Closing retirement villages to visitors – a no go zone?

Can a retirement village be ’closed off’ to access? The short answer is no.  While an Operator is entitled to control the land and facilities it operates, residents have the right to ‘quiet enjoyment’ of their residence, including the right to lawful access.   However, residents of all Queensland retirement villages are subject to the Home …

Data Security Checklist

[vc_row][vc_column][vc_column_text]Ensuring business continuity in the time of COVID-19 pandemic: data security risks As Governments implement severe measures to fight the COVID-19 pandemic, businesses are increasingly reliant on remote Internet-connected workforces in order to ensure business continuity. With this shift to remote working, comes heightened data sensitivity risks, including an increase in the likelihood of cyber …

Stage Two – Cushioning the economic impact of COVID-19

On 22 March 2020, the Federal Government announced the second stage of its economic plan to support Australian businesses and their workers through the unchartered waters created by the spread of the Coronavirus. The stimulus package extends a number of the key measures announced in the first package on 12 March 2020 (see our recent …

Legal impact of COVID-19 on the entertainment industry

[vc_row][vc_column][vc_column_text]COVID-19 is significantly impacting industries across Australia, and the nation’s arts and entertainment industry is no exception. In response to this crisis, public gatherings have been prohibited and theatres, cinemas, music festivals, shows and tours have been closed or cancelled indefinitely. Australian film productions are also being postponed. So where does this leave the industry …

COVID-19: Leasing in precarious times

[vc_row][vc_column][vc_column_text] During these precarious times, landlords and tenants alike should be aware of a number of risk management measures that can be implemented to mitigate the impact of the COVID-19 pandemic on their leasing arrangements. Below are a number of items which both landlords and tenants should consider in relation to their leases.  Given that …

Practical considerations for electronic execution

COVID-19 has brought many challenges to the commercial landscape, including the execution of documents when parties may not, because of the requirement to self isolate, be able to receive, sign and exchange hardcopy documents. Electronic execution can be used in many cases so that transactions may progress, however not all documents can be executed electronically. …

Courts open for business

[vc_row][vc_column][vc_column_text] The Federal and State Courts have announced adjustments to their usual procedures going forward, but importantly the Courts remain open and are continuing to hear and progress matters. Procedures are in place to minimise face-to-face contact, including remote hearings (by phone or video) wherever possible. There has been some relaxation in relation to signing …

Your personal affairs

As critical as your business considerations are your personal affairs. It is an important time to take stock of your succession planning so that you and your families can feel confident that they are protected if the worst happens. WILLS AND BUSINESS SUCCESSION PLANNING Some of our clients are feeling anxious wondering whether their estate …

COVID-19: Property acquisition and disposal

The real estate market is rapidly changing as a result of the current COVID-19 pandemic. Consideration of potential disruptions that may be caused by the pandemic should be made for any new property contracts entered into.  For buyers or sellers who have entered into contracts for the sale and purchase of land, the uncertainty caused …

State Government urgently amends key legislation and practices in response to COVID-19

Since COVID-19 became a public health emergency in late January 2020, the continued growth of the pandemic and the associated uncertainty that it generates has impacted upon standard practices and procedures in the planning, environment and local government sectors, much like other areas of life. In response to the economic impacts and social distancing requirements …

JobKeeper payments: wage relief and support for businesses

[vc_row][vc_column][vc_column_text]The Australian Government is offering wage subsidies to help employers retain their employees during the COVID-19 pandemic, and keep employees engaged until the inevitable rebound. Wage relief Eligible businesses (including not-for-profits) who elect to participate in the scheme can expect a wage subsidy of $1,500 per fortnight per eligible employee. The JobKeeper payment is a …

Protecting against COVID-19 class actions

As Australia grapples with the COVID-19 pandemic, the Aged Care industry is particularly susceptible to its impact, including class actions. COVID-19 class action activity has already commenced with plaintiff law firms circling potential targets. In this publication, we explore why such class actions are likely to arise and what you can do to protect your …

The Treasurer announces significant changes to the FIRB regime in response to the COVID-19 pandemic

On 29 March 2020 the Treasurer announced drastic changes to the Foreign Investment Review Board (FIRB) regime in response to the Covid-19 pandemic. While stressing that the changes do not change the fact that Australia is supportive of foreign investment, the Treasurer’s changes will have a significant impact across the whole of Australia’s economy.   …

Modern award changes during COVID-19 pandemic

On 24 and 28 March 2020, the Fair Work Commission (FWC) made its first determinations to vary two modern awards (Hospitality Industry (General) Award 2010 (Hospitality Award)and Clerks – Private Sector 2010 (Clerks Award)) in response to the coronavirus (COVID-19) pandemic and the challenges employers are currently facing.  It is likely that similar flexibility changes …

Revolutionary variation of Australia’s insolvency system for coronavirus era – novel times certainly do lead to novel measures

With the prospect of huge numbers of businesses becoming insolvent and collapsing in the coming weeks and months due to the effects of Government-enforced travel bans and business ‘lock-downs’, the Australian Government has implemented a number of important measures to protect directors from Australia’s harsh insolvent trading laws, and to prevent creditors from bankrupting individuals …

COVID-19 updates for intellectual property right holders, applicants and opponents

[vc_row][vc_column][vc_column_text]Governments around the world have implemented a wide range of protocols to control the spread of COVID-19 throughout their jurisdictions. The various intellectual property offices have recognised this is an unprecedented situation that may have an impact on the ability of right holders, applicants, opponents and their representatives to meet deadlines associated with their intellectual …

Therapeutic Goods Ads Gone Bad: Rules for Industry

Facebook, Google, and other online platforms are racing to curb advertising content that inappropriately capitalises off the Coronavirus pandemic. With an influx of misinformation hitting social media, the companies are scrambling to stop advertising which exploits the public health emergency. Facebook recently prohibited advertisements that claim to prevent or cure Coronavirus, and those that generate …

Cybersecurity a must as scammers spread infection

While Coronavirus threatens the health of people around the world, computer hackers have launched a series of attacks threatening our cybersecurity too. Coronavirus-themed scams have been reported, with hackers taking advantage of public fear associated with the virus, and workers’ decreased security due to working from home, to access personal data on victims’ computers. Know …

COVID-19: Travel insurers’ positions

To date, there has not been a unified approach between all travel insurers with respect to a response to the COVID-19 pandemic. It is therefore advisable that, before booking any travel or proceeding with any travel that has previously been booked, you read your travel insurance policy wording to determine if COVID-19 related events are …

COVID-19 stimulus package – keeping your business healthy

Late last week the Federal Government announced a targeted stimulus package to address the financial challenges which result from the national and international spread of COVID-19. The stimulus package has been broken into four parts: supporting business investment; providing cash flow assistance to help SMEs keep business and employees; targeted support for the most affected …

Your project and COVID-19

The impact of COVID-19 is being felt across projects of all sizes, with strain being placed on supply chains, availability of labour and the impacts of the already numerous Government driven restrictions and other directions across the globe. Undoubtedly the recent disruptions caused by COVID-19 will have effects on the ability of projects to be …

COVID-19: Issues for consideration

[vc_row][vc_column][/vc_column][/vc_row][vc_row][vc_column width=”1/4″][vc_column_text]Issue[/vc_column_text][/vc_column][vc_column width=”3/4″][vc_column_text]What to consider[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/4″][vc_column_text]Proper disclosure by public companies of the impact of the outbreak on the company[/vc_column_text][/vc_column][vc_column width=”3/4″][vc_column_text]Listed companies and their boards should carefully consider the impact or potential impacts of the outbreak (and action being taken in response to the outbreak) on their business. Where there is an expectation or reasonable likelihood …

ISR and COVID-19: Will your policy respond?

The rapid spread around the world of COVID-19 has no doubt caused significant disruption to businesses of all sizes and scales. Despite this significant disturbance, it is highly unlikely that any Industrial Special Risk (ISR) policy, and in particular the business interruption section of the policy, will respond to the COVID-19 pandemic. We have been …

COVID-19: Mitigating the risks

[vc_row][vc_column][vc_column_text] What are my Workplace Health and Safety (WHS) obligations? Employers, as a Person Conducting a Business or Undertaking (PCBU) under the WHS laws, have a primary duty of care to ensure, so far as is reasonably practicable, the health and safety of workers and relevant other persons. WHS controls may include encouraging increased personal …

COVID-19: What you need to know

[vc_row][vc_column][vc_column_text] Termination of contracts A contract will often expressly outline the circumstances in which one or more parties to the contract may terminate it. Sometimes termination rights are conditional upon particular events or actions (such as notice requirements), so it is imperative the relevant clauses are reviewed in detail and complied with in order to …

Coronavirus – will financiers catch a cold?

The disruption of coronavirus Beyond the obvious health implications and concerns arising from the outbreak and spread of Coronavirus (COVID-19), the economic impacts of it are becoming increasingly apparent, and felt, as each day passes. An example of this is the Reserve Bank of Australia slashing interest rates to an unprecedented low of 0.5 percent, …

It’s a new decade – do financiers still need ‘wet ink’ signatures?

The Lender Series publications are easy to read and practical ‘how to’ guides aimed at assisting lenders with typical issues  encountered when providing finance. Summary Execution of finance documents by way of electronic signatures offers many potential benefits, particularly in relation to procuring signatures from key individuals, who inevitably, are travelling or overseas during a …

Side Deeds – what, when and why?

The Lender series publications are a series of easy to read and practical ‘how to’ guides aimed at assisting lenders with typical issues encountered when providing finance. In the financing world, side deeds (sometimes also referred to as tripartite deeds, consent deeds or direct agreements) are frequently the source of robust negotiations between parties. This …

Ralan and pre-sale deposits – Key messages for financiers

The ‘Lender series‘ publications are a series of easy to read and practical ‘how to’ guides aimed at assisting lenders with typical issues encountered when providing finance. Introduction The collapse of the Ralan Group provides a timely reminder of the protections and safeguards that financiers implement when funding residential development projects. This practical illustration of …