Insolvency industry bears brunt of COVID-19 concessions

A survey conducted by ARITA, Australia’s peak body for insolvency and restructuring experts, has revealed the substantial impact the Government’s response to COVID-19 has had on the industry. As outlined in a previous update, the Government has introduced a series of temporary measures in response to the pandemic, including; increasing the minimum amount for a […]

Legislators simplify will-making process in the wake of COVID-19

Last week the Queensland Government passed legislation in an effort to allow wills and enduring power of attorney’s to be witnessed via video conference. Pursuant to regulation 9 of the COVID-19 Emergency Response Bill 2020 (Qld), the Government is entitled to make regulations where an Act permits or requires the signing or witnessing of a […]

COVID-19: FWC approves reduction in redundancy pay

The Fair Work Commission (FWC) has approved the first application for a reduction in redundancy pay during the COVID-19 pandemic. Employers may apply to the FWC to vary redundancy pay under section 120 of the Fair Work Act 2009. The section allows an application to be made where the employer either (a) obtains other employment […]

Fair Work decision signals warning for COVID-19 redundancies

In a previous update we noted that while Covid-19 has created a unique situation, standard employment law procedures still apply and must be followed. A recent case in the Fair Work Commission (FWC) demonstrates the risks resulting from a failure to follow the appropriate procedures. In Australian Municipal, Administrative, Clerical and Services Union v Auscript […]

High Court clarifies definition of ‘officer’ under Corporations Act

In Australian Securities and Investments Commission v King [2020] HCA 4, the High Court of Australia recently examined the scope of the definition of the term “officer of a corporation” in section 9 of the Corporations Act 2001 (Cth). The Court unanimously held that there is no requirement that a person be a named officer […]

Does an employee owe a fiduciary duty for credit limit increases?

Employees owe certain fiduciary duties to their employers. Generally, this means an employee cannot do either of the following things: Make or pursue a personal gain in circumstances in which there is a real and substantial possibility of a conflict of interest arising between the personal interests of the employee and the interests of the […]

Employment Law and Covid-19

Due to the rapidly evolving situation involving the novel Covid-19 disease (Coronavirus) many workplaces and individuals are implementing and taking precautions to minimise the risk of infection. One such precaution is a period of self-isolation when an individual has come into contact with an infected person. Isolation may also be necessary when a partner or […]

COVID-19: Unprecedented Times, Desperate Measures

The coronavirus pandemic has caused governments across the world to take measures that impact the movement of people rarely, if ever, seen in peacetime before. Understandably, this has adversely affected businesses and created a host of employment law issues in every country. When the first case of coronavirus – or COVID-19 – was reported in […]

Corporate Law and COVID-19

Treasurer Josh Frydenburg has announced a series of potential temporary economic measures in response to the fluid COVID-19 situation. This temporary package has implications for bankruptcy, insolvency and corporate law. We have summarised the proposed measures below. Bankruptcy changes Increase in the minimum debt threshold for a creditor-initiated bankruptcy procedure from $5000 – $20,000; The […]