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. …
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[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 …
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 …
[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 …
Continue reading “JobKeeper payments: wage relief and support for businesses”
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 …
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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. …
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 …
Continue reading “Modern award changes during COVID-19 pandemic”
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 …
[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 …
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 …
Continue reading “Therapeutic Goods Ads Gone Bad: Rules for Industry”
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 …
Continue reading “Cybersecurity a must as scammers spread infection”
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 …
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 …
[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 …
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 …
Continue reading “ISR and COVID-19: Will your policy respond?”
[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 …
[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 …
WHO SHOULD READ THIS All employers, human resource managers and in-house lawyers who manage payroll and employee entitlements. WHAT YOU NEED TO KNOW Modern award changes came into effect from 1 March 2020, introducing annualised wage arrangements. WHAT YOU NEED TO DO Ensure that you understand your options and the benefits of paying employees an …
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Following a recent review, the Takeovers Panel (Panel) has affirmed its decision in Smoke Alarms Holdings Limited [2020] ATP 2 (which can be read here), and maintained its firm stance on the disclosure requirements in relation to a section 611 item 7 (Item 7) meeting. Background The takeover provisions in Chapter 6 Corporations Act 2001 (Cth) (Act) apply to companies …
Continue reading “Smoke Alarms Holding Limited – Takeovers Panel sounds alarm on disclosure”
Following findings in the Coronial inquest arising from the Dreamworld tragedy that have criticised the operating company’s safety systems and standards, the operating company has been referred to prosecuting authorities. However, the question remains, are Queensland’s Work Health and Safety (WHS) laws capable of seeing officers of a large entity actually found liable and subject …
Continue reading “Dreamworld Inquest: could officers actually be imprisoned?”
The SG Amnesty bill has finally passed. Employers who voluntarily disclose during the Amnesty Period can access various concessions, including a deduction of the SGC liability and a remission of administration fees and Part 7 penalties. If an employer suspects that they may have historic unpaid superannuation guarantee contributions, we recommend that they seek advice …
Continue reading “Superannuation Guarantee Amnesty has finally passed”
Introduction While Australia faces its energy challenges, there are also proving to be many opportunities emerging for existing industries as a result of technological advancements and the falling costs of renewable energy projects. One such opportunity which has emerged for the mining industry specifically is the potential to utilise former and abandoned mine sites for …
WHO SHOULD READ THIS All employers, human resource managers and in-house lawyers who manage payroll functions, employee entitlements, and recruitment. THINGS YOU NEED TO KNOW Wage theft is a key focus area for the Fair Work Ombudsman. Employers should be aware of back payment requirements and possible penalties. WHAT YOU NEED TO DO Employers must …
Continue reading “Wage Wars – Underpayment may become a crime”
Last week, the Federal Court of Australia delivered judgment in Urban Alley Brewery v La Sirène[1], finding in favour of Melbourne brewer La Sirène’s cross-claim to have Melbourne brewer Urban Alley’s trade mark for URBAN ALE cancelled from the Australian Trade Marks Register. The case has implications for businesses seeking to use, register and enforce …
Impractical exemptions to the FIRB regime contained in Free Trade Agreements largely unused yet often overstated Australia’s general policy towards inbound foreign investment is that it is welcome – in fact it is positively encouraged. That said, certain foreign investment into Australia must first be reviewed by the Foreign Investment Review Board (FIRB) to ensure …
Continue reading “Re(FIRB)ishing foreign investment laws before the new FTAs move in”
WHO SHOULD READ THIS WHAT YOU NEED TO KNOW WHAT YOU NEED TO DO The Victorian State Revenue Office (VSRO) has announced that from 1 March 2020, a discretionary trust that has any potential foreign beneficiaries will be considered to be a foreign trust, and subject to an additional 8% foreign purchaser duty on the …
Continue reading “Changes to Victorian additional foreign purchaser duty”
WHO SHOULD READ THIS WHAT YOU NEED TO KNOW WHAT YOU NEED TO DO Continuing on the path of reform that began following the commencement of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act), the Queensland Government has proposed extensive amendments to the BIF Act, and to other legislation governing the …
WHO SHOULD READ THIS Resources industry stakeholders in coal and metalliferous mining, quarrying, petroleum and gas and those who deal with explosives in the Queensland resources industry. WHAT YOU NEED TO KNOW In February 2020, Queensland Mines Minister introduced a Bill to create industrial manslaughter offences for the Queensland resources industry. WHAT YOU NEED TO …
Continue reading “Industrial Manslaughter to be introduced for Queensland Resources Sector”
WHO SHOULD READ THIS All employers, human resources managers, in-house lawyers and professionals with an industrial or employment focus. THINGS YOU NEED TO KNOW Casual employment is often fluid and can change over time. Casual employment arrangements remain subject to significant scrutiny by the FWC and Federal Courts. WHAT YOU NEED TO DO Review your …
