Legal Update: Changes to the Corporations Act 2001 assist businesses during COVID-19
On Wednesday 6 May 2020, the Corporations (Coronavirus Economic Response) Determination (No. 1) 2020 (Cth) (the Determination) came into effect, modifying the operation of the Corporations Act 2001 (Cth) (the Act) in response to COVID-19. The Determination will be repealed in 6 months but in the meantime, it will allow company officers to validly execute […]
Know your rights: Unfair dismissal
If an employee has been unfairly dismissed from their regular employment, they may be eligible to make a claim with the Fair Work Commission (FWC) or Industrial Relations Commission (IRC) for unfair dismissal. An unfair dismissal claim may assist the employee to receive compensation or reinstatement of their employment. The relevant commission will consider whether […]
Key steps to take when recovering debt
If an individual or business owes you money and they are refusing to pay, there are several options available for you to try and recover the debt. This is a common occurrence and may be an unfortunate consequence if you have lent money to a family member or friend, sold goods on credit, or are […]
COVID-19: New Emergency measures to protect tenancies
On Monday 13 April 2020, the NSW Government announced a funding boost and new emergency measures to protect tenancies. Land tax waivers In a further bid to encourage agreements on rent reductions, the Government has also allocated $440 million for land tax waivers or rebates for business and residential landlords. Landlords will be eligible for […]
Directors Duties: Avoid Storm-y conditions
On 27 March 2020, the Federal Court handed down its decision in Cassimatis v Australian Securities and Investments Commission [2020] FCAFC 52 and held the principals of Storm Financial (Storm), Emmanuel and Julie Cassimatis, had breached their director’s duties. The Federal Court concluded that the pair breached their duties by failing to prevent their company […]
COVID-19 Legal Update 9 April 2020
The Australian Government has recently implemented changes to legislation in response to COVID-19 and to help the economy withstand and recover from the economic impact of Coronavirus. While the new restrictions affect our day-to-day lives, the available relief attempts to alleviate strain caused to businesses and individuals. JobKeeper stimulus legislation Last night, the Australian Parliament passed […]
Obligations under commercial contracts during COVID-19
There are certain contractual and legal rights available to parties who are managing the impact of COVID-19. These legal principles include “force majeure” and “frustration” and may be applicable to consumers and businesses across NSW. As there has been an official declaration of a worldwide pandemic, we anticipate many of these rights will be triggered […]
Can I execute a document electronically during COVID-19?
With a large proportion of the population working from home under COVID-19 restrictions, many people will be unable to physically print, sign and scan documents. While the law in Australia provides most documents can be signed by electronic signature, the authority on electronic execution of deeds is still unclear. However, businesses may be compelled to […]
5 Tips for Business Continuity
As business owners, our key concern is keeping our businesses afloat during uncertainty. Enduring the tough times sets up the businesses that survive to be more resilient in the future. Downturns can be scary in the moment, usually because there is no plan in place for your business and the world around you appears to […]
DON’T BE ‘CASUAL’ WITH YOUR EMPLOYMENT AGREEMENTS
In my experience, clients are often, understandably, surprised by the range of areas where uncertainty in the law can have a significant impact upon the way they need to order their business affairs. In the modern era, where legislation regulating business conduct proliferates, it is understandable that some level of certainty as to the law […]
