Legal Insights
Global Citizen in the AAT – a change in the interpretation of PBI?
The Administrative Appeals Tribunal (AAT) recently rejected the Australian Charities and Not-for-profits Commission’s (ACNC) decision to deny a charity known as Global Citizen Limited (Global Citizen) access to Public Benevolent Institution (PBI) status because its activities included advocacy.
Recalcitrant tenants take advantage of jurisdictional blackhole – watch this space.
As confirmed by the High Court’s decision in Burns v Corbett [2018] HCA 15, state tribunals, such as VCAT, do not have the jurisdiction to hear disputes between interstate parties.
The New Victorian Environment Protection Framework
On 1 July 2021, the Environment Protection Act 2017 (New Act) came into effect.
The new environment protection framework adopts a preventative, risk-based approach to preventing harm to human health and the environment. This is a shift away from the Former Act which adopted a prohibitive, reactionary approach whereby polluters were punished after committing an offence.
New COVID-19 Commercial Tenancy Relief Scheme
The Commercial Tenancy Relief Scheme Regulations 2021 (Regulations) were introduced by the Victorian Government on 24 August 2021 aimed at providing further rent relief for Commercial Tenants as a result of the ongoing COVID-19 pandemic. A copy of the Regulations can be found HERE.
What does separation or divorce mean for my estate planning?
The separation from a spouse (married or de-facto) is a critical time to review your Will, Enduring Power of Attorney and Appointment of Medical Treatment Decision Maker.
Pre-action requirements for the new family law court
On 1 September 2021, the Federal Circuit Court of Australia and the Family Court of Australia merged. They have joined to become the new Federal Circuit and Family Court of Australia (FCFCOA).
Digital piracy and the potential for new directors’ duties
The impacts of COVID-19 have sped up Australia’s transition to a digital economy and accelerated virtual means of conducting business.
Federal Government releases draft reforms to the unfair contract terms regime
The Federal Government has unveiled an exposure draft of the Treasury Laws Amendment (Measures for a later sitting) Bill 2021: Unfair contract term reforms (Exposure Draft) which seeks to amend the Australian Consumer Law (ACL) to improve the unfair contract terms (UCT) regime.
Harwood Andrews Annual Charity & Not-For-Profit Webinar 2021
Harwood Andrews hosted its annual Charity & Not-For-Profit webinar on Tuesday 7 September.
Harwood Andrews Wills And Estates Practice Ranked In Doyles Guide, Victoria 2021
Harwood Andrews is delighted to have been identified by clients and peers for expertise and abilities for Victoria in the 2021 Doyles Guide.
Employee Share Schemes – Another Report Supports Further Reform
Although Employee Share Schemes (ESSs) are appealing on the surface, they are undermined by complex legislation and confusion regarding upfront or deferred taxation.
Clarification regarding electronic execution and convening of company meetings
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.
Federal Court stresses the Importance of Trust Deed Interpretation
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.
Employers will celebrate landmark High Court decision on casual employment
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.
Social Media and the Connection to Family Law Proceedings
As family law practitioners we often see social media posts and screenshots used in evidence in family law disputes.
Insurance claims for COVID-19 business interruption: a win for businesses?
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.
Peak indebtedness rule abolished
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 Principal Appointments
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.
What to do when your employee leaves you for a competitor and you have a restraint of trade clause
A restraint clause is not enforceable just because an employee has signed an employment contract agreeing to it.
Tax expert, Rob Warnock, bolsters Harwood Andrews’ commercial practice
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.