The new General Environmental Duty – What does this mean for directors?
Victoria’s approach to environmental protection and human health is changing soon. Coming into effect from 1 July 2021, the General Environmental Duty (GED) will be the cornerstone of the new Environment Protection Amendment Act 2018 (Vic) (EPA Act). The new GED will require all Victorian businesses and individuals to take proactive steps to prevent and […]
ReadmoreSuccessfully managing cyber security risks
In today’s world cyber security has never been more critical. Keeping your data secure has become increasingly complex, with hackers doing their best to stay one step ahead. Now more than ever before, it is important that you address cyber security risks as a key priority for your organisation. For Privacy Awareness Week 2021, our […]
ReadmoreTrade Promotions update | ‘Gift with Purchase’ offers in South Australia
We have some exciting news about changes to ‘Gift with Purchase’ trade promotions in South Australia. Read our full update below: If you found this insight article useful and you would like to subscribe to Gadens’ updates, click here. Authored by: David Smith, Partner Jessica Bell, Paralegal +61 3 9252 7701 | jessica.bell@gadens.com Sonja Muzoska, […]
ReadmoreUlterior motives and personal interests lead to setting aside of Public Examination Order
In ACN 004 410 833 Ltd (formerly Arrium Limited) (in liq) v Michael Thomas Walton & anor,[1] the New South Wales Court of Appeal considered the purpose for which public examination summons and production of documents can be ordered. Drawing on authorities that the predominant purpose of a public examination should be for the benefit […]
Readmore“Don’t let perfect be the enemy of the good”: Court approves pragmatism in liquidators entering into Deed of Settlement
In Re Octaviar Ltd,[1] the Supreme Court of Queensland has given a recent example of a settlement considered too ‘good’ to approve, even while noting its failure to achieve perfection. Where a settlement will significantly progress two very lengthy liquidations and save value for creditors by avoiding further costs and delay, the Court is prepared […]
ReadmoreOverturning Orders for Possession on appeal – beware of an appellant’s new evidence and new contentions
In De Pasquale v ASCF Managed Investments Pty Ltd,[1] an appeal was brought against an Order for Possession made by a Master of the Supreme Court of South Australia on 19 December 2019 against the appellants’ property. In the appeal, Justice Livesay of the Supreme Court of South Australia considered the following: whether it was […]
ReadmoreBarber v Goodstart – can employers now mandate vaccinations in the workplace?
In a much publicised decision of the Fair Work Commission (FWC) FWC, Bou-Jamie Barber v Goodstart Early Learning [2021] FWC 2156, the termination of a childcare worker who refused to take a flu shot has been upheld. However, while the decision provides some guidance on the issue of vaccinations in the workplace, the FWC cautioned […]
ReadmoreWebinar | To pay or not to pay: The rise of ransomware in 2021
There has been a sharp rise in ransomware attacks through 2020 and 2021, with businesses impacted both domestically in Australia and across the globe. In this webinar, Dudley Kneller defines what is ransomware, outlines what an attack look like, cites recent examples and concludes with some tips and takeaways on how to reduce risk to […]
ReadmoreTimely reminder for companies to lodge their financial reports
Recent prosecutions and convictions obtained by the corporate regulator serve as a timely reminder for companies of the importance of lodging financial reports. The Australian Securities and Investments Commission (ASIC) recently prosecuted and obtained convictions against three companies for failing to lodge annual financial reports with ASIC within the specified period after the end of […]
ReadmoreGadens Connect | 2021 Edition Two
In this edition of Gadens Connect, our team provides an overview of key performance indicators from last quarter; shares an overview of important changes to the Residential Tenancies Amendment Act 2018 (Vic) and AFCA determinations on Early Release of Superannuation; and addresses mortgagee in possession FAQs. As always, we welcome your feedback on this publication. […]
ReadmoreRespect@Work and future changes to Australia’s sexual harassment laws
The Federal government has today announced that all 55 recommendations contained in the landmark report, Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, are either agreed wholly, in part, or in principle, or are noted where they are directed to governments or organisations other than the Federal government. National Inquiry into Sexual Harassment in […]
ReadmoreWhere to from here? A realistic and practical balancing act for the small business exemption
Protecting the privacy rights of individuals and avoiding the burden of unnecessary compliance costs on small business can be a delicate balancing act. Various exemptions are currently under consideration under the review of the Privacy Act 1988 (Cth) (Privacy Act) by the Attorney-General’s Department (Privacy Act Review). In this article, we explore the small business exemption […]
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