Harwood Andrews is delighted to have been identified by clients and peers for expertise and abilities for Victoria in the 2021 Doyles Guide.

Although Employee Share Schemes (ESSs) are appealing on the surface, they are undermined by complex legislation and confusion regarding upfront or deferred taxation.

In welcome news for company directors, the Treasury Laws Amendment (2021 Measures No. 1) Bill 2021 (Amendment Bill) to temporarily permit electronic execution and convening of company meetings has finally been enacted.

A recent decision handed down by the Full Federal Court in Advanced Holdings Pty Limited as Trustee for the Demian Trust v FCT [2021] FCAFC 135 emphasises the important principles of trust deed interpretation and the limitations of statutory provisions concerning the evidentiary force of company records. The decision also serves as a valuable reminder for directors of small companies and corporate trustees to maintain good records.

On Wednesday 4 August the High Court upheld the appeal of labour-hire company, WorkPac, in a decision which will come as welcome news to employers.

The Court unanimously overturned the May 2020 decision of the Full Court of the Federal Court which had held that an employee of WorkPac, Robert Rossato, was entitled to paid leave entitlements and public holiday payments as a permanent employee of the company, despite being contracted as a casual worker.

As family law practitioners we often see social media posts and screenshots used in evidence in family law disputes.

It is undeniable that the COVID-19 pandemic has presented unique and challenging issues for Australian businesses, causing long-term disruption to business. Adding further complexity is that, historically, the insurance industry would not provide relief to businesses affected by a pandemic.

Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) [2021] FCAFC 64 (which judgment was delivered on 10 May 2021), abolished what is known as the “peak indebtedness rule”.

Harwood Andrews has started the 2021/22 financial year by announcing the appointment of Ali Erskine and Ben Broadhead as Principal. Both Ali and Ben are part of the firm’s dispute resolution practice.

A restraint clause is not enforceable just because an employee has signed an employment contract agreeing to it.

Harwood Andrews is pleased to announce that as of 1 July 2021, preeminent tax lawyer
Rob Warnock will join the Business Law Team in Geelong.

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.

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.

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.

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.

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.

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.

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’.

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.

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.