COVID-19 Update

Corporate & Commercial

2022 – 2023 Budget – Key Takeaways for Small Businesses

On 29 March 2022, Treasurer Josh Frydenberg delivered the 2022-2023 Budget, described as ‘the next stage in leading Australia’s strong economy into the future’ following ‘the biggest economic shock since the Great Depression.’ The Budget labelled as its key focus areas: Safer Australia, Cost of living, Regions, Workforce, Women, and Essentials. Included amongst these are … Read More

Why are T&Cs important for businesses?

Why is it important to have Terms & Conditions for your business?

By Julian Ryan (Senior Associate) and Olivia Cassano (Lawyer) For many new start-ups and small businesses having a robust set of terms and conditions (T&Cs) is not the first priority. But getting your T&Cs right is crucial to the smooth operation of your business and ensuring healthy cashflow. Why are T&Cs important? Terms and Conditions … Read More

upcoming broadening of unfair terms protections

Upcoming Bolstering of Unfair Terms Protections – What You Need to Know

By Rhys Munzel, Senior Associate Draft legislation was recently released proposing to bolster consumer and small business protections against unfair terms. Including, introducing penalties and a broader range of remedies against breaches of unfair terms protections. What are unfair terms? This concept has been protecting Australian consumers and small businesses from one-sided standard form contracts … Read More

Epic Games v Apple: The effectiveness of exclusive jurisdiction clauses in Australia

By Peter Francis, Partner, and Olivia Cassano, Lawyer The Full Federal Court of Australia’s decision in Epic Games, Inc v Apple Inc [2021] FCAFC 122 confirms that, in certain circumstances, an exclusive jurisdiction clause will not always be enforced. What is an exclusive jurisdiction clause? Firstly, an exclusive jurisdiction law clause enables parties to an … Read More

Resigning or removing company directors – no more backdating!

In February 2020, the Treasury Laws Amendment (Combatting Illegal Phoenixing) Act 2020 (Cth) (the Act) was passed to assist the regulator and liquidators to combat illegal phoenix activity. Illegal phoenix activity includes the creation of a new company to continue the business of an existing company that has been deliberately liquidated to avoid paying outstanding … Read More

High-Rises in Construction Insolvencies 2021: Builders to Feel the Pressure from Statutory Demand Protections Lifting and Other Reversals

During the COVID-19 pandemic, the Australian and Victorian government instituted several legislative changes and policies to reduce the financial impact suffered by businesses, including instituting additional protections and financial support packages. As the Australian economy slowly comes out of the pandemic, these measures are also being slowly being removed as the country reverts to pre-COVID … Read More

Starting a Technology Start-Up? Dream big and plan to avoid your dreams come crashing down

There is an abundance of material available for those thinking of establishing a start-up, including a multitude of lists of the top do’s and don’ts. It is estimated that there are 50 million new businesses launched every year in the world (or 137,000 a day). Australia-specific figures are not readily available but some estimates put … Read More

Electronic execution and remote witnessing of documents in Victoria

The Victorian Government has passed legislation permanently allowing mortgage documents, deeds, wills, and powers of attorney to be executed electronically and witnessed remotely. Enabling the execution of such documents without the need to exchange hard copy documents and arranging to meet in person will provide for flexibility and efficiency of services. The Victorian legislation makes … Read More

Above the DIN: Understanding the New Director Identification Number (DIN) Requirements

In the aftermath of the Banking Royal Commission, the government is increasingly concerned with accountability and governance. In December 2019, the federal government introduced several bills to Parliament. On 12 June 2020, the legislative package passed both houses of Parliament. The package included the following Acts: Commonwealth Registers Bill Act 2020 Treasury Laws Amendment (registries … Read More

Aged care services and coronavirus – does the buck stop with the board?

In 2019 we covered the then imminent introduction of the Aged Care Quality Standards (Standards), as contained within the Quality of Care Amendment (Single Quality Framework) Principles 2018. Those Standards, which took effect from 1 July 2019, raised the legal accountability of governing bodies and operators in the aged care industry. At the time we … Read More

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