Unfair Dismissal During Probation in Queensland: What You Need to Know

Many employees in Queensland believe they have no rights during probation. This is one of the most common misconceptions in employment law. Unfair Dismissal During Probation depends not on what your contract says, but on legal rules under the Fair Work Act 2009.

Understanding your rights early can help you avoid missed deadlines, lost claims, and unnecessary stress.

What Does Probation Really Mean?

A probation period is a trial phase set by employers to assess performance and suitability. However, it is not a legal loophole. Employees are still protected by workplace laws from day one.

The key factor is not probation itself, but whether you meet the minimum employment period, which determines eligibility for an unfair dismissal claim.

Minimum Employment Period Rules

To claim Unfair Dismissal During Probation, you must have worked:

• 6 months for businesses with 15+ employees

• 12 months for small businesses

If you have not reached this period, you may still have rights under General Protections laws, especially if the dismissal involves discrimination or workplace rights.

When Termination Becomes Unfair

Even during probation, termination must not be harsh, unjust, or unreasonable. Common valid reasons include poor performance, misconduct, or operational changes. However, employers should still:

• Provide clear feedback or warnings

• Follow a fair process

• Give proper notice

A rushed or poorly handled dismissal may still lead to legal challenges.

Unfair vs Unlawful Dismissal

Understanding the difference is essential:

• Unfair dismissal focuses on whether the process and decision were reasonable

• Unlawful dismissal relates to prohibited reasons like discrimination, illness, or exercising workplace rights

Importantly, unlawful dismissal protections apply from day one, even during probation.

Time Limits You Cannot Miss

If you believe you experienced Unfair Dismissal During Probation, you must act quickly. Claims must be lodged within 21 days of dismissal. Missing this deadline can limit your options significantly.

Why Legal Advice Matters

Employment disputes can escalate quickly. Early legal advice helps clarify your rights, assess your eligibility, and guide you through the claims process. Whether you are an employee or employer, understanding your obligations reduces risk and improves outcomes.

Frequently Asked Questions (FAQs)

1. Can I claim unfair dismissal during probation?

Yes, if you meet the minimum employment period.

2. What if I haven’t worked long enough?

You may still claim under the General Protections laws.

3. How long is the minimum employment period?

6 months (large business) or 12 months (small business).

4. Can I be fired without warning during probation?

Employers should still follow fair procedures.

5. Is dismissal via text message legal?

Not illegal, but may support an unfair dismissal claim.

6. What is unlawful dismissal?

Termination for discriminatory or prohibited reasons.

7. How long do I have to file a claim?

21 days from the dismissal date.

8. Do casual employees have rights?

Yes, if employment were regular and systematic.

9. What compensation can I receive?

Up to 26 weeks’ pay (subject to legal limits).

Contact Aylward Game Solicitors

📞 07 3236 0001
✉️ mail@aylwardgame.com.au
🌐 aylwardgame.com.au

Article Source: Can You Claim Unfair Dismissal During Probation?

How to Make a Will in Queensland: A Practical Guide for Peace of Mind

Understanding how to make a will is one of the most important legal steps you can take to protect your family and your assets. In Queensland, a properly drafted Will ensures your wishes are followed and helps avoid disputes, delays, and unnecessary legal costs for your loved ones.

What Is a Will and Why Does It Matter

A Will is a legal document that outlines how your estate property, finances, and personal belongings will be distributed after your death. It also allows you to appoint guardians for children and nominate an executor to manage your estate.

Without a valid Will, your estate is distributed under strict legal rules, which may not reflect your intentions.

Legal Requirements in Queensland

If you’re learning how to make a will, it’s essential to meet the legal requirements under the Succession Act 1981 (Qld). A valid Will must:

• Be in writing

• Be signed by the person making the Will

• It was witnessed by two adults at the same time

Failure to follow these steps can make your Will invalid or open to challenge.

Key Elements of a Strong Will

A well-prepared Will should include:

• Appointment of a reliable executor

• Clear instructions for asset distribution

• Backup beneficiaries

• Provisions for dependents

Clarity is critical. Vague or incomplete wording is one of the main reasons Wills are contested.

Planning Beyond the Basics

Knowing how to make a will also means considering broader estate planning. This may include:

• Superannuation nominations

• Enduring Power of Attorney

• Testamentary trusts for asset protection

These tools work together to protect your estate both during your lifetime and after your passing.

Common Mistakes to Avoid

Many people rely on DIY Will kits, which often lead to errors in wording or in the witnessing process. Common mistakes include:

• Not updating the Will after marriage or divorce

• Failing to consider all assets

• Choosing unsuitable executors

Professional legal advice reduces these risks and ensures your Will is legally sound.

When to Review Your Will

A Will should be reviewed regularly, especially after major life events such as marriage, having children, or significant financial changes. Keeping your Will up to date ensures it remains effective and relevant.

Frequently Asked Questions About How to Make a Will

1. How to make a will legally in Queensland?

Follow legal requirements: written, signed, and properly witnessed.

2. Can I write my own Will?

Yes, but it carries a higher risk of errors and disputes.

3. What happens without a Will?

Your estate is distributed under intestacy laws.

4. Who should be an executor?

A trusted, capable person or professional.

5. Does a Will cover superannuation?

Not automatically; separate nominations are needed.

6. How often should I update my Will?

Every 3-5 years or after major life changes.

7. Can a Will be contested?

Yes, especially if dependents are not provided for.

8. Is legal advice necessary?

Not mandatory, but highly recommended.

Contact Aylward Game Solicitors

📞 07 3236 0001

✉️ mail@aylwardgame.com.au

Article Source: How to Make a Will in Queensland | The Definitive Guide

Employment Lawyer Brisbane: Your Guide to Workplace Rights in 2026

Workplace issues can quickly become overwhelming, whether you're facing unfair dismissal, discrimination, or contract disputes. That’s why working with an experienced Employment lawyer Brisbane is essential to protect your legal rights and career.

In Queensland, employment laws are governed by both federal and state legislation, making it critical to understand your position before taking action.

Understanding Employment Law in Queensland

Employment relationships in Brisbane are primarily regulated by the Fair Work Act 2009, along with the National Employment Standards (NES). These laws outline minimum entitlements such as wages, leave, and termination rights.

An Employment lawyer Brisbane helps interpret these laws and ensures both employees and employers remain compliant while protecting their interests.

Key Employee Rights You Should Know

Employees in Australia are entitled to several fundamental protections, including:

• Minimum wage and correct pay under awards

• Protection from unfair dismissal

• Paid leave entitlements

• Safe and discrimination-free workplace

• Right to flexible working arrangements

If any of these rights are breached, seeking advice from an Employment lawyer Brisbane can help you take the right legal steps.

Unfair Dismissal: What You Need to Know

Unfair dismissal is one of the most common workplace disputes. A termination may be considered unfair if it is harsh, unjust, or unreasonable.

To lodge a claim with the Fair Work Commission, you must:

• Meet the minimum employment period (6-12 months)

• File within 21 days of dismissal

• Show a lack of valid reason or procedural fairness

A skilled Employment lawyer Brisbane can guide you through this process and improve your chances of a successful outcome.

Workplace Discrimination and Harassment

Workplace discrimination is prohibited under laws such as the Sex Discrimination Act 1984 and state legislation.

Discrimination can occur based on:

• Gender, race, or age

• Disability or pregnancy

• Religion or political beliefs

Legal support ensures your complaint is properly handled and your rights are enforced.

Important 2026 Employment Law Updates

Recent changes in Australian employment law have made compliance even more important:

• Payday Super: Employers must pay superannuation with wages

• Right to Disconnect: Employees can ignore work contact outside hours

• Parental Leave Increase: Extended to 26 weeks

• Casual Conversion: Easier transition to permanent employment

These updates significantly impact both employees and businesses, making advice from an Employment lawyer Brisbane more valuable than ever.

Why You Need an Employment Lawyer

Whether you are an employee or employer, legal advice helps you:

• Avoid costly legal mistakes

• Understand complex contracts

• Resolve disputes efficiently

• Ensure compliance with evolving laws

Professional guidance can often resolve issues early, preventing escalation to court proceedings.

Frequently Asked Questions (FAQs)

1. What does an Employment lawyer Brisbane do?

They provide legal advice on workplace issues like dismissal, contracts, and disputes.

2. How long do I have to file an unfair dismissal claim?

You must apply within 21 days of termination.

3. Can I be fired without notice?

Only in cases of serious misconduct.

4. What is workplace discrimination?

Unfair treatment based on personal attributes like gender, race, or age.

5. Do I need a lawyer for workplace disputes?

Not mandatory, but highly recommended for better outcomes.

6. What is the Fair Work Commission?

Australia’s workplace tribunal handles employment disputes.

7. Can casual employees become permanent?

Yes, under the new 2026 casual conversion rules.

8. What is the right to disconnect?

The right to ignore work communication outside working hours.

9. What should I do if I’m underpaid?

Contact the Fair Work Ombudsman or a lawyer immediately.

10. Can employers also hire employment lawyers?

Yes, to manage compliance and reduce legal risks.

Contact

📞 Phone: 07 3236 0001
📧 Email: mail@aylwardgame.com.au

Article Source: Contact An Employment Lawyer Brisbane

Brisbane Magistrates Court List: What You Need to Know Before Court

Understanding the Brisbane Magistrates Court List is essential if you have a court appearance scheduled in Queensland. Whether your matter involves traffic offences, family disputes, or civil claims, checking the court list in advance can help you avoid serious legal consequences.

What Is the Brisbane Magistrates Court List?

The Brisbane Magistrates Court List is a daily schedule of cases heard at the Magistrates Court in Brisbane. It provides key details such as hearing times, courtroom numbers, and the names of parties involved. This list is updated regularly and is crucial for anyone required to attend court.

Why Checking the Court List Is Important

Failing to check the Brisbane Magistrates Court List can result in missing your hearing. This may lead to penalties such as fines, warrants, or default judgments. By reviewing the list early, you can:

• Confirm your hearing time and location

• Prepare necessary documents

• Avoid delays or missed appearances

Types of Cases on the Court List

The Brisbane Magistrates Court handles a wide range of legal matters, including:

• Criminal offences (e.g., traffic, minor charges)

• Civil disputes (up to $150,000)

• Domestic violence applications

• Bail and committal hearings

Each case type follows specific procedures, making preparation essential.

What to Expect on Court Day

If your name appears on the Brisbane Magistrates Court List, arrive early—ideally 30–45 minutes before your scheduled time. Upon arrival, check display screens to find your courtroom. Dress appropriately and follow courtroom etiquette to make a positive impression.

Why Legal Representation Matters

While self-representation is possible, having a lawyer can significantly improve your outcome. Legal professionals understand court procedures, deadlines, and how to present your case effectively. This reduces stress and ensures compliance with Queensland laws.

Frequently Asked Questions

1. What is the Brisbane Magistrates Court List?

It is the daily schedule of all cases being heard in the Magistrates Court.

2. Where can I check the court list?

You can find it on the official Queensland Courts website.

3. What happens if I miss my court date?

You may face fines, warrants, or default decisions.

4. When is the court list updated?

Typically updated the evening before or on the day of hearings.

5. What types of cases are listed?

Criminal, civil, domestic violence, and traffic matters.

6. Do I need a lawyer for court?

Not mandatory, but highly recommended.

7. How early should I arrive?

At least 30-45 minutes before your hearing time.

8. Can I attend court online?

In some cases, video appearances may be allowed.

9. What should I bring to court?

ID, legal documents, and any supporting evidence.

10. Is the court list public?

Yes, most listings are publicly available.

Contact

📞 Phone: 07 3236 0001 / 1800 217 217
📧 Email: mail@aylwardgame.com.au

Article Source: Navigating the Brisbane Magistrates Court List

Brisbane Family Lawyer: A Practical Guide for Separation & Family Law

Separation is more than a legal process. It’s a major life transition that impacts your finances, children, and future. Working with an experienced Brisbane Family Lawyer ensures your rights are protected while helping you move forward with clarity and confidence.

Understanding Family Law in Brisbane

Family law in Queensland is governed by the Family Law Act 1975. It covers divorce, parenting arrangements, property settlements, and spousal maintenance. A skilled Brisbane Family Lawyer helps you navigate court procedures and legal requirements while focusing on practical, real-life outcomes.

Property Settlement: What You Need to Know

Dividing assets after separation follows a structured legal process:

• Identifying all assets and liabilities

• Assessing financial and non-financial contributions

• Evaluating future needs

• Ensuring a fair and equitable outcome

Professional guidance ensures nothing is overlooked, especially in complex matters involving businesses or investments.

Parenting Arrangements & Child Welfare

The court prioritises the best interests of the child above all else. Parenting plans should:

• Promote meaningful relationships with both parents

• Ensure safety and emotional well-being

• Be practical for long-term stability

An experienced lawyer helps create legally sound and child-focused agreements.

Why Legal Advice Matters

Family law cases often involve strict deadlines and emotional stress. A trusted Brisbane Family Lawyer can:

• Prevent costly legal mistakes

• Negotiate fair settlements

• Represent you in court if needed

• Provide clear, strategic advice

This support is essential for achieving the best outcome efficiently.

Alternative Dispute Resolution

Not all matters need to go to court. Mediation and negotiation can:

• Reduce legal costs

• Save time

• Maintain privacy

• Improve communication between parties

Many families resolve disputes faster through these methods.

Frequently Asked Questions (FAQs)

1. What does a Brisbane Family Lawyer do?

They handle divorce, property settlements, parenting matters, and legal advice.

2. How much does a family lawyer cost?

Costs vary from a few thousand to higher amounts for complex cases.

3. Do I need a lawyer for divorce?

Not mandatory, but strongly recommended for legal protection.

4. How long does a property settlement take?

Usually 4 to 8 weeks if agreed, longer if disputed.

5. What is the 12-month separation rule?

You must be separated for 12 months before applying for divorce.

6. Can we settle without going to court?

Yes, through mediation or consent orders.

7. What are parenting orders?

Legal agreements about child custody and care.

8. What is spousal maintenance?

Financial support is paid by one partner to the other after separation.

9. Can de facto couples claim property rights?

Yes, if the eligibility criteria are met.

10. What is the best interest of the child?

A legal principle focusing on safety and well-being.

Contact

📞 Phone: 07 3236 0001
📧 Email: mail@aylwardgame.com.au

Article Source: 25 Essential Tips from a Brisbane Family Lawyer