COVID-19 | Emergency Amendments to Insolvency Laws
Government moves to amend insolvency laws The Commonwealth Government announced a range of temporary amendments to certain insolvency laws as part of its economic response to COVID-19. The amendments will temporarily affect insolvency laws, corporate governance, and directors’ duties. The purpose of the amendments is to support otherwise viable businesses which will temporarily suffer financial […]
ReadmoreCOVID-19 | Cash is King – 4 ways your business can best respond to the challenges of COVID-19
The coronavirus (COVID-19) outbreak is undoubtedly tragic for the thousands affected, with Governments around the world having to act swiftly and assertively to protect vulnerable people. But there is underlying harm being caused to the economy, too – and the real impact of this cost is only just emerging. We’ve all heard the saying before […]
ReadmoreThe importance of owner’s consent
Where the applicant for a development application is not the owner of the land to which the application applies, the application is required to be supported by the written consent of the owner of the land to the application applies in a range of circumstances. The need for, and consequences of, not providing owner’s consent […]
ReadmoreChanging development approvals – don’t take the Court’s discretion for granted
The lack of unit sales associated with a development to be constructed in accordance with a development permit for 20 multiple dwelling units and a shopping complex (Development Approval), forced a Sunshine Coast developer to reconsider its options for the delivery of its project. To address financing and project delivery issues, the developer sought to amend […]
ReadmoreNew koala protections for South East Queensland
Koala populations have been in long-term decline in South East Queensland with estimates that koala numbers have decreased by 50-80 percent in key habitat areas over the last 20 years. To address this situation, the Queensland Government released the draft Koala Conservation Strategy (KCS) in December 2019 and has followed this up with a range […]
ReadmoreWhat is good for the goose…climate change disclosure and the public sector
Introduction Australia’s peak regulators, including the Australian Prudential Regulation Authority (APRA), the Australian Securities and Investments Commission (ASIC), the Australian Securities Exchange (ASX), the Accounting Standards Review Board and the Reserve Bank of Australia, are exerting increasing pressure on private companies to report on climate change risk in accordance with guidelines issued by the Financial […]
ReadmoreThe approvals climate is changing
In proceedings[1] brought by environmental groups, councils and the Mayor of London, the English Court of Appeal has ruled unlawful a decision, to allow the expansion of Heathrow Airport by the construction of a third runway, because it did not take the United Kingdom government’s policy and commitments on climate change into account. Background For many […]
ReadmoreCOVID-19 | Managing coronavirus in the workplace: Is your business “pandemic” ready?
It has been a turbulent start to the incoming decade as many Australian businesses have had to deal with the implications of major natural disasters and pandemics, from unprecedented bushfires to a global outbreak of the Novel Coronavirus (COVID-19). To assist employers we have created a guide to serve as the foundation for business decisions […]
ReadmoreWhy creative people and organisations need terms and conditions
A recent Federal Court case shows why it’s important for creative people and organisations to develop standard terms and conditions that apply to their services. The case is Hardingham v RP Data Pty Limited [2019] FCA 2075. Facts Briefly, the facts of the case were: Mr Hardingham is a professional photographer. He is the […]
ReadmoreHigh Court confirms who is an “officer”
The Australian Securities and Investments Commission (ASIC) today succeeded in a major High Court decision[1] on who is a company “officer” potentially liable for penalties under the Corporations Act. The High Court unanimously held that the definition of “officer” is not limited to those who hold or occupy a named office in a corporation or […]
ReadmoreForfeiture of non-proprietary interests
Equity may intervene to prevent the unconscionable exercise of a right to terminate a commercial contract. Whether equity will intervene to prevent the loss of a non-proprietary interest is controversial. Recent Victorian decisions have created greater uncertainty. Equitable principles are available to restrict the entitlement of an innocent party to terminate a contract for breach […]
ReadmoreCOVID-19 | Is your organisation ready for the business and operational impact of the COVID-19 in aged care?
Updates from the Department of Health The Guidelines for the Prevention, Control and Public Health Management of Influenza Outbreaks in Residential Care Facilities in Australia (Influenza Outbreak Guidelines) and the Series of National Guidelines (SoNGs) provide aged care providers with best practice guidelines for, preparing for, preventing, identifying and managing outbreaks of influenza in residential […]
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