Continuing Professional Development – 31 March 2020 | Representations, warranties and indemnities and their relevance for contracting
Below you will find the recording from our recent Continuing Professional Development morning, hosted via webinar on Tuesday, 31 March 2020. If you have any queries regarding the session topic, or related issues, please do not hesitate to get in touch with the presenter or our wider team. Representations, warranties and indemnities and their relevance […]
ReadmoreContinuing Professional Development – 31 March 2020 | Legal ethical dilemmas in commercial and corporate transactions
Below you will find the recording from our recent Continuing Professional Development morning, hosted via webinar on Tuesday, 31 March 2020. If you have any queries regarding the session topic, or related issues, please do not hesitate to get in touch with the presenters or our wider team. Legal ethical dilemmas in commercial and corporate […]
ReadmoreCOVID-19 | Director’s duties amid recent changes to insolvency law
With the impact of COVID-19 well and truly being felt by business, many may be heartened by the Government’s recent temporary changes to insolvency laws. What all directors need to remember however, is that their conduct is not only policed by sections 588G and 588M of the Corporations Act 2001 (Cth) (Act), but also by […]
ReadmoreCOVID-19 | ‘Business days’ when business has changed
The ‘business day’ in a new light As at 29 March 2020, the Morrison Government had announced sweeping shutdowns in response to the COVID-19 pandemic. Pubs and gyms are among those deemed ‘non-essential’ businesses and required to shut down. Businesses which do not fall under this qualification, including banks, remain open. Australians are being advised […]
ReadmoreCOVID-19 | Managing privacy during a pandemic: practical steps and considerations for businesses
Please note that this information is subject to change as further information and guidance is released by Federal, State and Territory governments. In recent weeks, Gadens has been assisting clients to deal with a range of privacy challenges which have arisen as a result of the global COVID-19 pandemic. Businesses are grappling with the obligations […]
ReadmoreCOVID-19 | Emergency measures for tenancy laws in NSW
The economic pressure on tenants and landlords during the COVID-19 pandemic is increasing resulting in the mandated closure of a large number of businesses under the Public Health Act 2010 (NSW) and rise in unemployment. On 26 March 2020 the COVID-19 Legislation Amendment (Emergency Measures) Bill 2020 (Bill) was passed in New South Wales Parliament. […]
ReadmoreAnti-phoenixing legislation finally passes through Parliament
After having been introduced to the Commonwealth Parliament on 13 February 2019, then re-introduced on 4 July 2019, the Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 finally passed through both Houses on 5 February 2020. As its name suggests, the Bill introduces a number of new measures aimed at combating illegal phoenix activity in Australia. Illegal […]
ReadmoreAn overview of the changes to the witnessing requirements for Queensland Land Registry forms
The Natural Resources and Other Legislation Amendment Act 2019 (Qld) introduced additional requirements for witnessing documents including: requiring the witness to take reasonable steps to verify the identity of an individual and to ensure the individual is the person entitled to sign the document; requiring the witness to keep a written record of the steps they took […]
ReadmoreTo carry out no or little investigation and to say nothing is not an option – a warning to insolvency practitioners
The Federal Court has issued a warning to insolvency practitioners, involved in voluntary administrations, to ensure adequate investigation and reporting occurs of matters that have the potential to materially affect the outcome of the administration. In Adelaide Brighton Cement Limited, in the matter of Concrete Supply Pty Ltd v Concrete Supply Pty Ltd (Subject to Deed […]
ReadmoreCOVID-19 | Verification of identity – the need to go digital
All of the states (but not the territories) require mortgagees to undertake reasonable steps to verify the identities of mortgagors, commonly through a framework called the “Verification of Identity Standard” (VOI Standard) undertaken by specialised “Identity Agents” e.g. lawyers or other agents with professional indemnity insurance. Where they do not, and the mortgage instrument is […]
ReadmoreCOVID-19 | Regulatory wave needs to crash against COVID-19 wall
With the recent coronavirus pandemic, the current regulatory wave may see unique changes, with lawyers and GCs needing to prepare as uncertainty sweeps through businesses. It is no secret that the financial services industry entered this year riding a regulatory wave in the wake of the Hayne royal commission’s findings of widespread misconduct. There has […]
ReadmoreCOVID-19 | COVID-19 and rent reviews: rent reductions in a recession?
Economic impact of COVID-19 On 11 March 2020, the World Health Organisation formally declared the outbreak of COVID-19 as a global pandemic. To varying degrees around the globe, countries have enforced travel bans and closures of non-essential public gatherings. Unsurprisingly, the declaration of the pandemic prompted global panic, with grave political and economic ramifications. Small […]
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