Legal Insights
Government Announces details of COVID-19 mandatory commercial leasing Code
Over the last few weeks, landlords, tenants and their lawyers have been awaiting guidelines from the Government to assist in their lease negotiations. While further legislation is required from each of the States, the Prime Minister released the National Cabinet Mandatory Code of Conduct SME Commercial Leasing Principles During COVID-19 (Code) on 7 April 2020.
Cancelled contracts and COVID-19: ACCC Guidance
On 18 March 2020, the Australian Competition and Consumer Commission (ACCC) released guidance on their expectations regarding contracts that are cancelled as a result of COVID-19 restrictions and lockdowns.
The contract cancellations discussed in this article are those that relate to travel, events, gym memberships and food delivery services.
Cancelled weddings and COVID-19
On 18 March 2020, the Australian Competition and Consumer Commission (ACCC) released guidance on their expectations regarding weddings that are cancelled as a result of COVID-19 restrictions and lockdowns.
First and foremost, the ACCC “expect” businesses to treat consumers “fairly” in connection with cancellation or refund requests resulting from COVID-19 restrictions.
COVID-19 – changes to foreign investment review regime
On 29 March 2020 the Federal Government announced changes to the foreign investment review regime as Australia continues to deal with the economic implications of COVID-19.
Once the legislation is passed, effective from 29 March 2020, all proposed foreign investment into Australia subject to the Foreign Acquisitions and Takeovers Act 1975 will require approval.
Hold on to your trustee duties – Court of Appeal clarifies dutiable transfer exemption requirements
A recent Court of Appeal (Court) decision has clarified the application of section 35(1)(a) of the Duties Act 2000 (Vic). This section provides an exemption from transfer duty that applies when property is transferred to a trustee to be held solely as trustee of the transferor without any change in the beneficial ownership of the property.
Superannuation and COVID-19: Early access to super benefits
The Government will allow members to access $10,000 of their super benefits in the 2019/20 year and a further $10,000 from 1 July 2020 until 24 September 2020 in the 2020/21 year.
Superannuation and COVID-19: Reduction in minimum payments for super pensions
The Government has reduced the minimum annual payment required for account-based pensions and annuities, allocated pensions and annuities and market-linked pensions and annuities by 50% in the 2019/20 and the 2020/21 financial years.
Superannuation and COVID-19: Relaxation of the in-house asset 5% test
The ATO has also confirmed that it will take no compliance action if the 5% in house asset limit is exceeded as at 30 June 2020.
Superannuation and COVID-19: SMSFs can reduce rent payable to related tenants
The ATO has confirmed that it will not take compliance action against SMSFs that give a related party tenant a temporary reduction in rent during the 2019/20 and 2020/21 years.
COVID-19: ‘JobKeeper’ support payment
On 30 March 2020 the Federal Government announced further COVID-19 business support in the form of the JobKeeper Payment, which is intended to keep individuals connected with their employer and talks to the ‘hibernation’ of businesses already mentioned by the Prime Minister.
Under the JobKeeper Payment, businesses significantly affected by Coronavirus outbreak will be able to access a $1,500 support payment per employee per fortnight for up to 6 months from the Government to continue paying their employees.
Government and ATO COVID-19 Support Packages Summarised
Both Federal, State and Territory Governments and the Australian Taxation Office (ATO) have adopted measures to assist taxpayers and businesses through the current COVID-19 crisis. We have prepared a summary of the support packages.
Further update from Harwood Andrews regarding COVID-19
The COVID-19 pandemic continues to have far reaching impact on our clients, referrers and staff, their families and communities. We remain committed to helping ensure the health and safety of all people in our broader networks.
What is the legal basis of COVID-19 restrictions?
A state of emergency was declared in Victoria from 16 March 2020 until midnight on 13 April in order to combat the COVID-19 threat.
Holding Annual General Meetings (AGMs) during COVID-19 restrictions
On the weekend ASIC released guidelines for upcoming AGM requirements as companies are impacted by social distancing requirements in response to COVID-19.
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.