Legal Insights
COVID-19 contract impacts
The restrictions on social gatherings and non-essential businesses will impact the ability of many parties to comply with their contractual obligations.
Temporary relief for financially distressed businesses and individuals
On 22 March 2020, the Australian Government, as part of its economic response to the Coronavirus, announced temporary relief measures for financially distressed businesses.
Changes to the Building Amendment (Swimming Pool and Spa) Regulations 2019
The Building Amendment (Swimming Pool and Spa) Regulations 2019 (“the Regulation”) commenced on 1 December 2019 and added mandatory requirements for landowners who have a swimming pool or spa.
Changes to the Retail Leases Act: how will you be affected as tenant or landlord?
The Retail Leases Amendment Bill (Bill) proposes reforms to the Retail Leases Act (Act) in an effort to make retail leases fairer and easier to understand.
Victorian Farmers, will changes to retail leasing apply to you?
In some circumstances farm leases will be outside the scope of The Retail Leases Act (Act) following a determination by the Minister for Small Business, exempting farm leases from the Act, effective from 29 October 2019.
Update from Harwood Andrews regarding COVID-19
The Coronavirus (COVID-19) is having a significant impact across Australia. At Harwood Andrews we remain acutely aware of the impact this is having, and may continue to have for the foreseeable future, for our clients. We are taking a position of ‘business as usual’ with our offices still being attended, whilst keeping abreast of the evolving direction from various authorities.
Best practice procurement: Accessible standards for technology
Web content can be challenging for those with a disability to navigate and understand. All Victorian Government online services and departments working directly with people with a disability, must ensure internal and external digital content meets certain accessibility standards. For private sector businesses, these standards can also provide a great guide on what to aim for in your communications.
ATO assistance available to those affected by ongoing bushfires
The ATO is offering assistance to those individuals and businesses impacted by the recent and ongoing bushfires that have impacted large parts of Australia since late 2019.
Small Business CGT concessions – Eichmann case clarifies active asset test criteria
In FCT v Eichmann [2019] FCA 2155 (Eichmann), the Federal Court overruled the decision in Eichmann v FCT [2019] AATA 162 and held that land used for the storage of equipment and materials that were utilised in the respondent’s building, bricklaying and paving business was not an active asset for the purposes of accessing the small business capital gains tax (CGT) concessions contained in Division 152 of the Income Tax Assessment Act 1997 (Cth) (Act).
SRO ending 'practical approach' to foreign trusts
The Victorian State Revenue Office (SRO) has announced that it will be ending its “practical approach” to whether discretionary trusts trigger the foreign duty surcharge on a purchase
Bushfire Appeal raises over $40,000
We are proud to announce that the Geelong community has rallied behind our appeal in conjunction with the Royal Geelong Yacht Club (RGYC), Geelong Connected Communities (GCC), and AWA Alliance Bank, to raise over $40,000 for the Salvation Army National Bushfire Appeal.
Harwood Andrews Promotions and Appointments
Harwood Andrews has started 2020 with gusto, announcing internal promotions, appointments to Principal and a new look property team.
Expats Beware – CGT main resident exemption no longer accessible to foreign tax residents
On 12 December 2019, the controversial Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures) Bill 2019 (Bill) was granted royal assent.
We Are Proud To Partner With The Festival Of Sails, Geelong Connected Communities And Awa To Support The National Bushfire Appeal
To do our part for one of the worst bushfire seasons on record, we are proud to partner with AWA Alliance Bank and Geelong Connected Communities to help kick start the Royal Geelong Yacht Club 'Festival of Sails' Bushfire Appeal.
Split Asunder! – ATO update guidance on trust splits
On 13 December 2019, the Australian Taxation Office (ATO) released Taxation Determination TD 2019/14 (Determination), which addresses the question of whether, and how, a trust may be split.
![Owners Corporation 1 Plan No PS543073S and Ors v Eastrise Constructions Pty Ltd [2019] VCAT 1639](https://images.squarespace-cdn.com/content/v1/62940022bdc06b31c5ba0c30/1656478171246-GT50AEJSQPYQSSC7KP4I/Building+Construction.jpg)
Owners Corporation 1 Plan No PS543073S and Ors v Eastrise Constructions Pty Ltd [2019] VCAT 1639
In Owners Corporation 1 Plan No PS543073S & ors v Eastrise Constructions Pty Ltd [2019] VCAT 1639 (Eastrise), the Victorian Civil and Administrative Tribunal (VCAT) has handed down an important decision in the context of expiring actions against builders pursuant to the Building Act 1995 (Vic) (Building Act).
Harwood Andrews announces Principal Appointments
Harwood Andrews is delighted to announce that Paul Gray and Kate Morris have been promoted to Principal in their Geelong and Melbourne offices respectively.
Case update – Mann v Patterson Constructions
In October, the High Court handed down its judgment in the case of Peter Mann & Anor v Paterson Constructions Pty Ltd [2019] HCA 32 (Paterson), clarifying principles and providing constraints in respect of a claim on the basis of quantum meruit.
ALRC Review of Legal Structures for Social Enterprises
On 2 December, the Australian Law Reform Commission (ALRC) released its report. ‘The Future of Law Reform: A Suggested Program of Work 2020-25’. The report highlights five areas of law they suggest for ALRC inquiry over the next five years, with one such topic being the legal structure for social enterprises.
Australia’s FinTech Regulatory Sandbox Now Open – Introduction of new Bill puts measures in place to begin easing regulatory burden on FinTech start-ups.
On 15 October 2019, the Treasury Laws Amendment (2018 Measures No 2) Bill 2019 (Bill) passed the House of Representatives and has now been introduced to the Senate.