COVID-19 | Executing Documents Electronically and Serving under the Security of Payment Act
The Australian construction and property industry is experiencing unprecedented uncertainty in respect of COVID-19. Practical challenges arise in relation to executing, lodging and serving documents by traditional means. Executing and lodging formal documents electronically The Australian states and territories have dealt with electronic signature and electronic lodgement differently. A summary of the electronic signing of […]
ReadmoreCOVID-19 | Banking & Finance Update – Part 2
The COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic) (COVID-19 Act), which commenced on 25 April 2020, has introduced temporary amendments to the Residential Tenancies Act 1997 (Vic) (RT Act). These amendments came into effect on 29 March 2020 and will continue 6 months after the commencement of the COVID-19 Act. Part of the amendments have […]
ReadmoreOff the plan sales and changes to the property
Can the purchaser of an apartment off the plan terminate the contract because the carspace allocated to the lot contained a PWD symbol? Perhaps surprisingly the issue was recently considered by the Supreme Court of New South Wales[1]. The decision provides a useful reminder of the principles which apply to variations between contract and settlement. […]
ReadmoreReal estate agent email hacked but buyer pays the price
If you have bought or sold a property recently, you probably received a warning about relying on emails directing you to pay money to a particular bank account without first checking with the sender that the email has not been altered. Given the amount of money involved, real estate transactions are a prime target for […]
ReadmoreCOVID-19 | Update: Changes to foreign investment framework and implications for the commercial leasing sector
Further to our previous article regarding changes to the foreign investment framework and the implications for the commercial leasing sector, on 24 April 2020 the Foreign Investment Review Board (FIRB) released a guidance note which, among other things, provides clarification as to the effect of the temporary measures which result from the Foreign Acquisitions and […]
ReadmoreCOVID-19 | COVIDSafe update: legislation and source code
The Commonwealth Parliament has now passed legislation to regulate the collection and use of COVID app data. In addition, the Commonwealth Digital Transformation Agency has now released the source code for the app, which has allowed independent analysis of how the app operates. This update discusses the legislation and the commentary in relation to the […]
ReadmoreCOVID-19 | Webinar | Stories from the Employer Frontline
Employers are facing significant challenges in managing their workforces through the constantly changing risk, economic and regulatory environment presenting as a result of the global COVID-19 pandemic. During this webinar (hosted on Thursday 14 May), our panel discussed in depth the nitty gritty of some complex real life examples playing out for employers and most […]
ReadmoreCOVID-19 | Emergency Measures in Victoria – Electronic execution of deeds and mortgages, and remote witnessing
On 24 April 2020, the Victorian Government’s COVID-19 Omnibus (Emergency Measures) Act 2020 received Royal Assent. That Act made sweeping changes in various areas, on a temporary basis, to address many practical issues being faced due to the various restrictions in force to seek to minimise the spread of COVID-19. That Act permitted the Governor […]
ReadmoreSale of unsecured debt: New industry guideline
On 1 March 2020, the Australian Banking Association (ABA) introduced a voluntary industry guideline concerning the sale of unsecured debt (the Guideline). The Guideline complements certain provisions of the Banking Code of Practice and it outlines additional safeguards for customers when a bank sells unsecured debt to another party. Click here to download the full […]
ReadmoreCOVID-19 | Hindsight is 20/20: Reviewing telehealth privacy controls post-implementation
In the current COVID-19 pandemic environment, telehealth services have shifted from a ‘nice to have’ to a ‘must have’ for health service providers and patients. Within a few weeks, health services have seen the rapid implementation of telehealth platforms, including the move to cloud-based services to facilitate remote working arrangements. Now that these platforms and […]
ReadmoreCOVID-19 | Myths and legends behind COVIDSafe
By now, we are sure you have read countless articles and have heard varying opinions on the Federal Government’s new COVIDSafe app and you may still be struggling to decide whether or not to take the plunge and download it. On Monday, the Federal Government released draft legislation regarding the COVIDSafe app in an attempt […]
ReadmoreCOVID-19 | Electronic signing and virtual meetings: New temporary relief for companies a significant step on a longer journey
In a significant development for companies, the Treasurer has utilised his new power to modify the Corporations Act 2001, the Corporations Regulations 2001, the Insolvency Practice rules, and the Passport Rules so that, for a period of six months effective from 6 May 2020: entities can hold virtual meetings without the need for a physical location; […]
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