DSA Law welcomes new Special Counsel
DSA Law continues to invest in talent, paying attention to client needs by bringing in a new Special Counsel. “Thanks to our committed, and responsive team, we have continued to work closely with our clients to understand their priorities, and align our firm’s design and operation so that we can meet demand, in spite of COVID-19,” said Kimble Stynes. Mr Stynes welcomed...
WorkPac v Rossato: Are you a casual employee?
The Full Bench of the Federal Court, in the recent case of WorkPac Pty Ltd v Rossato FCAFC 84, confirmed its earlier decision in WorkPac Pty Ltd v Skene FCCA 3035, holding that, if a casual employee’s hours of work are regular and systematic, the employee is entitled to payment of permanent employee entitlements. However, this decision goes much further than the Skene decision, finding...
Can a builder make changes to a domestic building contract?
Any change to building plans are usually described as ‘variations’. In Victoria, the Domestic Building Contracts Act 1995 (Vic) sets out procedures that should be followed to allow a variation to any plan or specifications set out in, or attached to, a major domestic building contract. What is a major domestic building contract? Simply put, a contract for the carrying out of...
COVID-19: What are the safe harbour laws in Australia?
The Federal Coronavirus Economic Response Package Omnibus Act 2020 (Cth) (“Omnibus Act”) has introduced various measures designed to assist people and businesses in dealing with the consequences of the COVID-19 outbreak and social distancing measures put in place for our protection. One of the aims of the Omnibus Act is to prevent unnecessary insolvencies and assist businesses with...
Genuine Redundancy and the JobKeeper scheme in Australia
If an employee is made redundant, and that employee is dismissed as a result of the redundancy, the employee cannot sue their employer for unfair dismissal if the redundancy was a “genuine redundancy”. There are a number of reasons a job within a business may become redundant. This may include: a downturn in work (for example, there is not sufficient work to justify the position); or a...
What may happen to your assets after separation or divorce?
If you and your ex-partner cannot reach an agreement relating to the division of your property post separation, then you can apply to the court for financial orders. The court can award orders covering financial orders, orders relating to the division of property and payment of spouse or de factor partner maintenance. There is no set formula to divide property following a...
COVID-19: Tips to maintain positive cash flow in your business
The novel Coronavirus (COVID-19) has had a profound impact on the Australian economy and local Australian businesses. Even though we are wading through unprecedented times, businesses are still trading, and businesses need to generate cash flow in order to keep doing so. Our article explores how you may maintain cash flow by looking into approaches for debt recovery and preserving assets...
COVID-19: What are the “Stay at home” laws in Victoria?
As is the case nationwide, the Victorian government has directed all Victorians to stay at home where possible to limit the spread of the coronavirus (COVID-19). The laws that govern these restrictions in Victoria are contained within state legislation, chiefly the Public Health and Wellbeing Act 2008 (Vic) (the Act)and the accompanying Public Health and Wellbeing Regulations 2019 (the...
COVID-19 Omnibus Regulations 2020 and Leases in Victoria
Under section 15 of the COVID-19 Omnibus (Emergency Measures) Act 2020 (“the Act”), the Minister for Small Business in Victoria is empowered to pass regulations with respect to measures regarding eligible leases, leasing negotiations and rental reliefs in Victoria. The COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 (Vic) (“Omnibus...
COVID-19: What are the changes to insolvency laws in Australia
In late March 2020 the Government enacted the Coronavirus Economic Response Package Omnibus Act 2020 (the Act) to provide an economic response, and deal with matters relating to COVID-19. This article summarises some of the changes introduced by the Act relating to personal bankruptcy, corporate insolvency and directors’ duties relating to insolvent trading. Personal Bankruptcy The Act...
COVID-19: What are the changes to foreign investments in Australia?
Effective from 29 March 2020, the Federal Treasurer announced temporary changes to the foreign investment review framework and how foreign investments in Australia will be affected, in light of the COVID-19 pandemic. These measures have been supported by the Foreign Investment Review Board (FIRB), who are an advisory body to the Government in relation to foreign investment policy and act...