On Friday, 8 May 2020, the Commonwealth Government announced a three-step plan for the easing of COVID-19 related restrictions. Each of these stages will, subject to the ongoing application of social distancing restrictions and State and Territory requirements, permit businesses in different industries to resume operations, with some of the first businesses to open being …
Continue reading “COVID-19: Managing liability in planning a resumption of business operations”
Corporations (Coronavirus Economic Response Determination) No. 1 2020 On 5 May 2020, Treasurer Josh Frydenberg announced changes to the Corporations Act 2001 (Cth) (Corporations Act) and related legislation that allows for companies to have entirely virtual meetings and to issue electronic notice of meetings. The changes have been made to give companies, responsible entities, external …
Continue reading “Changes to convening and holding creditor’s meetings”
In response to the current COVID-19 pandemic and its impact on businesses operating in Australia, IP Australia has introduced a streamlined extension of time request process to assist customers who have been adversely impacted by COVID-19. Up until at least 31 May 2020 rights holders and applicants can apply for extensions of time for up …
WHO SHOULD READ THIS Landlords and tenants of residential properties in Queensland. Particularly where a tenant is suffering financial hardship because of COVID-19. WHAT YOU NEED TO KNOW Queensland Parliament have passed the COVID-19 Emergency Response Act 2020, which amends the Residential Tenancies and Rooming Accommodation Act 2008 (Act) and allows regulations to be made …
Continue reading “Residential tenancy changes in Queensland during the COVID-19 pandemic”
In response to the COVID-19 pandemic, like many other Courts, the NSW Land and Environment Court (LEC) has released a new policy. The ‘COVID-19 Pandemic Arrangements Policy’ (COVID-19 Policy), which commenced on 23 March 2020, provides alternative arrangements that seek to address some of the challenges presented by the new social distancing restrictions, whilst still …
The Full Court of the Federal Court of Australia in Kraft Foods Group Brands LLC v Bega Cheese Limited [2020] FCAFC 65 (Kraft v Bega) has upheld the decision that Kraft’s iconic peanut butter trade dress (Trade Dress) – consisting of a yellow lid, clear jar and red and blue labelling – now officially belongs …
Continue reading “Full Federal Court affirms Bega’s title to Kraft peanut butter trade dress”
The dramatic changes announced by Treasurer Josh Frydenberg on 29 March 2020 to Australia’s foreign investment regime, in response to the economic upheaval caused by the COVID‑19 pandemic, have become law. As set out in our previous alert on these issues (which you can find here, the announced changes reduce all of the relevant monetary screening …
The Federal Government has introduced the JobKeeper scheme to assist employers to keep their employees on during the COVID-19 outbreak despite its economic consequences. In short, the scheme entitles eligible entities who have suffered a specified substantial decline in turnover to a payment of $1,500 per fortnight (before tax) for salary or wages paid to …
On 15 April 2020, the NSW Planning and Public Spaces Minister Rob Stokes (the Minister) announced that Productivity Commissioner Peter Achterstraat has been appointed to commence a review of the current developer contributions system and provide recommendations for an improved system by the end of 2020. In connection with this, a series of more immediate …
Continue reading “Review of local infrastructure contributions and associated improvements”
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 Councils may be considering entering into. For Councils that have entered into contracts for the sale and purchase of land, the …
Continue reading “COVID-19 – Property acquisition and disposal”
Building Industry Fairness (Security of Payment) Amendment Bill 2020 Focus: Charges over property WHO SHOULD READ THIS Any private sector principal (particularly property developers), financiers, contractors or subcontractors involved with construction work in Queensland. WHAT YOU NEED TO KNOW The Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill 2020 (Bill) will introduce …
It is axiomatic that the risk of fraud increases in challenging economic times. Approximately 75% of all frauds perpetuated within a business are committed by its own employees or officers. Fraud Employees or officers may be inflating or falsifying a company’s financial results or their own productivity in order to appease shareholders, secure financing …
Continue reading “Opportunistic fraud by employees and officers during COVID-19”
Summary In response to the unfolding COVID-19 pandemic, the Copyright Agency has announced $375,000 in additional funding to support writers, artists and to move arts projects, festivals and events online. The Copyright Agency will also bring forward to the first quarter of the next financial year $1.8 million worth of grants under the Copyright Agency …
The social isolation and social distancing policies implemented by various levels of Australian governments have had direct impacts on the ability of both customers and suppliers to perform under their contracts. For instance, venues are now unable to open at all, or are unable to accommodate large crowds, and equally, customers are unable to travel. …
Continue reading “COVID-19, demands for payment and the Australian Consumer Law”
The impact of COVID-19 continues to be felt across the construction industry with new legal and regulatory measures impacting contractual obligations, the availability of labour, project financing and supply chain reliability. This article addresses the key changes around State border closures and how this impacts upon FIFO and DIDO workers in particular. Border closures in …
Do you need to review your will in this COVID-19 climate? It is not surprising that the financial uncertainty and personal anxiety caused by COVID-19 have resulted in many people undertaking a review of their estate planning arrangements. Generally, lawyers recommend that clients should review their wills when there is a significant change to their …
Continue reading “Implications of COVID-19 on succession planning”
Introduction In the context of the COVID-19 pandemic, many organisations are trying to implement policies and practices that involve the collection of health information of their staff and visitors to their sites to ensure the ongoing monitoring and maintenance of healthy workplaces. This is an important approach to a public health crisis. However, there are …
We are pleased to bring you the April 2020 edition of Emerging Issues for the Australian Technology, media and telecommunications (TMT) sector. In this Emerging Issues, we discuss: how the challenge of mass-remote-working in the advent of COVID-19 raises both new and known cyber-security issues; the current regulation of digital advice providers and the challenges …
Public concern over coronavirus ‘price gouging’ has continued to grow, with the pandemic creating shortages of essential groceries and medical supplies. Generally, the law allows prices to be set based on market forces of supply and demand, and normally competitive pressure would keep prices down. But even though price gouging is not specifically dealt with …
Continue reading “Pandemic price gouging a prime consumer concern”
The Australian Competition and Consumer Commission (ACCC) has granted a number of interim authorisations to organisations in particular industries, which allow them to cooperate during the coronavirus pandemic. Ordinarily, competitors cooperating to make decisions is illegal and the antithesis of competition. Authorisations provide statutory permission for organisations to engage in conduct that would ordinarily breach …
Continue reading “ACCC gives green light for COVID-19 cooperation”
In a Compliance Update released on 31 March 2020, ASX has sought to outline its response to COVID-19 and a number of temporary measures aimed at assisting listed entities. These measures, to a certain degree, support measures previously announced by ASIC. Continuous disclosure obligations ASX has confirmed they do not expect listed entities to make …
WHO SHOULD READ THIS Landlords and tenants of commercial or retail properties in Australia. Particularly those who are about to negotiate upcoming rental payments or take action for a lease default. THINGS YOU NEED TO KNOW The National Cabinet have agreed on a national code of conduct to regulate commercial leases during the COVID-19 pandemic …
Continue reading “COVID-19 changes to commercial and retail leases”
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 …
Continue reading “Closing retirement villages to visitors – a no go zone?”
[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 …
[vc_row][vc_column][vc_column_text]As the COVID-19 virus continues to spread across the globe, attention in Australian workplaces has turned to standing down employees in circumstances where, due to the impact of COVID-19, there is no useful work which they can perform in their role. Unlike private sector employees, whose employment is chiefly regulated by the Fair Work Act …
Continue reading “COVID-19 – The industrial impact on NSW local government employees”
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 …
Continue reading “Stage Two – Cushioning the economic impact of COVID-19”
[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 …
Continue reading “Legal impact of COVID-19 on the entertainment industry”
[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 …
OVERVIEW Australia saw its first case of COVID-19 on 25 January 2020. Since then, Australia’s interest rate has been cut twice to 0.25%, the lowest in Australia’s history. The AUD has sunk to a 17-year low. The ASX has seen its largest daily percentage fall on record. Australia’s unemployment rate is expected to soar in …
