Legal Insights
Introducing Bruce Law
Harwood Andrews is pleased to announce the transition of its Albury practice to Bruce Law on 30 September 2020.
Charity & Not-for-Profit Webinar
Harwood Andrews was very pleased to host the Commissioner of the Australian Charities and Not-for-Profit Commission (ACNC), The Hon Dr. Gary Johns as our keynote speaker for our Charity & Not-for-Profit event, this year held as a live webinar.
High Court decides the meaning of “day” for personal/carer’s leave
In a significant victory for Australian employers, Cadbury manufacturer Mondelez Australia Pty Ltd and Federal IR Minister Christian Porter have won their High Court challenge to previous rulings about the meaning of the word “day” in the context of the Fair Work Act entitlement to personal/carer’s leave.
What is a false and misleading claim? ACCC’s appeal on “flushable” wipes
The case of ACCC v Kimberly-Clark Australia Pty Ltd [2020] FCAFC 107 (ACCC v Kimberly-Clark) is a reminder that companies must be aware of their obligations under the Australian Consumer Law (ACL) when making claims about their products.
Sony ordered to pay $3.5 million for misrepresenting consumer rights
The Australian Competition and Consumer Commission (ACCC) has continued its rampage on the online marketplace industry in ACCC v Sony Interactive Entertainment Network Europe Ltd [2020] FCA 787, as it continues to vigilantly protect Australian consumers that purchase items online.
Permanent Director Identification Numbers
For some time, the Government has been concerned about Australia’s inability to deal with phoenix activity, which creates an unfair advantage for companies which engage in wrongful activity and costs the economy billions of dollars each year.
COVID-19 Company Admin Update
Further to our article here where we wrote about the Australian Securities and Investments Commission’s (ASIC) guidance regarding annual general meetings and the COVID-19 pandemic, the Treasurer has released the Corporations (Coronavirus Economic Response) Determination (No 1) 2020 (Cth) (Determination), which commences on 6 May 2020 and will be automatically repealed on 5 September 2020.
ASIC v King – Are you an “officer” of a company?
In this case, the High Court reiterated that a person can be deemed to be an “officer” of a company even if that person does not hold a position as a named ‘Director’ or ‘Secretary’.
COVID-19 charity support
On 6 May 2020, the government announced here that they will incentivise charities to provide increased support in response to the COVID-19 situation, after studies revealed that the effects of COVID-19 had already seen a decrease in charitable giving, which was only likely to further decrease in 2021.
Farmers – Keep those records!
The case of Annat v Commissioner of State Revenue [2020] VSC 108 (Annat) serves as a timely reminder for those operating a farm about difficulties faced by farming land owners in continuing to qualify for a primary production land tax exemption and the importance of ensuring that their structuring and record keeping practices are up to scratch.
Parenting arrangements and a Pandemic
The parenting arrangements for children of separated parents can be difficult to navigate at the best of times. So, what happens when a global pandemic is also a factor in these parenting arrangements?
Whilst there is no specific family law legislation to cover the current covid-19 crisis, if there are Family Law Orders in place with respect to your parenting arrangements, you must seek to comply with those Orders.
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.