Pub­li­ca­tions

Apr 7, 2020

Defin­ing An ​‘Offi­cer’ Under the Cor­po­ra­tions Act: Case Note — Aus­tralian Secu­ri­ties and Invest­ments Com­mis­sion v King [2020] HCA 4

Defin­ing An ​‘Offi­cer’ Under the Cor­po­ra­tions Act: Case Note — Aus­tralian Secu­ri­ties and Invest­ments Com­mis­sion v King [2020] HCA 4 Intro­duc­tion On 11 March 2020 the High Court of Aus­tralia hand­ed down judg­ment in the case of Aus­tralian Secu­ri­ties and Invest­ments Com­mis­sion v King [2020] HCA 4, with the judg­ment pro­vid­ing a long-await­ed clear…

Apr 2, 2020

COVID-19 | NSW Par­lia­ment Updates Leg­is­la­tion Relat­ing to Long Ser­vice Leave Entitlements

In the wake of the COVID-19 pan­dem­ic, NSW par­lia­ment has passed a num­ber of bills seek­ing to alle­vi­ate some of the hard­ships caused by the crisis.  One sig­nif­i­cant impli­ca­tion of COVID-19 in the employ­ment sphere con­cerns employ­ee access to paid leave enti­tle­ments, such as annu­al leave and long ser­vice leave. This becomes par­tic­u­lar­ly…

Apr 2, 2020

Par­ent­ing arrange­ments dur­ing COVID-19

The phrase ​‘unprece­dent­ed’ has been used con­sis­tent­ly in the recent weeks and this is par­tic­u­lar­ly true for Fam­i­ly Law in the midst of the COVID-19 outbreak. As Aus­trali­a’s poli­cies con­tin­ue to evolve each week, many sep­a­rat­ed par­ents who have chil­dren mov­ing from one house­hold to anoth­er are fac­ing increas­ing confusion.  The Court…

Mar 31, 2020

COVID-19 | Changes to the For­eign Acqui­si­tions and Takeovers Act 1975 | 31 March 2020

On 29 March 2020, the Hon. Josh Fry­den­berg MP, Trea­sur­er, announced changes to the way for­eign invest­ment is reviewed in Aus­tralia.The two key changes are: All mon­e­tary screen­ing thresh­olds in the For­eign Acqui­si­tions and Takeovers Act 1975 (Act) have been reduced to $0 mean­ing all pro­posed for­eign invest­ment into Aus­tralia (unless…

Mar 31, 2020

COVID-19 | Prop­er­ty Updates & Alerts

COVID-19 | Changes to the For­eign Acqui­si­tions and Takeovers Act 1975 | 31 March 2020On 29 March 2020, the Hon. Josh Fry­den­berg MP, Trea­sur­er, announced changes to the way for­eign invest­ment is reviewed in Aus­tralia. View the key changes here.COVID-19 Advo­ca­cy Alert | Loan relief mea­sures for com­mer­cial land­lords | 3…

Mar 31, 2020

COVID-19 | Advo­ca­cy Alert | Loan relief mea­sures for com­mer­cial land­lords | 30 March 2020

Fur­ther to our updates on 26 March 2020 and ear­li­er today, the Prime Min­is­ter announced last night that the Nation­al Cab­i­net agreed to a mora­to­ri­um on evic­tions over the next six months for com­mer­cial and res­i­den­tial ten­an­cies in finan­cial dis­tress who are unable to meet their com­mit­ments due to the impact…

Mar 30, 2020

COVID-19 | The lat­est on com­mer­cial ten­an­cies | 30 March 2020

Fur­ther to our update on 26 March 2020 regard­ing the COVID-19 Leg­is­la­tion Amend­ment (Emer­gency Mea­sures) Bill 2020 (Bill), on Sun­day 29 March 2020, the Prime Min­is­ter announced that the Nation­al Cab­i­net agrees that short term inter­ven­tion is need­ed for com­mer­cial tenancies. At this stage, there is noth­ing more than a set of…

Mar 26, 2020

COVID-19 Leg­is­la­tion Amend­ment (Emer­gency Mea­sures) Act 2020 (NSW) – RETAIL LEAS­ES ACT 1994 (NSW)

The COVID-19 Leg­is­la­tion Amend­ment (Emer­gency Mea­sures) Bill 2020 (NSW) was passed by both Hous­es of the New South Wales Par­lia­ment on 24 March 2020, which received assent yes­ter­day (Emer­gency Mea­sures Act). Amongst oth­er things, the Emer­gency Mea­sures Act intro­duces a new Part 11 (Response to COVID-19 pan­dem­ic) into the Retail Lease…

Mar 26, 2020

Insol­ven­cy Update | Statu­to­ry Demands, Bank­rupt­cy and Insol­vent Trad­ing | 26 March 2020

With COVID-19, the Coro­n­avirus Eco­nom­ic Response Pack­age Omnibus Bill 2020 (the Bill) has some sweep­ing changes to statu­to­ry demands, bank­rupt­cy and insol­vent trad­ing including: Statu­to­ry Demands: the min­i­mum debt for a statu­to­ry demand will be $20,000 (instead of $2,000)the time for com­pli­ance by a debtor com­pa­ny is now 6 months (instead of 21 days)This will apply…

Mar 26, 2020

COVID-19 Leg­is­la­tion Amend­ment (Emer­gency Mea­sures) Bill 2020 | 26 March 2020

The COVID-19 Leg­is­la­tion Amend­ment (Emer­gency Mea­sures) Bill 2020 (Bill) was passed last night and received roy­al assent today. The Bill intro­duces Part 11 into the Retail Leas­es Act 1994 (RLA) (which is a new part). The new Part 11 pro­vides that reg­u­la­tions MAY pro­vide for cer­tain mat­ters for the pur­pose of respond­ing to…