Easing of continuous disclosure obligations made permanent by the Federal Government
On Tuesday 10 August 2021, the Australian Parliament enacted changes to company continuous disclosure laws under Schedule 2 of the Treasury Laws Amendment (2021 Measures No 1) Act 2021 (Amending Act). Schedule 2 to the Amending Act was originally given life by: Treasurer Frydenberg’s introduction of the Corporations (Coronavirus Economic Response) Determination (No. 2) 2020, […]
ReadmoreCOVID-19 | Mandatory COVID-19 vaccinations in the workplace – is it lawful?
While there have been many issues which employers have had to face during the COVID-19 pandemic, of late the issue which has received the most media coverage, and which has probably caused the most concern for employers, is the issue of whether an employer can mandate that its employees must receive COVID-19 vaccinations. We have […]
ReadmoreThe High Court provides more certainty around casual employees
The High Court has provided further certainty in determining whether an employee is a casual employee in handing down its much anticipated decision in WorkPac Pty Ltd v Rossato [2021] HCA 23 (4 August 2021). However, because of reforms in this space earlier this year, the practical implications of the High Court’s decision in Rossato […]
ReadmoreSouth Australia shakes up ‘game of chance’ trade promotion regulations
The South Australian Government has now completed an extensive review of its Lottery and Gaming Regulations 2008 (SA). It has issued a draft of the proposed Lotteries Regulations 2021 (SA) for comment. These would replace the existing regulations in December this year. The upshot: incremental improvements While the Lotteries Regulations would introduce some small improvements, […]
ReadmoreCOVID-19 | Land tax relief for landlords in NSW
The NSW Government has introduced further land tax relief measures for the 2021 Land Tax Year to landlords who provide rent relief waivers to tenants experiencing financial distress due to the COVID-19 pandemic. Eligibility For a landlord to be eligible for relief for the 2021 Land Tax Year the following criteria apply and must be […]
ReadmoreThe High Court finds privilege against self-incrimination is thinner than most imagined – DCT v Shi [2021] HCA 22 (4 August 2021)
DCT v Shi [2021] HCA 22 (4 August 2021) http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA//2021/22.html Majority: Kiefel CJ, Gageler, Gordon & Gleeson JJ Minority: Edelman J The High Court has found that the privilege against self-incrimination is thinner than most imagined, ordering disclosure of information claimed to be privileged. A witness can object to giving evidence on the ground […]
ReadmoreCasual employees – review of the new rights and obligations under the NES
The amendments to the National Employment Standard regarding casual employees are about bringing certainty to casual employment arrangements. Employers should now be considering what steps they need to take to comply with the NES including assessing offers of conversion for employees who commenced employment prior to 27 March 2021. This is particularly relevant as there […]
ReadmoreGadens Connect | 2021 Edition Three
For the third edition for 2021 of Gadens Connect, our team provides an overview of key performance indicators including the impact of COVID-19 holds across the recoveries portfolio, an update on permanent changes to the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 (Vic) and an insight into setting aside default judgment by […]
ReadmoreFull Court gives Epic Games the green light to continue CCA claim against Apple in Australia
In Epic Games, Inc v Apple Inc,[1] the Full Court of the Federal Court of Australia considered whether an exclusive jurisdiction clause in an agreement between Epic Games and Apple required a competition law claim brought by Epic Games against Apple to be stayed to allow the dispute to play out in the United States. […]
ReadmoreImportance of properly formulating offers made in proceedings involving counterclaims
In Wiggins Island Coal Export Terminal Pty Limited v Civil Mining & Construction Pty Ltd[1], the Queensland Court of Appeal considered the costs implications of an ‘all up’ offer made under the Uniform Civil Procedure Rules 1999 (Qld) (the UCPR) and whether it could determine the ‘net result’ of two orders (each order made in […]
Readmore“Let there be a vote” – Victorian Supreme Court grants adjournment under recent Small Business Restructuring Reforms
In Re Dessco Pty Ltd,[1] the Victorian Supreme Court adjourned a winding up application for 50 days to allow time for creditors to vote on a restructuring plan. Whilst the adjournment was opposed by the Plaintiff, the Judicial Registrar of the Court accepted the assessment formed by the Small Business Restructuring Practitioner that the company […]
ReadmoreCan parties to a mortgage contract out of a statutory limitation period? Yes, according to the High Court
Dismissing an appeal from the Supreme Court of Queensland, the High Court of Australia in Price v Spoor[1] considered three principle questions: Whether parties to a mortgage can agree that the mortgagor will not plead a defence of statutory time limitation, or whether such an agreement is void and unenforceable as contrary to public policy; […]
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