COVID-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 […]
ReadmoreCOVID-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 […]
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