Practical implications of the Voluntary Assisted Dying Act on aged care providers

The Voluntary Assisted Dying Act 2017 (Vic) (‘the VAD Act’) becomes operational on 19 June 2019. The VAD Act creates a framework which enables Victorians who have a terminal illness and who meet strict eligibility criteria to legally request to end their life. The Victorian legislation designated an 18 month implementation period to give health […]

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New whistleblowing laws – are you ready?

The Australian corporate whistleblowing regime has recently been significantly amended by the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth), which was passed by the Federal parliament on 19 February 2019. That legislation comes into operation from 1 July 2019 and creates a large compliance burden for employers. To understand the legislation, new obligations […]

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Deeds of cross-guarantee as lease security – what a landlord needs to know

We have recently seen deeds of cross-guarantee being offered up by tenants looking to provide landlords with alternative forms of security to bank guarantees, as banks tighten up lending requirements, or parent company guarantees.   What is a cross-guarantee? Typically a deed of cross-guarantee is lodged by a parent company with ASIC in support of […]

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Stamp duty changes to hit residential developments in Victoria

The Victorian Government is proposing a sweeping reform of the “economic entitlement” provisions of the Victorian duties legislation. The result of the proposed changes would be to effectively bring to duty a common form of project funding and structuring used for residential developments in Victoria. Typically these transactions enable a residential developer to secure rights […]

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Pre-Nups – are they worth the effort?

Financial Agreements operate to oust the Court’s jurisdiction for separating couples. When should you consider a Financial Agreement? There are division of property, succession, estate planning, stamp duty and CGT issues to consider. Here is our high-level approaches to these factors. Click here to view the full size PDF

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If you have a website, read this: .au direct registration available soon

Second level .au domain names are expected to be available for registration from Q4 2019. Brand owners and current domain name registrants should all consider taking action to secure .au domain names, whether for direct use or for the purpose of preventing third parties from registering domain names that incorporate their brands. In this article, […]

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Release of liability clauses: how far can they go?

It is a well-established legal principle that a release clause in a settlement deed will only be effective to the extent it releases a party from liability in respect of matters that are in the contemplation of the parties at the time it is provided. Notwithstanding this, it is not uncommon to see release clauses […]

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Liquidators settling court proceedings: the importance of creditors’ wishes

As is illustrated by the recent Supreme Court of Victoria Court of Appeal decision in McDermott and Potts as liquidators of Lonnex Pty Ltd (in liquidation), creditors’ wishes are important when a liquidator is looking to settle court proceedings. Though liquidators should not act at the dictation of creditors, it is important to bear in […]

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Court endorses close oversight of conduct of liquidation by priority creditors including FEG and GEERS

In the matter of 1st Fleet Pty Ltd (in liquidation), the Commonwealth applied for orders that the liquidators of 10 companies in liquidation provide specific information and/or produce certain documents to the Commonwealth. This request related to the validity of the constitution of and certain steps taken by the Committee of Inspection and the reasonableness […]

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Legal snapshot: Australian capital raising exemptions

Companies seeking to raise capital in Australia through an offer of securities should familiarise themselves with the prospectus requirements and exemptions to those requirements in Chapter 6D of the Corporations Act 2001 (Cth) (the Corporations Act) before undertaking any fundraising activities. Generally, an offer of “securities” in Australia will require the preparation of a disclosure […]

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Judicial review – proper, genuine and realistic consideration

A recent Federal Court decision is a timely reminder that Ministers should not rely entirely on briefing notes before making decisions – and when the decision is defended, it is the Minister who is expected to give evidence. The Federal Court recently found that a Minister had failed to “consider any comments, information or documents” […]

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The Importance of Sticking to the Letter of the Agreement

Contracting by Government can be a minefield, with the usual commercial considerations overlaid by expectations on Government to contract in good faith, be model litigants in the event of a dispute and achieve an outcome that meets it obligations to the public. In traversing that minefield, it can be tempting to only superficially deal with […]

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