E-Mobility Devices - The Risk for Landlords Continues

The Queensland Government has released its Report following its Inquiry into e-mobility safety and use in Queensland.

The Report contains some sobering facts for property owners.

-  e-mobility devices are the leading cause of lithium-ion battery related fires in Queensland.

- the majority of these fires are caused by e-scooters.

-  many thermal runaway incidents stem from unsafe charging practices, particularly the use of incorrect chargers.

-  many users attempt to boost battery capacity or power by installing larger, non-standard batteries, often from unreliable sources.

-  lower quality products present higher risks, particularly when charged in bedrooms or near soft furnishings.

-  in a typical house fire in a modern home, a room will transition to 'flashover' – i.e. be fully involved in fire within 3 to 5 minutes. An e-scooter fire can reach flashover in under one minute.

- the rapid onset of fire reduces the warning period provided by smoke alarms before a potentially catastrophic explosion or spread of fire occurs.

-  e-mobility devices and lithium-ion batteries are not currently regulated under Queensland’s electrical safety framework.

Among the Report’s recommendations, the Committee proposes that “the Queensland Government advocate to the Federal Government for the implementation of mandatory national safety standards for lithium-ion batteries in e-mobility devices and regulation, to enhance consumer safety and reduce the risk of fires.”

The Report notes that the NSW Government already requires all lithium-ion e-micromobility devices sold in the state to be tested, certified and marked before they can be sold. Rather than following the NSW Government’s lead, the Report recommends waiting for a national-led approach.

The Report does however recommend the Queensland Government “introduce anti-tampering laws that prohibit the sale and use of modification kits or assistance by retailers to increase the power and speed of e-mobility devices”.

The Committee also recommends the Queensland Government “continue to advocate with national counterparts for stronger mandatory import controls in order to prevent illegal and dangerous devices entering Queensland”.

The Report can be accessed here - Inquiry into e-mobility safety and use in Queensland

March 2026

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The content of this publication is intended to provide a general overview on matters which may be of interest. It is not intended to be comprehensive. It does not constitute advice in relation to particular circumstances nor does it constitute the provision of legal services, legal advice or financial product advice.

Smoke Alarm Tests - Trust But Verify

A recent example highlights the importance of compliance monitoring by landlords.

As part of a periodic compliance check on smoke alarm testing, annual smoke alarm servicing invoices were being paid by the agent but smoke alarm tests were not being conducted as required under Queensland legislation.

Section 148B of the Queensland Fire Services Act 1990 provides that the lessor must test each smoke alarm on the premises within 30 days before the start of a tenancy.  While not specifically mentioned, this also applies to lease renewals.

An apparent administrative failure by the agent meant that testing requests were not issued on several lease renewals.  Non-compliance risks fines of $834.50 per breach.  The fine is small compared with the annual rent. 

However, the greater risk lies in the event of a fire during a non-compliant period, particularly if it involves a smoke alarm failure.

One of the first requests by the Queensland Fire Department following a fire will be for the property’s smoke alarm compliance records.  There is a risk of civil liability for negligence and possible other criminal liability.  Insurance claims for property damage may be denied.

While the primary responsibility lies with the agent to ensure smoke alarm compliance, landlords risk being caught up in proceedings where agents fail in their responsibilities.  And, of course, possible insurance consequences.

Queensland Fire Department - Smoke Alarms

February 2026

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The content of this publication is intended to provide a general overview on matters which may be of interest. It is not intended to be comprehensive. It does not constitute advice in relation to particular circumstances nor does it constitute the provision of legal services, legal advice or financial product advice.

Employment - Side Gig Or Main Gig?

A recent Australian Fair Work Commission ruling confirmed that an employer's decision to sack an employee was valid because he had breached his contract by running a personal business alongside his role at the firm without approval.

Across South East Asia, I have seen numerous examples over the years where an employee's side gig has interfered with them carrying out their main work duties.

Some of the more interesting:

An employee who never came to work on Mondays. We discovered he was operating a similar business on weekends and Mondays and then working in his main job Tuesday to Fridays.

An employee operating an eBay store from under their work desk. Jammed with different products, it almost constituted a fire hazard.  Another employee was using the office address (searchable on Google) as the address for their retail outlet.

By far the most interesting example was an employee operating a competing business, complete with its own website, from the company's own premises.

The employee was in a position to redirect business to his own business. He used company negotiated supplier rates for his own business and, from what could be ascertained, was at times billing all his customer costs to the company while retaining all income.

Obviously, this was more fraud than a side gig.

And, while not strictly a side gig, there was the employee who would spend his evenings blogging about his daily work activities. Nothing particularly wrong with that except he would go into detail about confidential client meetings and upload copies of confidential documents from the meetings. Probably wasn't the smartest career advancement move.

Another not quite side gig was the employee who would spend his days surfing not-safe-for-work websites, copying images and emailing them to colleagues and friends. His online activity timeline showed he started as soon as he arrived at work and continued until the end of the day with a break for lunch. He came to management's attention as he inadvertently copied the global head of HR on one of his emails. Oops.

Worker dismissed for side-hustle he claims to have disclosed

February 2026

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The content of this publication is intended to provide a general overview on matters which may be of interest. It is not intended to be comprehensive. It does not constitute advice in relation to particular circumstances nor does it constitute the provision of legal services, legal advice or financial product advice.

Queensland Solar Rebates For Landlords

The Queensland Government recently introduced incentives for landlords to adopt solar power on their investment properties.

The Supercharged Solar for Renters program provides eligible landlords with rebates of up to $3,500 to install solar photovoltaic (PV) systems on their rental properties across Queensland.

But read the fine print.

The rebate varies between $2,500 and $3,500 depending on the solar system capacity installed, with the rebate capped at the lesser of the cost of the system and the applicable rebate.

The rebate only applies to individuals who are residents of Australia and own an eligible residence.

This would seem to exclude landlords who hold their properties using vehicles such as companies, trusts or SMSFs. Also excluded are Australian and foreign non-residents.

The residence must be a class 1a building in Queensland (or a secondary building such as a granny flat), individually metered and subject to an eligible lease. Among the excluded types of buildings are larger class 2 apartment buildings. The maximum rent is $1,000 per week.

Tenant consent is required and, if applicable, written strata approval.

At the time of the final rebate application, the lease must have a remaining term of not less than eight months. A new lease must have been entered into after conditional rebate approval and contain terms dealing with cleaning and maintenance of the solar system and how solar energy will be charged and apportioned.

To ensure tenants benefit from electricity savings, rent cannot be increased under the lease at the time of final rebate approval unless the lease at the time of the conditional approval contained a rent increase clause.

Landlords will need to ensure they comply with the lease timings under the rebate rules. Difficulties may also arise where a tenant leaves during the rebate approval process.  At a minimum, a new tenant consent and lease may need to be submitted.

A landlord may apply for rebates in relation to a maximum of three properties.

There is currently no sunset date for the rebate program. However funding is limited to $26.3m with a program target of approx. 6,500 properties.

Supercharged Solar For Renters Rebate

January 2026

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The content of this publication is intended to provide a general overview on matters which may be of interest. It is not intended to be comprehensive. It does not constitute advice in relation to particular circumstances nor does it constitute the provision of legal services, legal advice or financial product advice.

Brisbane City Council Prepares To Go Nuclear On Short-Stay Accommodation

Brisbane City Council plans to introduce a ban on certain owners in low density suburbs from leasing their property on short-stay platforms such as Airbnb and Stayz. A three-strike rule will apply to permits issued for short-term accommodation.

Owners in low or low-medium zoned areas will need to get an appropriate development approval or cease operating as short-stay accommodation.  Council is expected to write to almost 500 home owners operating as short-stay providers to inform them they do not have or are unlikely to receive the relevant planning approvals.

Failure to obtain a permit could lead to fines of more than $140,000.  As part of the permit changes, operators will need to nominate a 24-hour contact to respond to complaints within an hour and report back to the council within a day.  Operators who get three warnings from the council over a three-year period will have their permit cancelled.

It is not clear if the rates surcharge applicable to short-stay accommodation will continue.

Council will also continue to advocate changes to the State’s body corporate laws to give apartment owners more power to limit short-term rentals in their buildings.

Public consultation will continue until 16 February 2026.

Brisbane City Council announces crackdown on short-stay accommodation in residential areas

Proposed Short Stay Accommodation Local Law 2025

December 2025

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The content of this publication is intended to provide a general overview on matters which may be of interest. It is not intended to be comprehensive. It does not constitute advice in relation to particular circumstances nor does it constitute the provision of legal services, legal advice or financial product advice.

Employment Rejection Letters - It's All In The Timing

As a student, some work experience is useful for the resume.  Back in 1987, while studying Law and the Securities Institute's Diploma of Applied Finance and Investment, and with an Economics degree under my belt, I applied to numerous businesses for some work experience over the summer break.  I adopted the age-old tactic of applying to as many businesses as you can to see who responds.

With an interest in finance, I applied to Rothwells Limited, the merchant bank run by the late Laurie Connell and also Tricontinental Corporation.  Students of Australian business history will recall that both these companies were consumed by their losses and bad debts in the aftermath of the 1987 stock market crash.  Rothwells collapsed in 1988 following the withdrawal of life support by the WA Government and the late Alan Bond's Bond Corporation. Tricontinental collapsed in 1990 due to its disastrous loan book, including loans to the late Christopher Skase's Qintex Group.  Somewhere, I also have a work experience rejection letter from Qintex. (I must have been aiming for the future insolvency trifecta!)

The date of the rejection letters is interesting.  Tricontinental's letter is dated 19 October 1987.  That night, the US stock market crashed.  Rothwells's letter is dated 20 October 1987.  Kind of the State Manager to take time out from the Australian stock market imploding around him to sign my rejection letter.

In the end, I spent a couple of weeks in late 1987 doing work experience with the law firm where I later completed Articles of Clerkship before being admitted as a Solicitor.

An amusing anecdote on the 38th anniversary of the 1987 stock market crash. 

October 2025

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The content of this publication is intended to provide a general overview on matters which may be of interest. It is not intended to be comprehensive. It does not constitute advice in relation to particular circumstances nor does it constitute the provision of legal services, legal advice or financial product advice.

Vale Sister Joan Evans PBVM AO

3 May 1932 - 29 September 2025

I had the privilege of assisting Sister Joan over a period of 15 years.  I was one of many volunteers drawn to her kind soul and her desire to help others. 

Sister Joan spent 25 years in the Klong Toey slums in Bangkok assisting the underprivileged.  Through programs like the Milk Run and the Rice Run, she changed lives.  

At the core of Sister's mission was education.  Helping children by buying school uniforms, paying transport costs so they could get to school and providing money so they could buy something to eat.  Sister ensured that these children could become educated and have better lives.  Helping people break free of the poverty cycle she used to say.  How right she was.

But her mission work went much further.  From providing milk formula to babies, to helping with cost-of-living issues for Klong Toey residents to ferrying the elderly to hospital, Sister Joan never seemed to stop. Taking her for her favourite meal of lamb chops was a good way to ensure a bit of a break for her.  Many of her other supporters also looked after Sister in different ways.  She felt much loved by her community and her supporters.

Sister Joan worked with steely determination but was modest about her achievements.  In 2018, Sister was made an Officer (AO) in the General Division of the Order of Australia for distinguished service to the international community of Thailand through humanitarian assistance programs for the disadvantaged, and to improving the lives of women, children and the elderly.

Rest in Peace, Sister Joan.  You will be missed.

October 2025

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The content of this publication is intended to provide a general overview on matters which may be of interest. It is not intended to be comprehensive. It does not constitute advice in relation to particular circumstances nor does it constitute the provision of legal services, legal advice or financial product advice.

Flashback to 1988

Expo 88 was a World Expo held in Brisbane with the theme "Leisure in the Age of Technology". The event is considered a significant turning point for Brisbane, spurring subsequent tourism, investment, and the development of the South Bank Parklands.

I recently donated a layout plan of the Expo 88 tenancies to the Queensland State Library. The plan was approved on 2 February 1988, close to the opening on 30 April 1988.

It is similar to the James Maccormick layout plan from 1983 which is held by the State Library as part of the James Mccormick World Expo 88 Collection but shows the proposed tenancies close to the opening date in 1988.

Back story to its acquisition.

Expo 88 ran from 30 April to 30 October 1988 at South Bank in Brisbane. An amazing event, it attracted an average of 100,000 people per day. As a law student at QUT, you would hear the nighttime fireworks on the other side of the Brisbane River at 10pm, around the time the Law Library was closing.

In my law student days, I would buy and sell office furniture, mainly filing cabinets, for extra cash.

At the end of Expo 88, most of the assets, including office furniture, were sold by public tender. I successfully tendered for around 100 used filing cabinets (and whatever contents remained in them).

The layout plan was in one of the filing cabinets.

Stored for many years, the State Library plans to make the layout plan available for viewing by the public.

James Mccormick World Expo 88 Collection

September 2025

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The content of this publication is intended to provide a general overview on matters which may be of interest. It is not intended to be comprehensive. It does not constitute advice in relation to particular circumstances nor does it constitute the provision of legal services, legal advice or financial product advice.

Privacy - A Side Order Of Medical Records With Your Crispy Crepe

In a significant privacy breach, an unnamed major private hospital in Thailand has been fined Bt 1.2 million after patient paper records were found to be used as snack packets. 

Document disposal was outsourced to a third party which failed to properly dispose of the documents.  They were "leaked" from the small business owner's home and used as packets for a popular street food crispy crepe known as khanom Tokyo.  It was reported that over 1,000 files were leaked.  The disposal company also received a small fine.

The privacy breach is reminiscent of my early days in Bangkok where a similar breach occurred with a major international law firm. 

Their draft documents, which presumably should have been shredded or otherwise destroyed, turned up wrapped around takeaway chicken and rice dishes from a small restaurant behind my office building.  It was only a page at a time so not particularly revealing but a significant breach of client confidentiality nonetheless.

Hospital fined after patient files used as snack bags

August 2025

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The content of this publication is intended to provide a general overview on matters which may be of interest. It is not intended to be comprehensive. It does not constitute advice in relation to particular circumstances nor does it constitute the provision of legal services, legal advice or financial product advice.

Bangkok Protests 15 Years On

This week marks the 15th anniversary of the military crackdown on protests in Bangkok and elsewhere in Thailand.

In 2010, the red shirts blockaded parts of central Bangkok. The crackdown on 19 May saw the military use live fire to quell the protests. The dead included a Japanese journalist. Numerous buildings were set alight, including Central World shopping complex near the centre of the protests.

In the lead up to the crackdown, the protests made travelling through sections of Bangkok such as Rajprasong intersection, parts of Rama IV Road and the streets around Lumphini Park near impossible while life continued as normal in other parts of the city.

With parts of Rama IV Road blocked by tyre barricades and protestors, nearby residents including those over on Sukhumvit were woken each day to the sound of gunfire and grenades.

At the time, I was working on a telecom project and was in the loop on Government requests for shutting down mobile phone cell sites for the Rajprasong grid. So we had some idea of the timing for a possible crackdown.

In the previous month, the CEO of the Government entity we were negotiating with was kidnapped for a few hours.  He later laughed it off but when 300 red shirts on motorbikes come looking for you what options do you have?  They had mistakenly thought he could reactivate forner PM Thaksin's TV station which had been suspended by the Government.

19 May was probably the only time a colleague would ring me early in the morning to let me know that she wanted to go to work that day but there was a tank outside her home.  I told her to stay home.

The linked article from 2010 by the BBC provides a good summary of some of that day's events in Bangkok.

Clashes, fires and fears for future in Bangkok

May 2025

© PELEN 2025

The content of this publication is intended to provide a general overview on matters which may be of interest. It is not intended to be comprehensive. It does not constitute advice in relation to particular circumstances nor does it constitute the provision of legal services, legal advice or financial product advice.