Robinson Nielsen Legal

Robinson Nielsen Legal Offering commercial and personal legal services. Partnering with you to provide advice and solutions. Protecting your business and brand.

Are post-termination covenants against competing, soliciting or dealing valid and enforceable against a former employee?...
19/08/2026

Are post-termination covenants against competing, soliciting or dealing valid and enforceable against a former employee?

The starting position regarding restrictive covenants is that they are generally regarded as unenforceable on the grounds of being contrary to public policy. In certain circumstances though, they may be found to be enforceable where the employer is able to show that:

• The employer has a legitimate business interest to protect; and
• The time frame and geographical coverage of the restraint is reasonable in light of that interest.

For example, preventing an employee from pursuing or dealing with clients, customers or suppliers they had contact with during the course of their employment, may be a legitimate business interest to protect. So to may prohibiting a former employee from working for a competitor or establishing his or her own business in competition with the former employer in the geographical area and for the time period specified in the restraint clause.

Courts in Australia will often read down the geographical scope and time frame of clauses that would otherwise be unenforceable to what is regarded as a reasonable restraint. For that reason, clauses are often drafted with cascading dates and geographical areas.

If you require advice on your rights and obligations as an employer or employee, please call us on 07 3036 0649 or email [email protected]




Have you experienced adverse action?Adverse action is a harmful action that someone takes or threatens to take in an emp...
12/08/2026

Have you experienced adverse action?

Adverse action is a harmful action that someone takes or threatens to take in an employment c/ workplace context.

It may include being dismissed; being demoted; being overlooked for promotion; being treated differently from others in the workplace; not being hired; having your job changed (for example by cutting shifts or hours), or being threatened with any of these.
General protections laws protect employees and others from having harmful (adverse) action taken against them for a prohibited reason.

Prohibited reasons include:
• workplace discrimination
• having or using a workplace right
• being away from work because of sickness or injury
• engaging in industrial activities
• sham arrangements

If you are an employee, prospective employee, or independent contractor and have experienced an adverse action, or an employer defending a claim, contact us on 07 3036 0649 or [email protected] to discuss how we might help you.



What to do if a default judgment is made against you or your company?If a default judgement has been made against you or...
06/08/2026

What to do if a default judgment is made against you or your company?

If a default judgement has been made against you or your company, it is critical to seek urgent legal advice. A default judgement can be very damaging to your reputation and will likely impact your credit rating.

A court will enter a default judgement where a legal proceeding has issued against a person or entity and they have failed to either pay the amount claimed within the time specified or have failed to file a Defence in the Court within 28 days of service of the legal proceedings claiming the amount. The default judgement is a court order directing that you or your company owe money, interest and legal costs to another party.

In Queensland, a court has the discretion to set aside a default judgement in the following circumstances:
1. The judgement was obtained irregularly;

2. There is a genuine defence to the claim, including that:

• there has been no delay in applying to set aside the judgement;
• you have a reasonably arguable defence to the claim; and
• if you filed a defence late, that you have a reasonable explanation for doing so.
3. The parties both agree to set aside the judgment aside.

If you have been served with legal proceedings, or a default judgment has been entered against you, please contact us to discuss how we might assist you: 07 3036 0649 or [email protected]





Don't become bound by an unfavourable Commercial Lease?A commercial lease agreement is a written contract that binds a l...
05/08/2026

Don't become bound by an unfavourable Commercial Lease?

A commercial lease agreement is a written contract that binds a lessor and the lessee, while setting out their rights, obligations, and risks. In return for rent, the lessee is granted exclusive possession of premises owned by the lessor for a defined period.

A commercial lease differs from a retail shop lease and a residential tenancy. Whilst the terms of a commercial lease are usually heavily negotiated between the parties, in both a residential tenancy and a retail shop lease, the terms are primarily governed by legislation and for that reason somewhat standardised.

The parties to a commercial lease have considerable freedom to agree on the length of the lease term, how rent will be reviewed, the permitted use of the premises, who will be responsible for the fit-out of the lease premises, make good obligations and dozens many other commercial terms.

A poorly drafted lease or clause in a lease, can lock you and your business into years of unfavourable or restrictive conditions.

If you need advice on or a review of a commercial lease before you sign, please contact Robinson Nielsen Legal on 07 3036 0649 or email us [email protected]




Timing Matters – Don’t Wait to Enter a Shareholders Agreement!The best time to enter into a shareholders’ agreement is a...
04/08/2026

Timing Matters – Don’t Wait to Enter a Shareholders Agreement!

The best time to enter into a shareholders’ agreement is at the time a company is established and before any issues arise with your fellow shareholders.

Negotiating the terms on which you will engage with other shareholders in the company is more straightforward when everyone is on good terms and focused on building the business. Leaving it until problems emerge is often too late!

If you are forming a new company, bringing on a business partner, or restructuring the ownership of your business, you should seriously consider putting a formal shareholders agreement in place.

If you want advice on the preparation of a shareholders agreement, you can contact Robinson Nielsen Legal on 07 3036 0649 or [email protected]




Have you entered a binding contract?For a legally binding and enforceable contract to exist, several elements must be es...
03/08/2026

Have you entered a binding contract?

For a legally binding and enforceable contract to exist, several elements must be established. You must consider:

1. Was there an offer?
2. Has there been an acceptance of that offer?
3. Did the parties intend to create legal relations?
4. Is there consideration?
5. Are the terms expressed with sufficient certainty?
6. Did the parties have capacity to enter into the contract?
7. Was it necessary for the agreement to be in writing? (for example, a contract for the sale of land)

If any of these elements do not exist, it is generally the case that you will not have a valid and enforceable contract.

If you require advice as to whether you have a binding and enforceable contract or other legal rights, you can contact Robinson Nielsen Legal on 07 3036 0649 or [email protected]





Why your company needs a shareholder's agreement?It is all too often that we hear of the following avoidable issues bein...
03/08/2026

Why your company needs a shareholder's agreement?

It is all too often that we hear of the following avoidable issues being encountered by business owners (who are shareholders in a company):

• The founding shareholders have had a falling out and one has stopped contributing either their time or financially to the company, but refuses to sell their shares;
• One shareholder wants to sell or transfer their shares to a third party, and no mechanism is in place to prevent that;
• A shareholder dies or loses capacity and their family wishes to become involved in the management of the company;
• A disagreement occurs as to whether to distribute dividends (and how much), or whether to re-invest profit into the operation of the business;
• A dispute as to the control of the day to day management of the business arises.

In each of these cases, a robust and well drafted shareholders’ agreement would provide a clear solution.

If you want advice on the preparation of a shareholders agreement, you can contact Robinson Nielsen Legal on 07 3036 0649 or [email protected]



Statutory Demand v Letter of Demand?A letter of demand will commonly be in the form of a firm request for payment or oth...
01/07/2026

Statutory Demand v Letter of Demand?

A letter of demand will commonly be in the form of a firm request for payment or other action. It will warn as to the legal consequences of failure to comply and foreshadow the escalation of the demand to formal legal processes. Often a letter of demand will trigger payment or the required action or otherwise be the catalyst for a negotiated outcome.

A statutory demand on the other hand is a formal and serious step, which may trigger the presumption of insolvency, if the recipient company fails to comply. A recipient of a statutory demand has 21 days to satisfy the demand or must make an application to the Court to set aside the demand. Time is of the essence if you are served!

A creditors statutory demand should be used where there is no genuine dispute as to whether the debt is due and owing in the amount claimed.

If you need advice on recovery of monies, issuing a demand or litigation strategy, contact us on 07 336 0649 or [email protected]


Increase in High-Income Threshold for Unfair DismissalsFor dismissals occurring on or after 1 July 2026, an increased hi...
01/07/2026

Increase in High-Income Threshold for Unfair Dismissals

For dismissals occurring on or after 1 July 2026, an increased high-income threshold cap of $190,100 will apply.

The high income threshold operates as a limit to an employee’s eligibility to be protected from unfair dismissal under the terms of the Fair Work Act. If an employee is not covered by a modern award, and an enterprise agreement does not apply to them, they must have earnings of less than the high income threshold.

The compensation cap for unfair dismissal cases and unfair termination by a road transport business will be $95,050.

Contact Robinson Nielsen Legal (07 3036 0649 or [email protected] ) if you would like advice regarding unfair dismissal.


Are you looking to sell your business?If you are looking to sell your business, it is important to consider the legal im...
14/04/2026

Are you looking to sell your business?

If you are looking to sell your business, it is important to consider the legal implications of the sale, not just the sale price! Some key matters to consider from a legal perspective when selling your business:

• Understand the legal structure of your business. Are you a sole trader, a company or trading under another structure such as a joint venture or partnership? Is there a trust in place?

• Each structure will attract different legal, accounting and tax consequences and may impact the nature of the agreement you will enter with a potential buyer (for example, it may be an asset sale, or a sale of shares). This agreement setting out the terms and conditions of the sale will be critical to promote and protect your interests.

Robinson Nielsen Legal can provide guidance and advice to assist you with the legal aspects of selling your business. Call us on 07 3036 0649 or email [email protected]





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