Legal Insights
Tougher penalties for abuse of Enduring Power of Attorney
On 1 September 2015, the Powers of Attorney Act 2014 (The Act) introduced new civil and criminal penalties for misuse of an enduring power of attorney. The penalties include a fine of up to $91,000 or up to five years imprisonment.
Witnessing requirements for Enduring Power of Attorney now tighter
The witnessing requirements for an enduring power of attorney have now changed.
The signing of an enduring power of attorney by the principal (the person giving the power) must be witnessed by two people
New type of power of attorney – Supportive Attorney
From 1 September 2015, a new type of power of attorney is now available - Supportive Attorney
Repair, replacement or refund - who decides?
In 2013 six different Samsung products were recalled due to the discovery of an electrical fault that could lead to the products catching fire.
As a consequence of the recall, Samsung was obliged, under the Australian Consumer Law (ACL), to replace the recalled products or provide a full refund.
New powers of attorney
From 1 September 2015, new powers of attorneys will come into effect in Victoria.
Charities must ensure contact details are current
More than 300 charities are at risk of losing their charity status because they have failed to provide up-to-date contact details to the Australian Charities and Not-for-profits Commission (ACNC). All charities on the ACNC register are required to notify the ACNC of changes to their organisation.
IR system needs tweaking not trashing; draft report of Productivity Commission
Today, the Productivity Commission released a draft report on its once in a generation review of the Australian workplace relations framework (see related article - Productivity Commission to Conduct Generational Review of Industrial Relations Laws).
The draft report outlines the key issues identified so far during the inquiry, discusses some of the draft recommendations and findings of the Productivity Commission, and invites feedback and comment from stakeholders on a variety of issues.
5,000 ACNC Charities receive a ‘red mark’ for failing to submit reporting
The Australian Charities and Not-for-profits Commission (ACNC) has given a ‘red mark’ to more than 5,000 charities that have failed to submit their 2014 Annual Information Statements (AIS) due for most charities in January 2015. The red mark appears as an exclamation alert on the charity’s listing on the charity register.
Good news for corporate volunteers
Volunteering Australia, the national peak body for volunteering, has released a new definition of volunteering after a 2 year review. The new definition is ‘time willingly given for the common good without financial gain’.
Common Owners Corporation rule declared invalid
A recent VCAT decision has clarified the powers of Owners Corporations to regulate short term leasing. It is common for Owners Corporation Rules to restrict certain activities that can be done in a multi-unit complex.
Reimbursement of fees provisions in VCAT have teeth!
The Tribunal has recently considered the new reimbursement of fees provisions inserted into the Victorian Civil and Administrative Tribunal Act 1998 (VCAT Act) in 2014.
When do casual employees have the right to vote?
The Federal Court has set aside a previous decision of the Fair Work Commission (FWC) which approved the Swinburne University of Technology's 2014 enterprise agreement, due to the inclusion of ineligible casual or sessional employees in the voting process for the agreement.
Small business update: Good news for small business
There have been a number of legal developments in the small business sector which should be welcomed as wins for small business operators. This alert provides a summary of three of those developments that are particularly relevant following the Australian Competition and Consumer Commission’s release of its Small Business in Focus report for the six months to June 2015.
An employer’s failure to make reasonable adjustments results in big payout
In a recent case in the Federal Circuit Court an employer; Corrective Services New South Wales, was ordered to pay a former probation and parole officer employed by it the sum of $180,000 plus interest as a result of discriminatory treatment of her. The employee suffered from Crohn’s Disease and took sick leave on a number of occasions.
A new financial year means new employment pay rates and thresholds
The start of the 2015/16 financial year brings into effect new minimum pay rates and thresholds.
ACNC CHARITIES - LODGE YOUR AIS PRIOR TO 30 JUNE
The deadline for lodging your Australian Charities and Not-for-profits Commission (ACNC) registered charity’s Annual Information Statement (AIS) is 30 June, unless you have applied to the ACNC to have a different reporting period. If charities fail to submit their AIS for two consecutive years, they will have their charity status revoked.
Doing good is good business
Whilst not a conventional topic for a lawyer’s article, I thought I would use this article as an opportunity to share Harwood Andrews’ recent certification as a B Corp and hopefully encourage other businesses in the Geelong and the Surf Coast region to do the same.
1 July deadline for public ancillary funds to comply with guidelines draws near
The transitional period for trustees of public ancillary funds to amend their fund’s governing rules to comply with the public ancillary fund guidelines closes on 1 July 2015. Public ancillary funds and their trustees must comply with these guidelines if the funds are to remain endorsed as deductible gift recipients.
As well as the fund losing entitlement to DGR endorsement, failure to comply with the guidelines could lead to the trustee incurring administrative penalties.
Federal Budget 2015: Small Business and Startups
The Federal Government has announced as part of its 2015 Federal Budget, a $5.5 billion package for business which is aimed to encourage entrepreneurship, growth and the creation of jobs. Small Business, being entities that that have an annual turnover of less than $2 million, make up 90 percent of incorporated business and have been the winners in the 2015 Budget.
New tax measures for farmers available immediately
Farmers are relieved by the Federal Government’s decision to bring forward the start date for new farm tax breaks.