Parliaments around Australia are passing new legislation to help the wheels of commerce turn during these difficult coronavirus times. Succession law has also had considerable difficulties in dealing with the quarantine and isolation restrictions when signing and witnessing wills and powers of attorney. A will needs 2 independent witnesses and a [...]
Introduction National Cabinet has published a code of conduct for leasing to apply during the period of the COVID-19 pandemic (defined by the period during which the Jobkeeper programme is operational) and a reasonable recovery period after the pandemic ends (referred to in this note as the 'moratorium period'). There is [...]
Introduction The Coronavirus Economic Response Package (Payments and Benefits) Rules (Rules) were released over the last weekend. These Rules set out the things that the Treasurer is permitted to do under the framework of the Coronavirus Economic Response Package legislation. Employer's entitlement The Rules determine which employees (defined as eligible employees [...]
We have recently provided updates on temporary variations made to some modern awards and the proposed introduction of additional measures such as pandemic leave and annual leave at half pay in response to the COVID-19 pandemic. As a further response, the Federal parliament has now passed the Coronavirus Economic Response Package [...]
In a recent decision of the Court of Appeal in Queensland, the Court has provided some much needed clarification around the undue influence presumption in section 87 of the Powers of Attorney Act (PoA). Under the PoA, any transaction between the principal named in an enduring power of attorney and the [...]
In the recent case of Nomchong -v- Vey-Cox the Court considered whether a life interest was forfeited when the life tenant (i.e. the beneficiary of the life interest) failed to comply with their obligation to repair and maintain the property. The will used reasonably common drafting in setting up a life interest and [...]
Asset protection generally All asset protection is a compromise between protecting assets and retaining control and enjoyment of those assets. Asset protection spectrum Complete control and enjoyment = no asset protection Example: you own the asset legally and beneficially, e.g. family home No control or enjoyment = excellent asset protection Example: asset owned [...]
On 1 April 2020, the Fair Work Commission (FWC) released a statement proposing to temporarily vary 103 Awards (on the Commission's initiative) to include an entitlement to unpaid "pandemic leave" and to include the flexibility for employees to take annual leave at half pay. Pandemic leave This measure is designed to [...]
On 15 April 2020, QUT is hosting a free webinar with our very own Paul Paxton-Hall and Prof Myles McGregor-Lowndes who will discuss the implications of the passing of the Associations Incorporation and Other Legislation Amendment Bill 2019 recently passed by the Queensland Parliament. The form will affect some 22,000 incorporated [...]
Background In recent years we have seen a number of mergers in the not-for-profit sector; particularly in the disability services area as organisations better align their strategy with NDIS funding implications in mind. Usually, a merger will involve one party (the transferring entity) transferring its assets and liabilities to the other [...]
