COVID-19 Update

Corporate & Commercial

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

UPDATE: Face Masks in Victoria: What are the Employer’s Responsibilities?

We recently discussed the Victorian Government’s recommendation to wear face masks and the responsibility of employers. The Victorian Government announced that, from 11:59pm on Wednesday 22 July, face coverings will be mandatory for those leaving their home in metropolitan Melbourne or Mitchell Shire. Fines for individuals not wearing a face covering outside their home is … Read More

Game Over: Sony to pay $3.5 million penalty for breaching the Australian Consumer Law

    The Federal Court of Australia has ordered that Sony Interactive Entertainment Network Europe Limited (Sony Europe) pay AUD$3.5 million in penalties for making false and misleading representations to Australian consumers about their Australian Consumer Law (ACL) rights.[1] Background In May 2019, the Australian Competition and Consumer Commission (ACCC) instituted proceedings against Sony Europe … Read More

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