Legal Insights
Five Long Service Leave FAQs for Victorian Employers
In Victoria, the Long Service Leave Act 2018 (Vic) (Act) sets out employee entitlements to long service leave. Victorian employees are entitled to take long service leave after a minimum of 7 years’ of continuous service with one employer.
The ATO’s Stance on Capital Gains, Discretionary Trusts and Foreign Residents
In the decisions of Greensill (Thawley J) and Martin (Steward J), the Federal Court found in favour of the Australian Taxation Office (ATO) that section 855-10 of the Income Tax Assessment Act 1997 (ITAA 1997) did not disregard a non-taxable Australian property capital gain distributed to a foreign beneficiary of an Australian discretionary trust.
Employee Share Schemes – Budget Changes Should Boost Participation
Attracting and retaining high performing employees can be key to ensuring the long-term success and growth of a business, which many Australian business have found challenging as a result of COVID-19.
Harwood Andrews Principal, Paul Gray named a finalist in the Lawyers Weekly Commercial Partner of the Year Awards 2021
Congratulations to Harwood Andrews Principal Paul Gray, being recognised amongst Australia’s top performing partners across the Commercial practice area within the Australian legal profession.
Victorian State Budget – What You Need To Know
The Victorian State Government last week released its 2021-2022 Budget. Although aimed at a broad cross-section of the State, the Budget’s revenue raising measures primarily targeted landowners, property developers and gender exclusive clubs.
How to approach business structures and restructures in 2021
COVID-19 has taught us to expect the unexpected. Australians are generally positive people with a ‘she’ll be right’ attitude to all aspects of life including in business. However, COVID-19 has caused many people to question that attitude and as a result many are now understanding the importance of planning for the worst-case scenario.
Are the major app stores abusing their power? ACCC report investigates
For some time, the Australian Competition and Consumer Commission (ACCC) has been carefully examining the impact of the dominant digital platforms on competition and Australian consumers. This culminated in the start of 5-year ‘digital platform services enquiry’.
2021 ACCC Priorities – Horticultural Code of Conduct
The Horticulture Code of Conduct is a mandatory industry code prescribed under the Competition and Consumer Act 2010, and we’re expecting increased enforcement activity from the Australian Competition and Consumer Commission (ACCC) in 2021 in line with ACCC’s continued concerns about the supply of perishable agriculture products and agricultural supply chain arrangements generally.
New Residential Tenancy laws in Victoria and Buyer Beware for Purchasing property subject to Lease
Due to the COVID-19 pandemic, residential landlords have been riding the wave of rent reduction, rent freezing, mortgage freezing as well as a hiatus on eviction notices (with a few exceptions). On top of this, the Victorian Government has set up a system of new rental rules and requirements.
Recent changes that apply to casual employees
On 26 March 2021, the Fair Work Act 2009 (FW Act) was amended to change workplace rights and obligations for casual employees. The changes were made by the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Amendment Act). These changes came into effect on 27 March 2021.
Insolvency Law Reform
On 1 January 2021, the Corporations Amendment (Corporate Insolvency Reforms) Act 2020 (Cth) (Amending Act) came into effect. The Amending Act is part of the government’s ongoing response to the economic impacts of COVID-19.
The Federal Circuit Court of Australia and Family Court of Australia Merger
On 1 March 2021 the Federal Circuit and Family Court of Australia Act 2021 and the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 was given Royal Assent.
2021 ACCC Priorities – Dairy Code
The Dairy Industry Code of Conduct (the Code) aims to improve the clarity and transparency of trading arrangements between dairy farmers and those buying their milk.
Subcontracting? – check your obligations
When we engage someone to perform a task, it is a common expectation that it will be that person or organisation who actually does the work. This is particularly the case for professional advice, consulting or areas of knowledge where the expertise of specific individuals is a key reason for entering into a contract for services.
Can my will be contested?
A will is a legal document that primarily deals with the distribution of your assets upon your death. It names the persons who are authorised to administer your estate (your executors) and sets out who receives your assets and in what proportions (your beneficiaries).
Harwood Andrews Planning & Environment ranked in Doyles Guide, Victoria 2021 across four categories
Harwood Andrews is delighted to have been identified by clients and peers for expertise and abilities in two areas for Victoria in the 2021 Doyles Guide. Doyle's Guide is a highly regarded independent annual peer review of the leading corporate law firms and lawyers in Victoria.
Selling your business? – understand the PPSR
Are you thinking of selling your business? It will be a typical requirement that all assets you are selling are provided to the buyer free of encumbrances.
Changes to the Planning and Environment Act 1987
A raft of changes to the Planning and Environment Act 1987 (Vic) were introduced this week, with the Planning and Environment Amendment Act 2021 (Vic) given Royal Assent on Tuesday 23 March 2021.
Can Employers Make The Covid-19 Vaccine Mandatory In The Workplace?
As it currently stands, employers cannot force their employees to be vaccinated against the coronavirus.
While the question of whether an employer can direct an employee to have the COVID-19 vaccine has not been answered by a court or tribunal, employers should consider these factors first before such a direction is given to employees.
Wind farm turbines not fixtures for land tax
The Supreme Court of Victoria has determined that wind farm infrastructure (such as wind turbines, towers and wind-monitoring buildings) were chattels, rather than fixtures.