Temporary Award variations in response to COVID-19 crisis for employers of clerical and hospitality employees

Over the past week, the Fair Work Commission has handed down decisions which allow employers of those covered by the Clerks – Private Sector Award 2010 (Clerical Award) and the Hospitality Industry (General) Award 2010 (Hospitality Award) greater flexibility during the COVID-19 crisis. Unless extended on further application, the variations to [...]

2020-03-31T11:28:34+10:00March 31st, 2020|

Special alert on employment issues concerning COVID-19

There is no doubt that the COVID-19 virus has brought with it great uncertainty for most businesses.  Not only are organisations struggling with how best to keep their employees safe at this time, the various steps that state and federal governments are now taking to slow down the spread of the [...]

2020-03-23T17:07:13+10:00March 23rd, 2020|

Contracts and COVID-19: does your force majeure clause cover it?

Many commercial contracts these days will contain a force majeure clause.  A force majeure clause operates to suspend an affected party's obligations under a contract if certain unforeseen and uncontrollable events occur (such as an act of god, war, civil commotion etc) that make it difficult or impossible for a party [...]

2020-03-16T09:40:03+10:00March 16th, 2020|

Government’s response to ACNC legislation review

Background In accordance with the requirements of the Australian Charities & Not-for-Profits Commission Act (Act), the Act was reviewed by a government appointed panel in early 2018. In May 2018 the review panel delivered its review to the responsible Minister and that review was tabled in the federal Parliament in August [...]

2020-03-16T09:34:51+10:00March 16th, 2020|

Parliamentary Committee reports on public submissions to Associations Incorporation Bill 2019 – no change

Background In our December 2019 bulletin we reported on the draft Associations Incorporation & Other Legislation Amendment Bill 2019 (AIA Reform Bill) which was introduced into the State Parliament in November 2019. A tight timeline for public submissions was specified.  There were 5 submissions, including a detailed submission prepared by the [...]

2020-03-16T09:14:54+10:00March 16th, 2020|

Non-profits caught in Electoral Bill

The Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019 (Qld) (Bill) was introduced into the Legislative Assembly on November 2019 and referred to a committee for examination. In February the Committee released its report which recommends that the Bill be passed, but its only other recommendation was [...]

2020-03-16T09:05:54+10:00March 16th, 2020|

Potential national reforms for Enduring Powers of Attorney

Background The Federal Attorney-General Department released a consultation regulation impact statement (RIS) a few days ago which considers options for reform to Enduring Powers of Attorney (EPOAs) on a national basis. The RIS considers options for streamlining access to information about EPOAs all with the intention of reducing uncertainty regarding whether [...]

2020-03-11T09:42:39+10:00March 10th, 2020|

When will the Court assist the family trust?

Application of Country Road Services Pty Ltd (in the matter of the Browne Family Trust) [2019] NSW SC779 The Trustee Act 1925 (NSW), similar to most Trust Acts in Australia, allows the trustee of a family trust to approach the Court for an order that the trustee has the necessary power to undertake [...]

2020-03-11T09:42:48+10:00March 10th, 2020|

Executors: seeking commission for your “pains and troubles”

Background Acting as the executor of a deceased estate can be time-consuming and onerous. In the majority of cases, the person appointed as executor is a family member (and often also a beneficiary of the estate) and is happy to take on the role without seeking any payment for their time [...]

2020-03-11T09:42:59+10:00March 10th, 2020|
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