News & Knowledge

News & Knowledge

Don't Be an Ostrich

Don’t be an ostrich (and bury your head in the sand) – A brief look at Australasian Performing Right Association Limited v K Illusion Pty Ltd [2024] FedCFamC2G 928...

Through the Looking Glass

A primary focus in family law proceedings is to safeguard children from emotional turmoil. “Don’t discuss matters with the children”. “Let kids be kids”. “Don’t enmesh the children in the dispute”...

Importance of Property Inspections

It is crucial to conduct property inspections before signing the contract, when purchasing property in Victoria or Queensland, Australia...

Take Two - The Rerun we didn’t want to flop!

It was the Hollywood rerun we were all happy to see and no I am not talking about Annie (yes that one definitely should have been left as the original!)...

FAMILY LAW: Separated with embryos- property or person, mine or yours?

The distinction between property matters and parenting matters in Family Law is quite clear and is especially so with the different legislative framework that applies to each...

High control, high surveillance, high risk

An emerging trend in intimate partner violence, including intimate partner homicide, is perpetrators using technology to stalk, monitor and abuse victims...

Who keeps the ring?

Purchasing a ring for your significant other when wanting to make the next step in your relationship is often one that is mulled over with great thought...

Selling a Tenanted Property in Victoria

When selling a tenanted residential property in Victoria Australia, sellers have to carefully consider their obligations as landlords...

Can You sell Your Victorian Residential Property While You are Abroad?

Is it possible to sell your Victorian residential property while you are overseas? The short answer is yes. However, in terms of the conveyancing procedures, there a few things you will need to consider:...

The Contract of Sale Demystified

Purchasing a property is a significant milestone. As property lawyers, we are here to guide you through the process with confidence and peace of mind...

New Land Tax on Holiday Homes in Victoria

The Victorian Government has passed legislation that will make some holiday homes subject to vacant residential land tax from 1 January 2025. "Vacant" does not mean that there is no building on the land, but that the property is not occupied...

The Right to Disconnect

The Federal Parliament has recently passed legislation that will provide employees with a legal right to disconnect. This change comes alongside several amendments made to the...

Non-Compete Clauses in Employment Contracts

Non-compete clauses are commonly used in Australian employment contracts, particularly for senior employees. However, in recent years, these clauses have been the subject of increasing international scrutiny, with many countries imposing substantial restrictions or banning them entirely...

Australian Competition Tribunal Overrules ACCC’s Decision Not to Authorise ANZ’s Acquisition of Suncorp Bank

The Australian Competition Tribunal (Tribunal) has granted authorisation for ANZ’s proposed acquisition of Suncorp Bank. In doing so, it set aside the Australian Competition and Consumer Commission’s (ACCC) decision to reject the acquisition last year. Matt Krog and Tim Eyears discuss further...

Indemnity Clauses

Indemnity clauses are common practice in commercial contracts, employed to manage contractual risk. Their role in risk management means they are often a key point of negotiation, particularly in merger and acquisition transactions...

Constructive Dismissal

In the modern workplace, navigating conflicts between employers and employees can sometimes pose a complex challenge.

Fair Game? Post-Employment Competition Restraints in the Sporting Industry

Competition restraints are clauses in employment contracts that prevent employees from working for a competitor or setting up a competing business for a certain period of time after leaving their employer.

Play it Safe: Injuries in School Sports

School sports, an exciting and essential part of a student’s education, can sometimes pose a major risk to their safety.

Privacy Protection: Safeguarding Athletes’ Data in the Modern Age

Athlete data is more than just numbers and stats. It can provide very valuable insights into performance, health, injury risk and even mental state.

Expanded Unfair Contract Terms Regime – Are Your Standard Form Contracts Compliant?

The recent enactment of the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) signifies a notable expansion in the unfair contract terms (UCT) regime.

Director Penalty Notices – Act fast before you are personally liable

Company directors can incur a personal liability related to certain tax liabilities owed by their company.

Family Law Amendment Bill 2023 - A new family law landscape

The recent enactment of the Family Law Amendment Act on October 19, 2023, marks a substantial shift in the existing legal framework, established back in 2006.

Beyond the Game: Athlete Image Rights in Australia

Image rights refer to the legal right of an individual to control the commercial use of their name, likeness, voice and other attributes associated with their public persona.

Shedding Light on ACCC’s Role in Mergers and Acquisitions in Light of Microsoft Corporation’s Acquisition of Activision Blizzard, Inc.

Microsoft Corporation has completed its $69 billion acquisition of Activision Blizzard, Inc (Activision), the publisher of popular video games such as Call of Duty and World of Warcraft.

Bringing a Sport into Disrepute – More Difficult Than It May Seem

Recently, Valentine Holmes, a rugby league player for the North Queensland Cowboys, was suspended for one match and fined by the National Rugby League for bringing the game and his club into disrepute.

Navigating the Legal Maze: Sponsorship Agreements in Australian Sports

In the pulsating world of Australian sports, sponsorship agreements form the backbone of financial stability for athletes, teams and events.

MY BUSINESS IS NOT YOUR BUSINESS- OR IS IT?

When parties make the difficult decision to separate, they often have many questions for family lawyers.

CAN MOVING WITH YOUR CHILD RESULT IN YOU BEING SUED LIKE JOE JONAS?

Everyone by now has heard the news of the split between musician, Joe Jonas and Game of Thrones star, Sophie Turner after Jonas filed for divorce in Florida, USA.

Employment Law Update – Upcoming Changes to Laws Governing Fixed Term Employment Contracts

Recently, the Australian Government has taken strides to bolster job security and prioritise gender equality in the workplace. These changes are a part of a broader commitment to enhance the Australian employment landscape.

Registration of Overseas Family Law Parenting Orders

In today's globalized world, it is increasingly common for couples who have temporarily resided overseas to return to Australia due to various reasons such as job opportunities or family commitments.

Family Law Orders Made Overseas

Australia is a multicultural society, and this diversity is increasingly reflected in the Federal Circuit and Family Court of Australia, as well as the broader Family Law domain.

Tranche 2 entities Consultation Paper

The Financial Action Task Force (FATF), of which Australia is a member, is the global money laundering and terrorist financing watchdog.

Artificial Intelligence and the Functions of Government: a welcome way forward or cause for concern?

On 30 November 2022, Open AI, a then little-known San Francisco based company formed in 2015, released an artificial intelligence (AI) chatbot known as ChatGPT.

Unauthorised Parking

Parking disputes are common. It can be frustrating to have an unauthorised vehicle parked at your property or residents parking at visitors parking spots.

GAAP Alert Article : Anti-Money Laundering

In 1989 an inter-governmental body, known as the Financial Action Task Force (FATF), was established by Ministers of Member jurisdictions, which included Australia. Its mandate is to promote effective implementation of legal, regulatory and operational measures for combating money laundering, terrorist financing and the financing of proliferation of weapons of mass destruction. It also sets an international standard, known as the FATF Recommendations, for countries to implement according to their circumstances and conducts evaluations of the effectiveness of member countries’ AML/CTF measures as assessed against the FATF Recommendations.

GAAP Alert Article : The National Anti-Corruption Commission

On 30 November 2022, the Commonwealth Parliament passed the National Anti-Corruption Commission Act 2022 and the National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022.

Regulatory Update: New Design & Distributions Obligations Regime

New provisions under the Corporations Act 2001 (the Act) came into effect on 5 October 2021 as a result of amendments made by the Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Powers) Act 2019.

Business Law Update: Defamation & Online Comment

Do people post comments on your businesses Facebook page? You could be liable for their defamatory comments.

Legal Update: Wage Theft Laws

On 1 July 2021, the Wage Theft Act 2020 (Vic) (Act) came into force in Victoria. The Act was designed to target the longstanding systemic and cultural issue of employee underpayment.

Urgent Family Law Matters and the COVID-19

Dealing with a family law matter is an incredibly stressful time for all parties involved particularly if it involves a degree of urgency

When in all this panic, little Marco is ill – what do you do?

Currently our news feeds are being flooded with the latest information and reports about Covid-19 (“Coronavirus”). We are being told to be on high alert and to monitor whether we or any

When a Holiday Becomes an Abduction

In an ever-globalised world, inter country and inter racial marriage and relationships are becoming more common and less difficult.

SPOUSAL MAINTENANCE

Spousal maintenance is the periodic maintenance payable by one spouse from their income to support the other spouse. Spousal maintenance can apply to both married and de-facto couples, andmaintenance can be paid either weekly or monthly.

PROPERTY ARTICLE

A partial property settlement is a distribution of assets or financial resources between separated parties in advance of final orders. It is commonly also referred to as an interim property settlement

THE POST POLICE

It’s undeniable: social media has changed almost every aspect of our lives. But how does it impact upon our working life, and to what extent can we be held liable for posts we make in a personal capacity?

THE ‘SICKIE’ SAGA

The Federal Court has made a landmark ruling in the case of Mondeléz v AMWU [2019] FCAFC 138. This case has been called to clarify the definition of personal leave under the provision of the Fair Work Act.

Shareholder Agreements

Starting up or investing in a new business? – Don’t forget the Shareholder’s Agreement!
If you are about to “start-up” a new business or maybe make an investment into a new or existing business which uses a corporate structure, a well drafted Shareholder Agreement is essential.

Key Changes to Long Service Leave

The Long Service Leave Act 2018 (Vic) replaced the Long Service Leave Act 1992 and includes a number of significant changes to the ways in which Long Service Leave (“LSL”) entitlements are calculated and maintained.

The changing face of labour hire

Approximately one quarter of all employees in Australia are employed on a casual basis,1 and the number has been steadily increasing over recent decades. It is uncertain at this stage how many of these “casual” workers might be affected by the Federal Court decision in WorkPac v Skene (Skene)

WorkPac Pty Ltd v Skene 2018 FCAFC case summary

Under the Fair Work Act 2009 (Cth) (FW Act), casual employees are not entitled to annual leave. However, a recent Full Federal Court decision has highlighted the fact that merely labelling an employee as “casual” will not avoid entitlements usually only awarded to permanent employees.

Liability for Incorrect Client Wages

As business owners should know, you must not contravene a term of a modern award, such as underpaying wages. What is probably less well known is that a person who is “involved” in a contravention of employment legislation is deemed to have contravened the law and that can include the external Accountant of a business.

Redefining the boundaries between retail premises and commercial premises may have commercial consequences.

A recent decision by the Victorian Supreme Court has expanded the scope of the Retail Leases Act 2003 (Vic) (‘Act’) by redefining the meaning of “retail premises”.

Defending a Magistrates Court Complaint

Filing the Claim
A civil claim is commenced in the Magistrates Court of Victoria when a Form 5A Complaint is filed with the Court. It contains a Statement of Claim. The claim will usually set out the facts in support of the claim (such as a breach of contract) and the amount being claimed.

Corporate Fraud

Corporate Fraud or Employee Theft, occurs far more often than people are comfortable talking about. It can happen to very small businesses as well as to global brands. As an owner or investor in a business the consequences can be significant.

Starting a new business? Getting the legal fundamentals right is crucial

If you are starting out, you likely have a great new idea, or are keen to branch out on your own. Perhaps you are switching careers and want to work for yourself, or are excited by the new franchise opportunity.

Powers of Attorney

Recently, changes were made to the laws which govern powers of attorney. Some of these changes have been made to consolidate and streamline the powers of attorney and related processes. Other changes have been made to improve protections for the people who grant the - the principal - and clarify their rights. Additionally, a new type of power, the supportive attorney, was created to for people who need another person to have the legal right to act on their behalf, but who don’t want or need to give up their ability to make decisions for themselves.

WHAT Global Advanced Metals v Metallurg Inc can tell us about Shareholder Agreements

This decision underscores the importance of a carefully drafted shareholder agreement.

Global Advanced Metals Pty Ltd v Metallurg Inc [2017] WASCA 188 is a recent decision of the Court of Appeal of the Supreme Court of Western Australia regarding a dispute between Global Advanced Metals Pty Ltd and one of its shareholders, Metallurg Inc. Metallurg had signed on to a shareholder agreement when it acquired the shares in Global, which relevantly included clauses which allowed all shareholders access to company records for accounting, taxing, and verification of investment, and which imposed a duty on shareholders to keep confidential all confidential information it receives.

DANGERS WITH (MIS)REPRESENTATION TO ASIAN INVESTORS

Unfortunately, sometimes the common Chinese emphasis of doing business based on trust and reliance doesn’t always translate well in the Australian business environment, especially since the Australian Courts take an evidence-based approach towards determining matters of fraudulent conduct. This is often exploited by wrongdoers (usually from the same community and background as their victims) who then take advantage of new migrants and overseas investors for commercial gain. Lacking even the most basic knowledge of the Australian legal system to protect their interests adequately, such migrants and investors find themselves in a position of unaccustomed vulnerability.

WHAT TO DO WHEN YOU RECEIVE A ‘S57 NATURAL JUSTICE’ LETTER?

An s57 Natural Justice letter is also otherwise known as an ‘Invitation to Comment on [Adverse] Information’ letter which is sent by the Department of Immigration and Border Protection (DIBP), most commonly when the case officer assessing the visa application suspects that a bogus document or information that is false or misleading has been provided.

STUDENT VISA OPTIONS

移民法律: 快到3月15日了,大多数毕业生的学生签证会当天过期。 你们考虑下一步申请什么种签证了吗?

485毕业生工作签证 – 如果你不是2011年11月份过后初次申请澳洲学生签证和不是从本科,研究生或博士学位毕业的, 你的提名职业需要是Skilled Occupation List (http://bit.ly/1eLeten) 的其中之一,和你也需要申请职业评估先才能申请签证。 不管是哪种毕业生工作签证申请,你还是需要考到所需要的语言成绩先才能申请。

ESTABLISHING A CORPORATION IN INDIA

GUIDE TO SETTING UP A BUSINESS IN INDIA
Selecting the right business structure

If you are looking to start or expand your business in India, one of the key decisions to be made is whether your business will be run through a foreign entity or a local (Indian) entity. From a taxation, operational, compliance and employment perspective, quite often it is beneficial to use a local entity to operate the business as opposed to an off-shore entity, which is generally subject to additional legal requirements.

A QUICK GUIDE TO PARENTAL LEAVE

There is no entitlement to paid parental leave in the Fair Work Act 2009(FWA).
An employee will only be entitled to paid leave from their employer if there is a provision for it in either their Award, their Agreement, or in the employee's contract.

ARE NEW LAWS THE BEST OPTION?

The media have recently reported dreadful stories about goings-on at some of our banks and other financial institutions.
The latter have allegedly transgressed by giving bad financial advice, failing to honour life-insurance policies and have allegedly manipulated the bank-bill swap rate.

RAISING CAPITAL TO FUND AN ACQUISITION - PART 2

Television Education Network
The 2nd Annual Business Acquisitions Conference

In my paper, I said Chapter 6D did not apply to proprietary companies where a disclosure document is required. I should also have said that where a proprietary company can avail itself of an exemption under section 708, without breaching section 113, it can raise funds as permitted by Chapter 6D.

RAISING CAPITAL TO FUND AN ACQUISITION - PART 1

Television Education Network
The 2nd Annual Business Acquisitions Conference

Finance, whether in the form of equity or debt, is vital for the formation, growth and continuing existence of business enterprises. There are many forms of finance that a business enterprise will look to and what it selects will be determined by the stage of maturity it has reached. A start-up will rely on different sources of finance to a multi-national.

RESTRAINT OF TRADE

POST-EMPLOYMENT RESTRAINTS OF TRADE:
WHEN OVERSTEPPING THE MARK MEANS NO PROTECTION AT ALL

You might be in retail, in professional services, manufacturing or in the construction industry, either way, it is an inevitable fact that as your business grows and expands, you will be employing or contracting with people who will gain intimate knowledge of your business operations and in many cases they will form valuable relationships with your customers and suppliers.

CIVIL LITIGATION AMENDMENTS: IF YOU WANT IT, YOU PAY FOR IT

In an attempt to cut down the costs of civil litigation, Victoria's Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Bill 2014 (the Act) has recently been passed to amend the Civil Procedure Act 2010 (Vic) in relation to discovery and disclosure obligations.

CONTRACTUAL INDEMNITIES-WHAT ARE THEY, AND WHAT DO YOU NEED TO KNOW?

An "indemnity" generally amounts to an agreement to compensate a person for a particular loss suffered. The extent of the compensation will depend upon the terms of the Indemnity.
It is very common to find Indemnity provisions in a variety of contractual arrangements such as contracts for the supply of goods, manufacturing contracts, property leases, agency arrangements, hire contracts, and personal service contracts.

Quick Links

ASIC announces action against 11 SMSF auditors (Media Release)

SMSF auditors under the watchful eye of ASIC. ASIC and the ATO work closely together as co-regulators of SMSF auditors and the risk of non-compliance can be quite severe, including being individually named for breaches. Visit this site

Windfall Gains Tax

New rules in Victoria are in place for "windfall gains" on property in Victoria. The Windfall Gains Tax and State Taxation and Other Acts Further Amendment Act 2021 applies to Victorian land rezoned after 1 July 2023. Note your contract may be subject to the new laws even if signed prior to 1 July 2023. Visit this site

Purchasers may have to withhold GST from 1 July 2018 (LPLC Update)

Purchasers of real property will be required to withhold any GST payable by the vendor and remit it to the Australian Taxation Office from 1 July 2018 if the Treasury Laws Amendment (2018 Measures No. 1) Bill 2018is passed. It is currently in the Senate. The relevant provisions will be in schedule 1 of the Taxation Administration Act 1953 (Cth).

Ensure your Contracts of Sale of real estate includes a special condition to deal with the GST withholding requirements. Visit this site