The Corporations Amendment (Corporate Insolvency Reforms) Act 2020 (the New Regime) which commenced on 1 January 2021 provides a new regime for formal restructuring and simplified liquidations for eligible companies. The New Regime, in conjunction with the amendments to the Corporations Regulations (Regulations) and Insolvency...
The Design and Building Practitioners Act 2020 (‘the Act’) introduces wide ranging regulatory changes to the building industry. Part 2 of the Act, which will come into effect on 1 July 2021, requires design practitioners and building practitioners to make compliance declarations to the effect that...
The Trees (Disputes Between Neighbours) Act 2006 (NSW) (‘the Act’) was introduced in 2006.The Hansard Second Reading Speech describes its purpose as to provide a simple, inexpensive, and accessible process to resolve disputes between neighbours regarding trees. Part 2 of the Act provides for trees...
The roles and responsibilities of directors of companies are heavily regulated and the conduct of directors is often subject to scrutiny. In cases of poor corporate governance, discrepancies on ASIC records and the failure to provide correct and accurate information of directors can often make...
Introduction The Federal Court has ordered Telstra Corporation Limited (Telstra) to give discovery of documents relating to the identity of registered Telstra account holders for specified IP addresses. Those account holders are believed to have infringed the copyright in Siemens NX software and the Solid Edge...
The recent decision of BP Refinery (Kwinana) Pty Ltd v Tracey [2020] FCAFC 89 (‘Full Federal Court Decision’) sheds considerable light on the circumstances in which an employee could be lawfully terminated for breach of employer’s policies on matters that do not directly affect work performance, and also suggests an...
Many, if not most, types of renovations undertaken to strata titled property require some form of approval from the Owners Corporation. Set out below are the categories of renovations together with details of how the approval process for each category of renovations should be managed...
On 24 April 2020, the Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW) (‘the Regulations’) was enacted to give binding effect to the leasing principles set out in the National Cabinet Mandatory Code of Conduct – SME Commercial Leasing Principles During COVID-19 (‘the National...
The Duties Act 1997 (‘the Act’) provides that stamp duty is payable on the acquisition of an interest in a Landholder. Landholder duty is a scheme that was initiated to impose stamp duty on acquisitions in landholding entities. Before being introduced as the landholder regime,...
Summary The National Cabinet Mandatory Code of Conduct – SME Commercial Leasing Principles has been endorsed in New South Wales through the Retail and Other Commercial Leases (COVID-19) Regulation 2020. Its purpose is to impose good faith leasing principles for commercial tenancies and applies to those...