Victorian Court of Appeal exposes a possible loophole in unfair preference regime

The Court of Appeal has this week[1] exposed a possible loophole in the unfair preference regime by finding: To be an unfair preference the payment(s) must be received ‘from the company’ which claims the preference. To meet this criteria, the...
7 August, 2020

The ‘sophisticated investor’ rule needs to change

For the past 20 years, the Corporations Act has allowed investors who obtain a certificate from an accountant to be classified as a ‘sophisticated investor’. If you meet the test, then the issuer of the financial product does not need...
30 July, 2020

JobKeeper 2.0 – turnover test and payment changes

On 21 July 2020 the Prime Minister announced the extension of the JobKeeper program through to March 2021.  Importantly there are no changes to eligibility or payment levels for the period to the end of September 2020. Beyond that, a...
22 July, 2020

Coronavirus and the Law Resources Hub

Welcome COVID-19 has upended life for businesses across Australia and the world and we enter a period of uncertainty littered with unknowns. Yet in these uncertain times, one thing is certain. We’re here to help in any way we can....
18 July, 2020

Changes to FIRB thresholds – impact on commercial leases

Effective from the 29 March 2020, new measures have been introduced by the Federal Government to reduce the monetary threshold for foreign investments requiring Foreign Investment Review Board (FIRB) approval to $0. It is not well-known that the class of...
17 July, 2020

What the Federal Government can do to help companies restructure post September 2020 – and it doesn’t involve more stimulus packages

There has been much commentary on the financial cliff that the Australian economy will face once many of the current stimulus packages and insolvency relief is either removed or cut back. In March 2020, a number of temporary insolvency relief...
13 July, 2020

Employers can’t set off loading to stop casual employees “double dipping”

The Federal Court has confirmed that an employee engaged as a casual but where there existed a “firm advance commitment as to the duration of the employee’s employment or the days/hours the employee will work” is entitled to paid annual...
27 May, 2020

Tools down, or are they? Are Domestic Building Disputes ever really done?

Domestic Building disputes occur frequently in Victoria, as well as the rest of Australia, for many reasons whether it be due to alleged defective works or unnecessary delay. When settling such disputes, it is vital to ensure that your Terms...
20 May, 2020

Mandarin Guide: COVID-19 and commercial leases 疫情间,商业店租如何谈?澳大利亚对于商业租赁的临时法规

疫情下,很多生意都受到影响。在最近的一个月,我几乎每一天都在回答关于商业租赁的问题。问的最多的就是关于减租和提早结束租赁的问题。 The effects of COVID-19 are no doubt impacting many businesses and their profitability. In the past month, I have received enquiries on an almost daily basis regarding commercial and retail leases, particularly in relation to seeking rent relief and...
18 May, 2020