Articles

Alternative dispute resolution has proven to be popular in the commercial world, with two of the most common forms being mediation and arbitration. In this article, we will outline the key differences between mediation and arbitration.

On 22 June 2020, the Australian Government introduced new legislation to help combat illegal pheonixing activities, amending the Corporations Act 2010 and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 by introducing Director Identification Numbers.

Along with the increase in superannuation savings comes the issue of disputes arising between family members as to superannuation funds and how decisions are made regarding superannuation monies and its distribution as part of a deceased estate, as Binay Prasad explains.

If you’re buying or selling a business in Victoria you may have been asked about or heard the term ‘Section 52 Statement’. In this article we answer your questions: What is a Section 52 Statement?; Who prepares the Section 52 Statement?; When is a Section 52 Statement required?; What information does a Section 52 Statement contain?; and; What happens if it’s not provided or is false or inaccurate?

In response to the COVID-19 coronavirus pandemic, the Federal Parliament and Fair Work Commission have made a number of unprecedented, temporary changes to employment law, to help both employers and employees adjust to the present situation. These include giving employers greater flexibility to adjust employees’ work hours, duties and work location.

The Victorian State Government has on 15 April 2020 announced some more commercial tenancy relief measures to assist Landlords and Tenants in resolving a response to COVID-19. In line with implementing National Cabinet’s Mandatory Code of Conduct the Victorian government is encouraging Landlords and Tenants to resolve the economic impacts together and vary their Lease in a manner which works for each of them.

With effect from 3 April 2020, the National Cabinet has issued its principles intended to balance the interest of landlords and tenant in a lease involving SME tenants (being those tenants with a turnover below $50 million) (referred to as ‘the Code’). The basis of the Code remains for Landlords and Tenants to negotiate mutually acceptable arrangements that work through their particular circumstances.

The Coronavirus Pandemic (COVID-19) has caused a significant increase in stress and anxiety for many businesses across many sectors of the economy. We are finding that businesses are asking questions in two areas in particular: how to manage employees during these difficult times; and how to manage situations where you cannot complete contracts because of a breakdown in supply chains, or because your employees are unable to work.

Our Charity Law team looks at the External Conduct Standards that govern a registered charity’s operations outside Australia.

Employees covered by Modern Awards are now able to access five days of unpaid family and domestic violence leave each year, under amendments the Fair Work Commission has made to most Awards.

The Retail Leases Amendment Bill 2019, which will amend the Retail Leases Act 2003 has now passed through parliament and will be enacted into law in the coming months. The key changes resulting from the Retail Leases Amendment Bill include changes to Essential Safety Measures, Disclosure Statements, options to renew the Lease, among others.

A grant of representation made by a court outside of Victoria does not automatically carry the same authority to deal with assets situated in Victoria compared to a grant that is made in Victoria. However, the Administration and Probate Act 1958 (Vic) (‘Act’) provides for the acceptance of grants of representation made interstate and in specific overseas jurisdictions. This process is known as resealing.