Family Meetings

Many successful families in business hold at least one family meeting each year. Family meetings often have a formal business and social component, and a structured and unstructured component, and are frequently held in locations away from the normal environments of the family.

A recent decision of the Victorian Civil and Administrative Tribunal has highlighted the risk of relying on online mapping tools to assess whether a site is within an area of ‘cultural heritage sensitivity’ within the meaning of the Aboriginal Heritage Act 2006 and regulations.

A recent decision of the Victorian Civil and Administrative Tribunal confirms the approach in the Planning and Environment List to permit applications where Owners Corporations object.

Discretionary trusts are widely used in modern-day business and are generally understood as efficient structures for asset protection and tax minimisation.  The obligations of trustees in administering trusts, particularly with regard to providing reasons for their decisions to beneficiaries, are less well understood.

The end of 2014 is fast approaching and as we don our dancing shoes and toast to the successes of the year that was, it is important for employers to remain mindful of the legal and HR risks that work parties can pose. 

On 1 January 2015, the current Franchising Code of Conduct (Code) will be repealed and replaced with an updated Code. The changes will affect all franchised businesses and this alert summarises that five key changes to the Code.

The Victorian Civil and Administrative Tribunal (VCAT) has clarified the interpretation of the provisions in all planning schemes in Victoria concerning the subdivision of land parcels which are in two planning zones.

The Victorian Civil and Administrative Tribunal (VCAT) has found that Owners Corporation special rules purporting to prohibit ‘illegal’ behavior, a relatively common formulation of rule, are unlawful under the legislative regime created by the Owners Corporations Act 2006.

The Personal Property Securities Act 2009 (PPSA) has imposed upon businesses a new and complex regime that is laden with very technical terms and concepts that can be difficult to fully understand.

On 27 October 2014 the Coroner’s Court of Victoria delivered its finding into the inquest on the death of Kyle Vassil.  The deceased was a 12 year old student who, on day one of a school camp, drowned in a dam a few meters from shore. 

Harwood Andrews is a reporting member of the Australian Legal Sector Alliance (AusLSA), an industry-led association that works to promote sustainable practices across the legal sector.

From 1 January 2015 the standards imposed by the government regulator on deposit taking institutions are being tightened.  The measure is part of a global initiative to improve the liquidity of the finance industry.

The Tax and Superannuation Laws Amendment (2014 Measures No 6) Bill 2014 (the Bill) has now been passed by both Houses of Parliament and is expected to receive assent shortly.

Family Business Hub has been established by Harwood Andrews as a specialist consulting service to provide advice, support and expert knowledge to families in business.

When the Rolling Stones cancelled not one but two Australian concerts in 2014, the ticket providers offered refunds to those concert ticket holders. But what about the cost of flights or accommodation?

Many small to medium sized businesses face disputes between shareholders.  Often these shareholders are family members.  Shareholder disputes are notoriously expensive to resolve and typically take the form of “oppression” claims commenced in the Supreme Court of Victoria under the provisions of s 233 of the Corporations Act 2001 (Cth).  Although individual disputes will differ, all these disputes have in common allegations that the affairs of a company have been conducted in an oppressive manner.

“If you’re contracting out, and the price seems too good to be true, someone’s probably getting ripped off. And if it turns out to be the workers, and it turns out you half knew that, then you are in danger yourself of having been involved in a contravention”

The coming of electronic conveyancing has been touted for over 10 years.  Initially planned to provide an online platform for conveyancing commencing with enquiry with an estate agent to final settlement, the reality is a more modest electronic settlement facility.  It will be the equivalent of the Australian Stock Exchange for property settlements.

I recently represented Harwood Andrews at an International Corporate Governance Forum focusing on mandatory gender quota legislation. The forum featured overseas representatives from The Netherlands, South Africa, Germany and Norway, as well as corporate representatives from Australia.

The Australian Law Reform Commission released a Discussion Paper, Serious Invasions of Privacy in the Digital Era which set out over 40 proposals for reform, including new causes of action for invasion of privacy.  A Summary Report has recently been published which recommends the adoption of a great many of those proposals.