COVID-19 has brought a number of challenges to the way we do business in the RegTech sector. However, the pandemic has also brought sharply into focus the practical difficulties associated with executing, attesting and witnessing hard copy documents (which is increasingly moving to digital operations for a host of reasons, including improved customer experience and …
Category Archives: Blog
Changes to Queensland land tax rules
In a nutshell Late last year, the Queensland Government announced proposed changes to Queenslandâs land tax regime, so that the rate at which a landowner pays land tax on their Queensland landholdings will be calculated by reference to their Australia-wide landholdings. The changes seek to target what the Queensland Government describes as a loophole, that …
Retaining the best employees: 4 key employment considerations for your RegTech business so key innovators donât leave with your ideas
The regulatory technology (RegTech) sector has gained rapid traction in recent years. Young RegTech companies seeking to differentiate themselves in a booming industry will only be as innovative as their employees. In Australia, these businesses are hiring in a highly competitive market and should be considering the steps they can take to retain the best …
RegTech cloud services agreements â assessing the real risks
Part 1 – Setting the scene, service levels and data The conversation usually goes a little like this when you ask most cloud services providers to amend their terms⌠âWeâre a one to many provider, our pricing is based on having a single offering with a consistent approach to riskâ âWe donât control your data, …
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The benefit of hindsight – Supreme Court of Queensland provides guidance on Australiaâs whistleblower regime
Protection of whistleblowers Preventing crime and misconduct is a fundamental and longstanding aim of corporate law enforcement. However, criminal conduct which occurs in the corporate sphere can be extremely difficult to detect and prove satisfactorily in Court. Such conduct can often be concealed by a complex web of transactions, non-written arrangements and misleading corporate records. …
Privacy by Design â protecting personal information from the wire-frame up
[vc_row][vc_column][vc_column_text] The dynamic and ever-growing nature of privacy regulations and attack vectors related to privacy emphasises the importance for organisations to do a better job protecting data through technology design. Also known as, âPrivacy by Designâ and âPrivacy by Defaultâ, the terms refer to the system engineering approach of integrating data procedures in technology to …
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Queenslandâs new project trust regime to commence on 1 March 2021
Who should read this All principals, head contractors and subcontractors performing building and construction work in Queensland, in particular those involved in State Government projects. Things you need to know Last year, we flagged the introduction of the new project trust regime under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) …
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BIF Act reforms commencing 1 October 2020
Respondents beware of new protections for claimants enforcing adjudicated amounts WHO SHOULD READ THIS All principals, head contractors, subcontractors, suppliers and consultants performing construction work in Queensland as well as institutions that provide finance for building and construction projects. THINGS YOU NEED TO KNOW Key provisions of the Building Industry Fairness (Security of Payment) and …
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Adjournment applications in light of the impacts of COVID-19 on witnesses âappearingâ from China
In recent months, Australian courts have been subject to numerous adjournment applications based on the impacts of the COVID-19 pandemic. In some of these applications, the principal reason for the adjournment has been complications concerning witnesses who are residents of and located in the Peopleâs Republic of China (China). In this article we will discuss …
Overview of Australiaâs Court system
Federal Courts High Court of Australia The High Court of Australia is the highest Court in the Australian Court hierarchy. It is the final Court of Appeal in Australia. It hears matters involving disputes about the interpretation of the Australian Constitution as well as final appeals of criminal and civil matters from all Courts in …
Overview of Australiaâs regulatory framework
Business dealings in Australia are controlled by a large number of regulators. These regulatory bodies have jurisdiction at both the Federal and State level. Australiaâs regulators have a broad remit to oversee the conduct of businesses in a wide range of sectors, from financial services to energy infrastructure. Australiaâs corporate regulators are creatures of statute. …
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Recovering a debt owed by an Australian company
A creditor that has the benefit of a debt of at least A$2,000 may serve a statutory demand on the debtor company. A statutory demand is a formal demand for payment under the Corporations Act 2001 (Cth). The demand must be for over A$2,000. Once a statutory demand has been validly served on a company, …
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Service of a foreign originating process in Australia under the Hague Service Convention
Australia is a party to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965 (Hague Service Convention). Where a foreign country is also a party to the Hague Service Convention, service of a foreign originating process in Australia can be undertaken in accordance with the Convention. …
Challenging the jurisdiction of Australian Courts
Civil proceedings are commenced in Australian Courts by way of the filing and service of an originating process, typically being either a Statement of Claim or Summons. Once served with a Statement of Claim or Summons, a defendantâs solicitor will usually file an Appearance. An Appearance should be filed within 28 days of the Statement …
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Obtaining evidence for use in foreign proceedings
How is evidence from a cooperating witness obtained in Australia? Evidence should be taken in a manner that is consistent with the procedural and evidentiary rules of both the local jurisdiction and the Australian jurisdiction for which the evidence is required. Can evidence be given by video or audio link? Evidence can be taken by …
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Enforcement of Australian judgments overseas
The circumstances in which an Australian judgment will be enforceable in an overseas jurisdiction will vary depending on the laws of the local country. Where Australia has a reciprocal arrangement with the local country, then enforcement of the Australian judgment will be more straightforward. Generally, for an Australian judgment to be enforced overseas it must: …
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Enforcing New Zealand judgments in Australia
Judgment criteria The registration regime for the enforcement of New Zealand judgments in Australia is contained in Part 7 of the Trans-Tasman Proceedings Act 2010 (Cth). The types of New Zealand judgments that can be enforced in Australia are broad and include the following: (a) money judgments;(b) non-money judgments;(c) judgments in criminal proceedings that involve …
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Enforcing foreign judgments in Australia
There are two ways of enforcing foreign judgments in Australia: under a statutory scheme and under common law principles. The statutory regime is more straight-forward and cost effective. Countries to which the statutory scheme applies The Foreign Judgments Act 1991 (Cth) provides a statutory scheme for the recognition and enforcement of foreign judgments in Australia. …
Encouraging signs for reciprocal recognition of foreign judgments involving Chinese courts
In a recent Australian court decision, a judgment made by a Chinese court has been recognised and enforced in Australia. This decision, combined with two other Australian court decisions recognising Chinese judgments, could open doors for those holding Australian judgments to seek to enforce their judgment against judgment debtors in mainland China. We recently published …
The money is in the timing
Background With cashflow more important than ever for businesses within the construction industry, it is crucial to plan ahead to determine the best approach to recover money owed to you under your construction contract. There are various forums which can be considered, whether that be commercial negotiation, litigation, arbitration, the statutory demand process under the …
Fast tracking the road to recovery
Background From 1 July 2020, local councils will be able to access funding to support delivery of priority local road and community infrastructure projects, under the âLRCI Programâ. Local Roads and Community Infrastructure Program As part of the Federal Governmentâs $1.8 billion boost for road and community projects through local governments across Australia, on 22 …
Reopening businesses post COVID-19 â lease considerations for landlords and tenants (commercial and retail)
The easing of lockdown restrictions in all states and territories across Australia is seeing a gradual return to the workplace, both in commercial office buildings, and retail shopping centres. As landlords, building managers and tenants prepare for this, it is undeniable that how leases will be negotiated and administered has changed forever. Legislative changes The …
The environmental impacts of COVID-19 recovery
The planning system has been identified as having a critical role to play in supporting the economy during this time. To ensure that the planning system is able to adapt to the challenges presented by COVID-19, a number of amendments have been made to planning legislation in each jurisdiction in an effort to stimulate economic …
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Top tips for organisations transitioning back to ‘BAU’ from COVID-19
Key strategies that organisations can implement to help transition back to ‘business as usual’ are outlined below.
Managing a health crisis from an HR perspective
COVID-19 has been a steep learning curve for those within the HR industry. The key focus of protecting the health and wellbeing of our employees, clients and visitors has remained paramount. However, the challenge for HR teams is to manage both the health and wellbeing of employees, whilst also managing the economic crisis faced by …
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Managing M&A valuation issues in the era of COVID-19
The COVID-19 pandemic has had a profound impact on businesses, both immediate and in terms of their long-term outlook. Whilst hospitality, retail and travel businesses have suffered obvious and acute impacts, there are hidden complexities in the valuation of longer-term assets in the infrastructure, property and agribusiness sectors. Tech-focused company valuations have risen sharply, as …
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Anonymous reviewer cannot hide behind international borders
[vc_row][vc_column][vc_column_text]In Kabbabe v Google LLC,[1] the Federal Court of Australia recently granted leave to a prospective applicant, Matthew Kabbabe, to serve an originating application seeking preliminary discovery on Google in California, USA. Mr Kabbabe intends to bring defamation proceedings against an anonymous reviewer who posted an allegedly defamatory review regarding Mr Kabbabeâs dental practice on …
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Motivating and incentivising employees in a downturn
There is no question that the COVID-19 pandemic is placing unprecedented stress on businesses. With many businesses having to stand down employees, request that their staff take a reduction in salary, or simply looking to conserve cash, offering equity incentives in the current environment might sound counter-intuitive. However, cash strapped companies seeking to reward, motivate …
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COVID-19: The deed can now be done, electronically!
The High Level What are the changes? Documents (including deeds) can now be signed and witnessed electronically. Who do they apply to? Individuals and companies. When do they apply? Now, until 31 December 2020. Background On 15 May 2020, Queensland passed new temporary regulations that modify the requirements for the making and use of documents …
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Viruses about! Cyber-security update for lenders
The Lender series publications are a series of easy to read and practical âhow toâ guides aimed at assisting lenders with typical issues encountered when providing finance. The COVID-19 outbreak poses an array of cyber security challenges for lenders in Australia. The ACCCâs cyber monitor, ScamWatch, has reported a significant increase in cyber security incidents …
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