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In 2019, the NSW Government enacted changes to duty and land tax laws in NSW being the State Revenue Legislation Further Amendment Act 2020 (NSW) (the Act). The Act had significant implications for discretionary trusts. In particular, the changes resulted in an assumption being applied that the trustee of a discretionary trusts is a foreign person and therefore any real property that is owned by [...]
The High Court of Australia has recently handed down decisions that emphasises the importance of a written contract in the employment or contractor relationship. On 9 February 2022, the High Court handed down two landmark decisions, Construction, Forestry, Maritime, Mining and Energy union v Personnel Contracting Pty Ltd [2022] and ZG Operations Australia Pty Ltd v Jamsek [2022]. These decisions clarify the distinction between an [...]
Formal deeds and contracts have been executed by companies using electronic means rather than traditional handwritten signatures following the Covid-19 lockdown restrictions which have prevented in-person conferences. The ability to sign documents electronically was initially a temporary solution to lockdown restrictions and was due to expire on 1 April 2022. However, businesses have keenly embraced the newfound convenience and efficiency of signing documents electronically. To [...]
As of 1 September 2021, the separate Federal Circuit Court and Family Court of Australia have merged to become the Federal Circuit and Family Court of Australia (FCFCA). The fusion of the two courts aims to streamline processes for more efficient resolution of family law disputes and to reduce cost and delay to the parties involved. Navigating the new structure All family law matters will [...]
As Lockdown continues and many tenants are forced to keep their doors closed, the NSW Government has updated its COVID-19 leasing laws and mandated rent relief for tenants. In 2020, when the pandemic first began, the NSW government instated the Retail and Other Commercial Leases (COVID-19) Regulation 2020 which allowed for rent relief negotiations proportionate to a tenant's turnover loss. However, this legislation ceased to [...]
Employers have the right to ask employees if they have been vaccinated against COVID-19 in order to try to maintain a workplace safe from infection. This does not mean that vaccinations can be mandated by an employer, noting that the Prime Minister has repeatedly confirmed that “the vaccination program in Australia is free and not mandatory”. In practice where employers are aware of the vaccination [...]
What does the most recent round of NSW and Commonwealth Regulations mean for me and my business? With almost daily changes to restrictions, rapidly introduced legislation, increases to police powers and an adapting workplace environment staying on top of your obligations to both clients and your employees can be difficult. To provide a calm and safe environment and avoid the significant penalties which can be [...]
On the 14th of July the New South Wales Government published the Retail and Other Commercial Leases (COVID-19) Regulation 2021. The primary objective of these new regulations is to restrict the rights of landlords under retail and other commercial leases to take action for a breach of lease by the tenant if the tenant has been 'impacted' by COVID-19. A tenant is "impacted" if they qualify [...]
Since 2010, the Australian Consumer Lawhas provided protection for consumers and small businesses against unfair contract terms (UCTs) contained in standard form contracts. In November 2020, following consultation with the public, legislators announced a further strengthening of the UCT protections. The UCT protections will continue to apply only to standard form contracts issued to consumers and small businesses. What are unfair contracts? A term contained [...]
The Family Court of Australia and the Federal Circuit Court of Australia have established a priority list to deal with urgent family law matters. The list was originally set to run for a number of months during the height of the pandemic but has been expanded to help address urgent cases continuing to arise that are directly affected or escalated by issues related to the [...]
