How Coronavirus (COVID-19) affects Defaults and Statutory Demands?
With the unprecedented upheaval following the spread of Coronavirus (COVID-19), more and more businesses are temporarily closing their doors and/or having their staff work remotely off site to mitigate the spread of the virus. Whilst the Coronavirus (COVID-19) has already caused considerable disruption, this now presents a further risk – that of companies unknowingly facing default...
Do I need a Labour Hire Licence in Victoria?
From 30 October 2019, only licensed labour hire providers may supply the provision of labour hire services. This came about through a new legislation called Labour Hire Licensing Act 2018 (Vic) (“Act”), which was designed to: protect workers from being exploited from providers of labour hire services; and improve the transparency and integrity of the labour hire industry. In...
What is a Deed of Company Arrangement?
A voluntary administration most often involves the director(s) proposing a Deed of Company Arrangement to creditors. This happens when an administrator convenes a meeting, in which one of the three courses of action noted below is adopted: that the company executes a Deed of Company Arrangement; that the administration should end; or that the company be wound up. If it is...
What is an Owners Corporation Special General Meeting?
There may be numerous occasions when it may be appropriate to call a Special General Meeting of an Owners Corporation to attend to urgent business. This may include: urgent repairs that have not been budgeted forsecurity issuesproblems with the management of the property anddisputes with other members of the Owners Corporation These kinds of meetings may fail because: the meeting...
What is a Family Violence Intervention Order?
In recent years, the Victorian judicial system has increased protection for those who fear for their safety in a domestic setting. One such protection that is in place for victims of violence is a Family Violence Intervention Order, which is commonly known as an IVO. IVO’s are imposed by the court to protect a person from violence that is inflicted on them specifically by a family member....
Is my Worker, an Employee or an Independent Contractor?
A large expense for most businesses is often its staff. When operating a business, the question that should also be asked is, “are my workers, employees or independent contractors”? If a worker is an employee, then the Fair Work Act 2009 (Cth) (“FWA”) provides statutory rights to protect employees. This means that there are legal requirements that must be met by the employer. For...
What is Voluntary Administration?
Voluntary Administration is an insolvency process available to assist a company which is in financial distress. It generally involves the director(s) of the company appointing an independent insolvency practitioner (the Administrator) to take immediate control of the company, conduct a full investigation of its financial affairs, determine if the company is solvent and if so, whether...
What is a Section 32 Vendor’s Statement?
What is a Section 32 statement? “Section 32” is a common term used today. You hear it often used in real estate transactions. It is sometimes also referred to as a Vendor or Vendor’s Statement. But what exactly is a Section 32? Where does it come from? And why is it so important? If you are thinking about buying a house, you will notice, for the most part, a contract for sale of land...
Do my employees need a written agreement?
If you are an employer, having a written employment agreement in place between you and your employees is important to ensure that the legal obligations between you and your employees are clearly set out. For example, an employment agreement should include, at a minimum, the following: The SalaryThe Hours of WorkThe Commencement Date The Location (where an employee is required to work...
Are you a Subcontractor or Builder?
There are pitfalls that tradies working in the domestic building industry may fall into when dealing with the Domestic Building Contracts Act 1995 (Vic) (“Act”). They may sometimes get themselves strung up without knowing that they have when involved in doing renovation jobs and building gigs. What does the law say? Well, the Act says many things. However, we think that this part of...
What is a Restraint of Trade?
Very broadly, restraint of trade is a term that encapsulates any clauses in any contract that prevents one party to the contract from engaging in certain conduct that the other party considers to be in competition. Such clauses may also be referred to as restrictive covenants. It is common to find a restraint of trade clause in partnership agreements, contracts for the sale of a business,...