18 05, 2022

Director ID – The End of the Transition Period

  May 2022 | Natasha Thomas As of April 5 2022 ASIC requires all intending directors to apply for a director’s ID prior to their appointment. This step marks the end of the transitional period for the rollout of this new requirement, intended to increase corporate transparency and fairness. To learn more about what director ID’s are and your obligations read our article here. All intending directors or alternate-directors bear the onus of applying for a director ID through

23 02, 2022

Senate Permanently Allows for Electronic Signing, Witnessing, & Virtual Meetings

  February 2022 | Natasha Thomas COVID-19 has highlighted the contemporary need for law reform concerning the legal validity of electronic documents, and virtual company meetings. To learn more about how the law has adapted to COVID-19 see our article here. Responding to these changes and pressures, on 10 February 2022 the Senate passed the Corporations Amendments (Meetings and Documents) Bill 2021, its reforms permanently modernising corporation law. The reforms outlined in this legislation include: allowing companies to hold meetings

18 01, 2022

Companies – Virtual Meetings & Electronic Execution of Documents

  January 2022 | Natasha Thomas COVID-19 restrictions presented unique legal challenges for companies, including the ability to hold in-person meetings and validly execute documents. Responding to this, in 2020 the Australian Government amended the Corporations Act 2001 (Cth) to allow companies or registered schemes to employ virtual meeting technology. The changes to the law permitted companies or registered schemes to: hold virtual meetings; distribute meeting-related documents in electronic form; and execute documents electronically. With COVID-19 showing limited signs

7 12, 2021

Director’s ID – A New Requirement

  December 2021 | Natasha Thomas ASIC has introduced a new law requiring company directors to verify their identity through a director identification number (director ID). Directors will be issued with an ID by the Australian Business Registry Services (ABRS), which they retain for your whole lifetime even if you resign as a director, change names, move overseas. People who deal with a company are entitled to know the identity and certain details of the company’s directors. The scheme

7 10, 2021

The move to 100% e-conveyancing

October 2021 The move to 100% e-conveyancingThe NSW Government has introduced new changes to the land titles system that will take effect from 11 October 2021. These changes stem from the Real Property Amendment (Certificates of Title) Act 2021 and will abolish the use of Certificate of Title documents (CTs) and establish a new era of 100% e-conveyancing.What does this mean?The Registrar General has published a summary of changes for landowners, namely:those who pay off their mortgage will no longer receive

15 04, 2021

Can employers require employees to become vaccinated against COVID-19?

April 2021 | Scott Freidman  The vaccines developed in response to the COVID-19 pandemic are showing signs of promise in addressing the health implications of the virus. However, they also raise issues of uncertainty for Australian workplaces focusing upon their health and safety obligations. In particular, two questions arise: in the absence of legislated directions requiring them, when can employers make COVID-19 vaccinations mandatory for their employees; and what options are available to an employer if an employee refuses

25 03, 2021

Electronic Execution Under the Corporations Act Suspended

March 2021 | Nicola Sharp Electronic execution under the Corporations Act suspended The temporary COVID-19 relief measures imposed by the Federal Government expired on 21 March 2021. The Corporations (Coronavirus Economic Response Determination (No 3) 2020 (Cth) (Determination) enabled businesses to electronically execute documents through changes on the operation of provisions in the Corporations Act 2001. Despite belief that the measures would be further extended through the passing of the Treasury Laws Amendment (2021 Measures No.1) Bill 2021, parliament

19 02, 2021

Changes to Director Resignation Laws

February 2021 | Scott Freidman  The Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) have introduced new provisions regarding director resignations effective as of 18th February 2021. These amendments further protect creditors and employees from directors engaging in illegal phoenix activities and backdating resignation dates. Illegal phoenix activity is when directors transfer company assets to another company for less than market value in attempt to avoid paying off debt and creditor entitlements when a company is liquidated or

27 01, 2021

Have You Done This for Your Will?

January 2021 | Jonathan Harris Creating your Will shouldn’t be a stressful task we are here to help. This article provides guidance on how to avoid commonly made mistakes when planning for you and your loved ones futures. Plan! The biggest mistake you could make is not to plan. To ensure your assets are passed onto the intended beneficiaries, it is important that you create a valid Will. Seek legal advice Seeking legal advice when creating your Will can

10 07, 2020

Employers Beware! Rossato Judgment a Win-Win for Employees

July 2020 | Jonathan Harris The Full Court of the Federal Court in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato) has again confirmed that a ‘casual’ employee who works systematic and regular hours is entitled to the same paid leave entitlements as permanent employees. Facts Between 28 July 2014 and 9 April 2018 Mr. Rossato was a mine-worker employed by recruitment agency WorkPac for companies within the Glencore Group. Between these dates Mr. Rossato was employed under

17 04, 2020

Let’s Talk About the Spanish Flu

April 2020 | Scott Freidman The Spanish flu lasted from January 1918 to December 1920. 500 million people were infected and the death toll is estimated to have been anywhere from 17 million to 100 million. Australia was not immune and it is believed to have been carried to our shores through returning WWI soldiers. Australia lost about 15,000 people.  How did the NSW government respond to the Spanish flu pandemic? In fact, very quickly! In November of 1918

15 04, 2020

When Was the Last Time Australia Enacted Moratorium Legislation? 

April 2020 | Scott Freidman Moratorium legislation is typically enacted in periods of civil unrest e.g. wars and recession. However, moratorium legislation can also be effective during periods of pandemic chaos. The word ‘moratorium’ is defined as “a temporary prohibition of an activity”. In a legal context, ‘moratorium legislation’ effects a temporary suspension of certain laws until such time as the suspension becomes unnecessary or issues related to the suspension have been resolved. The Federal Government has announced a