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

Starting a new business outside a restraint area does not necessarily mean you are prohibited from advertising online.A ...
15/10/2026

Starting a new business outside a restraint area does not necessarily mean you are prohibited from advertising online.

A restraint of trade clause may restrict where a former employee or business owner can compete, the services they can provide or whether they can approach former clients. However, the mere accessibility of a website or social media page within a restricted area does not automatically constitute a breach.

The distinction often lies between maintaining a general online presence and actively targeting customers within the restricted area. Activities such as postcode-targeted advertising, promoting services in restricted suburbs or directly approaching former clients may carry greater legal risks.

Whether these activities breach a restraint depends on the wording of the agreement, the nature of the business activities and whether the restrictions are reasonably necessary to protect a legitimate business interest.

Read our full article on restraint of trade and online advertising here: https://robinsonnielsen.com.au/restraint-of-trade-can-you-advertise-a-new-business-online/

General information only. Not legal advice.

If you believe you have been unfairly dismissed, you generally have just 21 calendar days from the date your dismissal t...
30/09/2026

If you believe you have been unfairly dismissed, you generally have just 21 calendar days from the date your dismissal takes effect to lodge an application with the Fair Work Commission.

A dismissal may be unfair where it is harsh, unjust or unreasonable. This can include circumstances where there was no valid reason for dismissal, an employee was not given a proper opportunity to respond, or the process followed by the employer was unfair.

Eligibility requirements apply, including minimum employment periods and rules relating to award or enterprise agreement coverage and income. For dismissals occurring on or after 1 July 2026, the high income threshold is $190,100.

Different considerations may also apply if you were made redundant, forced to resign, or believe you were dismissed because you exercised a workplace right or had a protected attribute.

The 21-day deadline is strict, so it is important to understand your options promptly.

Read our full article on unfair dismissal here: https://robinsonnielsen.com.au/unfair-dismissal-in-queensland-you-have-21-days/

General information only. Not legal advice.

7 hearing days. 18 grounds of appeal. A unanimous result. Robinson Nielsen Legal acted for Mineralogy Pty Ltd, the succe...
18/09/2026

7 hearing days. 18 grounds of appeal. A unanimous result.

Robinson Nielsen Legal acted for Mineralogy Pty Ltd, the successful first respondent in Sino Iron Pty Ltd v Mineralogy Pty Ltd [2026] WASCA 71, before the Court of Appeal of the Supreme Court of Western Australia.

Earlier this week we posted about the first instance decision, which the CITIC parties then appealed on 18 grounds.

The Court of Appeal unanimously upheld the findings of the primary judge. The CITIC parties had not established a breach by Mineralogy of any express or implied term, including good faith, that would have required it to grant additional mining tenure on the terms they sought.

The project is a magnetite ore operation in the Pilbara that has been running since around 2008, with estimated capital expenditure of more than $12 billion.

We instructed a counsel team of Peter Dunning KC, Matt Karam, Kris Byrne, Henry Cooper and Dominic Fawcett, both at first instance and on appeal.

The full article, including a link to the judgment, is on our website.

https://robinsonnielsen.com.au/court-of-appeal-success-sino-iron-pty-ltd-v-mineralogy-pty-ltd-2026-wasca-71/

A $12 billion mining project. 33 hearing days in the Supreme Court of Western Australia. A judgment running to 637 pages...
15/09/2026

A $12 billion mining project. 33 hearing days in the Supreme Court of Western Australia. A judgment running to 637 pages, with another 300 pages of annexures.

Robinson Nielsen Legal represented Mineralogy Pty Ltd, the successful defendant in Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 15].

The dispute concerned a magnetite ore project in the Pilbara that has been running since around 2008. The plaintiffs wanted Mineralogy compelled to grant them additional mining tenure for no additional consideration, and bought claims in contract, in estoppel and under the Australian Consumer Law when it refused.

The Court accepted Mineralogy's position that no contractual obligation required it to hand over the additional tenure, and that it was not obliged to subordinate its own commercial interests. Each of the plaintiffs' claims failed.

The full article and judgment are on our website.

https://robinsonnielsen.com.au/successful-judgment-sino-iron-pty-ltd-v-mineralogy-pty-ltd-no-15-2023-wasc-56/

If you're a trustee of a family trust in Queensland, the rules changed in April.The Trusts Act 2025 replaced legislation...
11/09/2026

If you're a trustee of a family trust in Queensland, the rules changed in April.

The Trusts Act 2025 replaced legislation that had been in place since 1973. It applies to trusts set up decades ago, not just new ones, and nobody had to do anything for it to apply. It already does.

The change worth knowing about: the Act sets minimum duties for trustees that apply regardless of what the deed says, and they can't be excluded. If your deed contains broad exclusions of liability, drafted on the assumption they would hold, that assumption no longer works.

Beneficiaries also have clearer rights to inspect trust accounts and can ask the court to review trustee remuneration they say is excessive. Records matter more than they used to.

Most deeds won't need replacing. But they should be read against the new Act once, properly.

We've set out what changed and what's worth checking.
Have a read and give us a call if it sounds like your situation.

https://robinsonnielsen.com.au/the-trusts-act-2025-has-been-in-force-since-april-has-anyone-checked-your-deed/ #

General information only. Not legal or financial advice.

Thinking about buying an investment property through your SMSF?Since 10 August 2026, a new limited recourse borrowing ar...
08/09/2026

Thinking about buying an investment property through your SMSF?

Since 10 August 2026, a new limited recourse borrowing arrangement can generally only be used to acquire qualifying business real property.

The test is about how a property is actually used, not how it's described. Some property with a residential character can satisfy it. Some property described as commercial won't.

If you already have an LRBA, or you were part-way through a purchase when the change came in, where you stand depends on your own documents rather than the general rule.

We've written up what changed and the questions worth asking. Give us a call if it sounds like your situation.

https://robinsonnielsen.com.au/smsf-residential-property-borrowing-has-changed-where-buyers-stand-now/

General information only. This post is not legal, financial, tax or investment advice. The application of the rules depends on the particular transaction and documents.

A business name and a trademark serve different legal functions. It is critical to understand the difference.If you inte...
07/09/2026

A business name and a trademark serve different legal functions. It is critical to understand the difference.

If you intend to trade as a business in Australia, you must register a business name with ASIC. This registration is a mechanism to identify who own or runs a business. Whilst it allows you to trade under that name, it will not give you ownership of the name or any exclusive right to use it.

To protect your brand, trademark registration is required. A trademark provides you with the exclusive right to use the mark or to authorise others to use it, in relation to the goods and/or services for which it is registered, as well as the right to take action if the mark is infringed. A trademark registered through IP Australia.
If you have a business name only, another business could use a similar name. With a registered trademark you may prevent a competitor from using names that are confusingly similar for the same or similar registered goods and/or services. This will protect the investment you make in your brand as the value of your business grows.

Generally, we recommend that businesses, register both a business name and a trademark.

To maximise brand protection and to obtain advice specific to your circumstances, contact us at Robinson Nielsen Legal on 07 3036 0649 or [email protected] to discuss how we can




Is Your Company’s Meeting its ASIC Obligations?Australian companies must comply with ASIC’s rules and regulations to avo...
04/09/2026

Is Your Company’s Meeting its ASIC Obligations?

Australian companies must comply with ASIC’s rules and regulations to avoid deregistration and/or fees and penalties.

ASIC must be informed of key company details and any changes to those details, generally within 28 days of any change. This includes the registered office and principal place of business addresses, officeholder details, share structure, and shareholder information.

Companies must also maintain accurate financial records documenting all transactions for a minimum of seven years under the Corporations Act 2001 (Cth) and must pay all ASIC fees including annual review fees and lodgement fees when they fall due.

Each year, the directors of a company must review the company’s annual statement to confirm all details are correct, pay the annual review fee, and pass a solvency resolution confirming the company can pay its debts as they fall due.

If you require assistance knowing or complying with your ASIC obligations, please contact Robinson Nielsen Legal on 07 3036 0649 or [email protected] to see how we can assist you.





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.



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