Creditor’s statutory demands and the Court-ordered winding up process
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
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.
Family Law Property Settlements: what non-family lawyers should know about Consent Orders
“We already have an agreement. I just need you to draft some Orders. By the way, I’ve put a deposit on a new place” For those who regularly deal with family law clients, this scenario is common. It can however cause problems that may be difficult to resolve, especially if there is a need for
Key issues relating to the vaccination of employees in clubs
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
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
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.