Amalgamations: What you need to know
An amalgamation of two registered clubs under the Registered Clubs Act is likely to be one of the most legally and commercially complex matters that a registered club will ever undertake. For that reason, it is important to understand what an amalgamation is, when an amalgamation might be appropriate and what’s involved. What is an
When can a third-party payment be an unfair preference?
The notion of unfair preferences is well-known to liquidators, accountants, lawyers and many in business (often from the unfortunate experience of receiving a demand from a liquidator for return of an unfair preference). The concept of an unfair preference is not controversial: an unsecured creditor that receives a payment from a debtor company whilst the
A brave new world for Australian family lawyers – amalgamation of the Federal Circuit and Family Courts of Australia
For those that do not routinely practice in Family Law, tomorrow marks the first day of operation of the new Court known as the Federal Circuit and Family Court of Australia, which replaces the Federal Circuit Court and Family Court of Australia. The new Court commences with a new Act, harmonised rules and Forms, Central
Virtual AGMs and related issues
The Corporations Act was recently amended to facilitate the use of technology to hold and give notice of annual general meetings, general meetings and directors’ meetings. The amendments: allow clubs to hold virtual meetings; ie. meetings whereby everyone participates using online technology; and make it easier for clubs to give notice of meetings to members
Changes to Casual Employment – Part II: Casual Conversion
Recent amendments to the Fair Work Act 2009 (Cth) have introduced new pathways for the conversion of casual employees to permanent employment. This articles examines the impact of these changes on employers and employees.
Changes to Casual Employment – Part 1: New Rules for Casual Employees
This is the first of our two-part series reviewing the significant industrial reforms affecting casual workers. In this article we outline: The new statutory definition of casual employees; The new protections against “double-dipping” when casuals are found to be permanent employees; and The new ‘Casual Employment Information Statement’, and we will explain how these significant
Employers: superannuation guarantee rate will increase from 1 July 2021
From 1 July 2021, the superannuation guarantee rate will increase from 9.5% to 10%. How employers manage this increase will depend on the existing arrangements they have in place with their employees.
To advise, or not to advise: financial agreements
Financial agreements made under the Family Law Act can be set aside on various grounds, including the provision of independent legal advice before entering into a binding financial agreement.
‘Three Strikes’ licensing is out: how the new ‘Demerit Point Scheme’ works
On 1 January 2021, Liquor and Gaming NSW's new 'Demerit and Incentives Point System' replaced the existing 'Violent Venues, Three Strikes and Minor Sanctions Scheme'. The new scheme adopts a fundamentally different approach, actively encouraging compliance through the use of both incentive and deterrent measures.
COVID-19 Update: Changes to development consent laws in NSW
2020 saw several significant amendments to rules regulating the lapsing and rejection of development consents in NSW. This article summarises some of these changes to statute and recent case law considering the amended legislation.
‘Til death do us part: a guide to family provision claims by de facto partners, spouses and former spouses
Spouses, de facto partners and former spouses are eligible persons who may bring a claim for further provision from the deceased's estate. The Court will balance a diverse range of factors when determining whether to make an order for provision and the extent of any further provision ordered.
Buyer Beware: Some of the risks of purchasing shares in a Company
When a purchaser looks to acquire a business, it usually faces a choice between acquiring all the assets of the business or acquiring the shares in the company that owns the business. Each approach has its own benefits and risks. This article focuses on the issues which arise for a purchaser when acquiring shares in