Retail Leases Amendment Act adds more pressure for landlords on top of COVID-19 changes
The Retail Leases Amendment Act 2019 (Vic) (Amendment) was passed by the Victorian Parliament on 15 September 2020. These changes are permanent amendments to the Retail Leases Act 2003 (Vic) (RLA) and are separate to the recent temporary changes made to Victorian legislation relating to the COVID-19 pandemic. These changes to the RLA will likely […]
ReadmoreCOVID-19 | Webinar | JobKeeper 2.0 and changes to the Fair Work Act – what you need to know
Last week, the Federal Government agreed a six month, $32 billion extension to the COVID-19 JobKeeper Scheme (see our full update here). Australian businesses have been hit hard by the pandemic, and the Scheme has helped many stay afloat since its introduction in March. In this webinar (hosted on Thursday, 10 September 2020), Brett Feltham […]
ReadmoreThe Singapore Convention Has Now Entered Into Force
Purpose One of the major roadblocks for parties contemplating mediation of cross-border commercial disputes has been the uncertainty, cost and/or delay in enforcing a breach of a term of mediated settlement agreement. This has often resulted in parties to a commercial cross-border dispute resorting to court/curial focused litigation or indeed foreign arbitral proceedings which are […]
ReadmoreWebinar | Cyber Security in 2020
The Victorian Society for Computers and the Law (VSCL) and the North American Australian Lawyers Alliance Incorporated (NAALA) present Cyber Security in 2020. Moderated by Paul Cenoz, President of the NAALA, the panel navigated an insightful discussion of the current state of cyber security, including Australia’s Cyber Security Strategy 2020; best practice in regards to […]
ReadmoreCOVID-19 | Sneakerboy The Sequel: A Practical Application of the NSW COVID-19 Regulation and Leasing Regime
In the second instalment of Sneakerboy, the Court applies various aspects of the NSW COVID-19 leasing regime and addresses the forthcoming repeal of the NSW COVID-19 Regulation, currently scheduled for 24 October 2020. The Sneakerboy Decisions The recent NSW Supreme Court decision of Sneakerboy Retail Pty Ltd trading as Sneakerboy v Georges Properties Pty Ltd […]
ReadmoreCOVID-19 | Emergency Amendments to Insolvency Laws: What’s next?
In March, we reported that, as part of a suite of legislative and economic responses to COVID-19 the Commonwealth Government had announced a range of temporary amendments to certain insolvency laws. The amendments were aimed at temporarily amending insolvency laws, affecting in turn corporate governance, and directors’ duties. The purpose of the amendments was to […]
ReadmoreCOVID-19 | JobKeeper 2.0 and changes to the Fair Work Act – what you need to know
The Federal Government has agreed an extension to the COVID-19 JobKeeper scheme, with major changes being implemented imminently. Amending legislation was passed by Federal parliament on 1 September 2020. The effect of COVID-19 on Australian businesses has been profound, and staying at the forefront of critical changes to the Fair Work Act 2009 (Cth) and […]
ReadmoreLiquidators Be Aware – Statutory Demands and Personal Liability for Costs
In SJG Developments Pty Ltd v NT Two Nominees Pty Ltd (in liq),[1] the Supreme Court of Queensland set aside a statutory demand served by the liquidators of NT Two Nominees Pty Ltd (in liquidation) (NT Two Nominees) on SJG Developments Pty Ltd (SJG). Costs were awarded on the indemnity basis and more significantly, were also ordered […]
ReadmoreLiquidators in the ongoing Queensland Nickel Pty Ltd (In Liquidation) litigation fail to recover $102 million but are successful in their uncommercial transaction claims
In Parbery & Ors v QNI Metals Pty Ltd & Ors[1] the Court held, amongst other things, that: payments totalling $102 million from the bank account of Queensland Nickel Pty Ltd (In Liquidation) (QNI) to Mineralogy Pty Ltd (Mineralogy) were not recoverable by the liquidators of QNI as they were disbursements of the funds of QNI Metals […]
ReadmoreGunns ahoy: Federal Court reignites debate over the application of the peak indebtedness rule and set-off defence in unfair preference claims
In the recent Gunns decisions, the Federal Court considered three separate unfair preference claims brought by the liquidators of Gunns Limited (in Liquidation) (Gunns) against: Badenoch Integrated Logging Pty Ltd (Badenoch);[1] Bluewood Industries Pty Ltd (Bluewood);[2] and Edenborn Pty Ltd (Edenborn).[3] Badenoch, Bluewood and Edenborn each received significant sums from Gunns during the relation-back period and evidence available […]
ReadmoreCOVID-19 | Victoria extends rental eviction moratorium
Rental Eviction Moratorium Extended – 31 December 2020 In response to the second COVID-19 wave in Victoria, the Victorian Government announced on 20 August 2020 that the rental eviction moratorium under the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic) (Covid-19 Act) would be extended until 31 December 2020. The moratorium protects both residential and commercial tenants suffering financial distress […]
ReadmoreCOVID-19 | Construction hibernation? The impact of Stage 4 restrictions on construction projects
On 16 August 2020, the Public Health Commander issued the Workplace (Additional Industry Obligations) Directions (No 4), Workplace Directions (No 3) and Area Directions (No 7) (collectively, Directions), which provide much needed guidance on the potential impact of Stage 4 restrictions on construction projects in Victoria. Although the various government websites and daily press conferences […]
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