Recent changes to the Registered Clubs Act and the Corporations Act

By Bruce Gotterson

INTRODUCTION Several key amendments to the Registered Clubs Act (“the Clubs Act”) came into effect on 1 December 2021. Registered clubs also need to be aware of the amendments to the Corporations Act which came into effect on 1 April 2022. What follows is a summary of some of the proposed amendments to the Corporations

Creditor’s statutory demands and the Court-ordered winding up process

By Daniel Fleming

What happens if you are owed money by a company which is refusing to pay? Whether you are owed money by a company for an overdue invoice for goods or services you supplied to the company; or from money you lent to the company, provided that the debt is due and payable and is at

Director Identification Numbers

By Bruce Gotterson

There have been a number of transitional provisions in relation to when directors, and potential directors, would have to apply for a Director ID. The Australian Business Registry Services have now recently announced the final timetable for application.

Key issues relating to the vaccination of employees in clubs

By Ray Travers

There are a range of issues surrounding COVID-19 vaccinations and how they will affect club operations. Those issues broadly concern two groups: - employees and those using the Club's premises. This article addresses a range of those issues and offers guidance to Clubs, employees, members and guests.

Electronic Lodgement of Land Dealings in NSW: the end of the road for paper in conveyancing

By Mark Fitzpatrick

11 October 2021 marks the date of two significant changes to the land title system in NSW: Certificates of Title will cease to be legal documents. The Registrar General will no longer issue Certificates of Title and they will no longer be used when dealing with land in NSW; and Paper dealings will no longer

Amalgamations: What you need to know

By Bruce Gotterson

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?

By Eleni Bastoulis

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

Virtual AGMs and related issues

By Bruce Gotterson

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

By John Pegg

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

By John Pegg

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

By John Pegg

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.

‘Three Strikes’ licensing is out: how the new ‘Demerit Point Scheme’ works

By Julian Hawkins

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.