police have served you with a PPD, it's important to understand:

• what these directions mean;
• how long they last;
• the consequences of breaching them; and
• your options to have them reviewed.

Read our article in full to find out:

1. When police can issue a PPD;
2. What conditions PPDs can include;
3. What happens if you breach a PPD;
4. How to apply for a Police or Court Review; and
5. When the Court may make a Domestic Violence Order.

Our lawyers can guide you through navigating a PPD or any domestic violence matter. We offer clear legal advice with compassion, so that you don't have to face these challenges alone.

Learn how QLD's Police Protection Directions (PPDs) work, what they mean, & how to seek a review. Our experienced Domestic Violence Lawyers can offer guidance.

Company Directors: don’t ignore a Director Penalty Notice (DPN)The ATO has increased its debt recovery efforts against b...
01/12/2025

Company Directors: don’t ignore a Director Penalty Notice (DPN)

The ATO has increased its debt recovery efforts against businesses.

A DPN can make a director personally liable for company tax debts.

Read our article to learn:

- the difference between lockdown and non-lockdown DPNs;
- the consequences of failing to act within the critical 21-day deadline;
- the possible defences to a DPN; and
- what steps you can take to protect yourself.

Aitken Whyte Lawyers can assist you with company insolvency matters and provide you with commercial advice. Contact us today to safeguard your business and personal assets.

Learn when the ATO will issue a lockdown or non-lockdown DPN, when liability applies, & about possible defences. Contact Aitken Whyte Lawyers for legal advice.

Jack’s Law is now permanent in QueenslandFrom 12 June 2025, police permanently have expanded powers to conduct wand sear...
19/11/2025

Jack’s Law is now permanent in Queensland

From 12 June 2025, police permanently have expanded powers to conduct wand searches in public places without a warrant. This change has serious implications for anyone stopped while carrying a knife or other prohibited item.

If you’ve been charged following a search under Jack’s Law, it’s vital to know your rights.

Aitken Whyte Lawyers are here to provide clear advice and strong representation.

Read our article below to understand what Jack’s Law can mean for you on a night out.

Jack’s Law is now permanent in QLD. Learn what these police powers mean for you and get expert representation from Aitken Whyte Lawyers' Criminal Law Team.

When can a Bankruptcy Trustee recover property or set aside a transfer?Have you ever wondered how trustees can undo fina...
07/11/2025

When can a Bankruptcy Trustee recover property or set aside a transfer?

Have you ever wondered how trustees can undo financial or asset transfers before bankruptcy?

Our latest article explores the claw-back provisions under sections 120 and 121 of the Bankruptcy Act. We break down:

• What makes a transaction voidable;
• Key defences available to transferees; and
• How to resolve claims early through negotiation.

When responding to a trustee's claim, understanding your rights is critical. Clear legal advice can help you achieve the best outcome.

Read our article or call us on 07 3229 4459 for expert insolvency and legal advice.

Learn how Sections 120 & 121 of the Bankruptcy Act empower trustees to claw back assets. Understand the available defences and how to reach an early resolution.

Are you a creditor facing an Unfair Preference Claim?Read our article to learn what these claims mean, how they work, an...
28/10/2025

Are you a creditor facing an Unfair Preference Claim?

Read our article to learn what these claims mean, how they work, and what defences may apply. We break down:

• the legal framework;
• key conditions for a liquidator to succeed in an Unfair Preference Claim; and
• practical steps to protect your business.

Call 07 3229 4459 to speak with our insolvency team for legal advice.

Learn how Unfair Preference Claims work, key legal tests, defences, and how creditors can protect themselves. Our lawyers can help you defend a Claim.

𝗡𝗲𝘄 𝗟𝗮𝘄𝘀 𝗼𝗻 𝗪𝗮𝗴𝗲 𝗨𝗻𝗱𝗲𝗿𝗽𝗮𝘆𝗺𝗲𝗻𝘁: 𝗪𝗵𝗮𝘁 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗿𝘀 𝗮𝗻𝗱 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗲𝘀 𝗡𝗲𝗲𝗱 𝘁𝗼 𝗞𝗻𝗼𝘄From 1 January 2025, underpaying wages or entitl...
29/09/2025

𝗡𝗲𝘄 𝗟𝗮𝘄𝘀 𝗼𝗻 𝗪𝗮𝗴𝗲 𝗨𝗻𝗱𝗲𝗿𝗽𝗮𝘆𝗺𝗲𝗻𝘁: 𝗪𝗵𝗮𝘁 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗿𝘀 𝗮𝗻𝗱 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗲𝘀 𝗡𝗲𝗲𝗱 𝘁𝗼 𝗞𝗻𝗼𝘄

From 1 January 2025, underpaying wages or entitlements can now be a criminal offence. Serious penalties can apply to individuals and corporations who shortchange employees. Penalties can including multi-million dollar fines and jail time.

If you are a business owner trying to stay compliant or an employee concerned about your pay, we can help.

Employers:

✔ Review your payroll practices;
✔ Utilise the Voluntary Small Business Wage Compliance Code; and
✔ Seek legal advice about limiting your criminal liability if you identify an underpayment.

Employees:

✔ Report suspected underpayments to the Fair Work Ombudsman; and
✔ Contact an employment lawyer if you need to make a claim.

If you need help navigating these changes, contact Aitken Whyte Lawyers Brisbane.

From January 2025, intentional wage underpayment is a crime. Learn how our lawyers can help employers stay compliant and employees recover what's owed.

REGULATORY SNAPSHOT – AUGUST 2025SNAPSHOTAugust saw a number of prosecutions brought by the Work Health and Safety Regul...
28/09/2025

REGULATORY SNAPSHOT – AUGUST 2025

SNAPSHOT

August saw a number of prosecutions brought by the Work Health and Safety Regulator, including:

• 1 August 2025: A Brisbane-based metal fabrication and welding company was fined $300,000 after a worker was fatally ejected from a metal press. The company was found to have failed in its primary health and safety duty under section 32 of the Work Health and Safety Act 2011 (Qld).

• 6 August 2025 – A company was found guilty after trial and fined $70,000 following a worker's fall into a stormwater drain. The court determined the company failed to comply with its primary health and safety duty.

• 7 August 2025 – A manufacturer and supplier of stamped metal was fined $70,000 for failing to manage risks associated with a table saw, leading to a worker's injury.

• 11 August 2025 – A construction company was fined $50,000 after a scaffold plank fell, breaching section 32 of the Work Health and Safety Act 2011 (Qld).

• 25 August 2025 – A fabrication company was fined $50,000 for failing to manage risks associated with a table saw, leading to a worker's injury.

The Queensland Labour Hire Licensing Compliance Unit also brought a prosecution against an unlicensed labour hire provider for illegally supplying workers to pick and pack produce at two farms in the Mareeba region of North Queensland. The Operator was fined $80,000.

UPCOMING

October is Safe Work Month. It is expected that WorkSafe and related agencies will be actively promoting workplace safety throughout October, potentially coinciding with compliance initiatives or higher enforcement visibility.

October will also see WHSQ inspectors conducting audits of older premises – particularly those built before 1990 – to assess asbestos management practices.

Given the number of prosecutions in the August period, it is likely that Work Health and Safety will continue their investigation and enforcement of breaches in the construction and heavy machinery space.

TRENDS AND COMPLIANCE ALERTS

• Regulators across Australia continue to ramp up enforcement, with increased focus on emerging sectors like financial tech, ESG, cyber-security, and greenwashing. Expect more aggressive litigation from ASIC, AUSTRAC, and other major agencies.

• Notably, workplace regulators are shifting attention toward psychosocial hazards—mental health, harassment, and similar risks—with the legal framework evolving to capture non-traditional safety threats.

• As always, companies which are ignoring risk assessments, licensing or worker protections are going to be key targets for Queensland Regulators.

TAKEAWAYS

• Work Health & Safety Enforcement Remains Strong: Heavy fines, especially in August, serve as a stern warning to businesses—particularly those in high-risk industries like agriculture and manufacturing—to audit and reinforce safety protocols.

• Asbestos Audits Demand Immediate Action: October’s statewide asbestos inspections mean duty-holders must ensure they have compliant registers and management plans, especially in older buildings.

• Broader Regulatory Enforcement Accelerates: A notable uptick in action against financial misconduct, greenwashing, and technological breaches signals that businesses must prepare for multifaceted compliance scrutiny.

• New Focus on Mental Health as a Safety Issue: Organisations must treat psychosocial risk seriously—harassment, workplace culture, stress management—and build cross-functional frameworks that go beyond physical safety.

In Queensland, there are several State and Local Government bodies that are charged with the enforcement of laws and requirements. These can include investigations or prosecutions for such things as: Marine incidents and maritime safety prosecutions; Workplace health and safety investigations and pr...

Substituted Service Applications In Queensland: Risk Of Inadequate PreparationWill your substituted service application ...
12/08/2025

Substituted Service Applications In Queensland: Risk Of Inadequate Preparation

Will your substituted service application hold up to scrutiny? A recent District Court ruling highlights the need for procedural compliance. Enough evidence of reasonable efforts is necessary for a successful application. Given the high standard, a solid understanding of UCPR 116 is critical.

Aitken Whyte Lawyers offer expert guidance on substituted service applications. Learn how to avoid the costly mistakes that can lead to a dismissed application. Read our full article below.

Judge Porter KC's recent ruling underscores the strict standards for substituted service. Learn what's required & how to prepare a successful application.

We are pleased to announce that our Senior Associate, Lachlan Rieck, has been included in the 2026 edition of the Best L...
27/04/2025

We are pleased to announce that our Senior Associate, Lachlan Rieck, has been included in the 2026 edition of the Best Lawyers: Ones to Watch™ in Australia for his work in Litigation.

Lachlan’s inclusion is recognition of his experience and success in commercial litigation, including in the areas of building and construction, property, and disputes between companies, shareholders and partnerships.

Bio Aitken Whyte Lawyers congratulates Senior Associate Lachlan Rieck for being recognised in the Best Lawyers 2026 ‘Ones to Watch in Australia’ for his work in Litigation. Lachlan practices in commercial litigation in a diverse range of matters. Lachlan joined Aitken Whyte Lawyers in July 2018 ...

Removing a Trustee of a Trust in QueenslandThere are three ways to remove a trustee:• Express Power in the trust documen...
02/04/2025

Removing a Trustee of a Trust in Queensland

There are three ways to remove a trustee:

• Express Power in the trust document.
• Statutory Power under the Trusts Act 1973 (Qld).
• Inherent Power of the Supreme Court, focusing on the welfare of beneficiaries.

The recent case of Smith v Kennedy [2025] QSC 27 highlights the Court's role in replacing a trustee when decisions don't align with beneficiaries' best interests.

Need expert guidance on trust matters or disputes? Aitken Whyte Lawyers are here to help.

Rights in trusts, the Trusts Act and the Supreme Court to remove a trustee

Understanding your rights as a director or shareholder seeking access to company documents is crucial for maintaining tr...
06/03/2025

Understanding your rights as a director or shareholder seeking access to company documents is crucial for maintaining transparency and accountability in corporate governance. If you have concerns about the conduct of your company, or a particular director, seeking professional legal advice on the appropriate steps to take can help protect your interests and ensure that your rights are upheld under the law.

Our team of experienced lawyers are available to assist you in navigating these complex legal issues, whether you are a shareholder seeking information or a director needing guidance on your rights and obligations.

Directors, and in some circumstances, Shareholders are able to access Company Documents I Contact a commercial litigation lawyer for legal advice.

A temporary protection order (TPO) is an order made by the Magistrates’ Court in the period before a final decision is m...
28/02/2025

A temporary protection order (TPO) is an order made by the Magistrates’ Court in the period before a final decision is made whether to make a final domestic violence order. The Court will make a TPO if it considers there is a relevant domestic family relationship and that the respondent has committed domestic violence against the aggrieved. Such orders include a condition for the respondent to be of good behaviour to the aggrieved. It is a criminal offence to breach a TPO.

Police protection notices are issued directly by police. They are issued where the police reasonably believe that DV has been committed, where there is no current DFV order in place and is necessary or desirable to protect the aggrieved. For more information about TPOs and PPNs, see our article below.

Brisbane's Best Law Firm | Aitken Whyte Lawyers

Address

2/414 Upper Roma Street
Brisbane, QLD
4000

Opening Hours

Monday 8:30am - 5pm
Tuesday 8:30am - 5pm
Wednesday 8:30am - 5pm
Thursday 8:30am - 5pm
Friday 8:30am - 5pm

Telephone

+61732294459

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