New COVID-19 Commercial Tenancy Relief Scheme
The Commercial Tenancy Relief Scheme Regulations 2021 (Regulations) were introduced by the Victorian Government on 24 August 2021 aimed at providing further rent relief for Commercial Tenants as a result of the ongoing COVID-19 pandemic. A copy of the Regulations can be found HERE.
Insurance claims for COVID-19 business interruption: a win for businesses?
It is undeniable that the COVID-19 pandemic has presented unique and challenging issues for Australian businesses, causing long-term disruption to business. Adding further complexity is that, historically, the insurance industry would not provide relief to businesses affected by a pandemic.
Can Employers Make The Covid-19 Vaccine Mandatory In The Workplace?
As it currently stands, employers cannot force their employees to be vaccinated against the coronavirus.
While the question of whether an employer can direct an employee to have the COVID-19 vaccine has not been answered by a court or tribunal, employers should consider these factors first before such a direction is given to employees.
COVID-19 Company Admin Update
Further to our article here where we wrote about the Australian Securities and Investments Commission’s (ASIC) guidance regarding annual general meetings and the COVID-19 pandemic, the Treasurer has released the Corporations (Coronavirus Economic Response) Determination (No 1) 2020 (Cth) (Determination), which commences on 6 May 2020 and will be automatically repealed on 5 September 2020.
COVID-19 charity support
On 6 May 2020, the government announced here that they will incentivise charities to provide increased support in response to the COVID-19 situation, after studies revealed that the effects of COVID-19 had already seen a decrease in charitable giving, which was only likely to further decrease in 2021.
Parenting arrangements and a Pandemic
The parenting arrangements for children of separated parents can be difficult to navigate at the best of times. So, what happens when a global pandemic is also a factor in these parenting arrangements?
Whilst there is no specific family law legislation to cover the current covid-19 crisis, if there are Family Law Orders in place with respect to your parenting arrangements, you must seek to comply with those Orders.
Government Announces details of COVID-19 mandatory commercial leasing Code
Over the last few weeks, landlords, tenants and their lawyers have been awaiting guidelines from the Government to assist in their lease negotiations. While further legislation is required from each of the States, the Prime Minister released the National Cabinet Mandatory Code of Conduct SME Commercial Leasing Principles During COVID-19 (Code) on 7 April 2020.
Cancelled contracts and COVID-19: ACCC Guidance
On 18 March 2020, the Australian Competition and Consumer Commission (ACCC) released guidance on their expectations regarding contracts that are cancelled as a result of COVID-19 restrictions and lockdowns.
The contract cancellations discussed in this article are those that relate to travel, events, gym memberships and food delivery services.
Cancelled weddings and COVID-19
On 18 March 2020, the Australian Competition and Consumer Commission (ACCC) released guidance on their expectations regarding weddings that are cancelled as a result of COVID-19 restrictions and lockdowns.
First and foremost, the ACCC “expect” businesses to treat consumers “fairly” in connection with cancellation or refund requests resulting from COVID-19 restrictions.
COVID-19 – changes to foreign investment review regime
On 29 March 2020 the Federal Government announced changes to the foreign investment review regime as Australia continues to deal with the economic implications of COVID-19.
Once the legislation is passed, effective from 29 March 2020, all proposed foreign investment into Australia subject to the Foreign Acquisitions and Takeovers Act 1975 will require approval.
Superannuation and COVID-19: Early access to super benefits
The Government will allow members to access $10,000 of their super benefits in the 2019/20 year and a further $10,000 from 1 July 2020 until 24 September 2020 in the 2020/21 year.
Superannuation and COVID-19: Relaxation of the in-house asset 5% test
The ATO has also confirmed that it will take no compliance action if the 5% in house asset limit is exceeded as at 30 June 2020.
Superannuation and COVID-19: SMSFs can reduce rent payable to related tenants
The ATO has confirmed that it will not take compliance action against SMSFs that give a related party tenant a temporary reduction in rent during the 2019/20 and 2020/21 years.
COVID-19: ‘JobKeeper’ support payment
On 30 March 2020 the Federal Government announced further COVID-19 business support in the form of the JobKeeper Payment, which is intended to keep individuals connected with their employer and talks to the ‘hibernation’ of businesses already mentioned by the Prime Minister.
Under the JobKeeper Payment, businesses significantly affected by Coronavirus outbreak will be able to access a $1,500 support payment per employee per fortnight for up to 6 months from the Government to continue paying their employees.
Government and ATO COVID-19 Support Packages Summarised
Both Federal, State and Territory Governments and the Australian Taxation Office (ATO) have adopted measures to assist taxpayers and businesses through the current COVID-19 crisis. We have prepared a summary of the support packages.
Further update from Harwood Andrews regarding COVID-19
The COVID-19 pandemic continues to have far reaching impact on our clients, referrers and staff, their families and communities. We remain committed to helping ensure the health and safety of all people in our broader networks.
What is the legal basis of COVID-19 restrictions?
A state of emergency was declared in Victoria from 16 March 2020 until midnight on 13 April in order to combat the COVID-19 threat.
Holding Annual General Meetings (AGMs) during COVID-19 restrictions
On the weekend ASIC released guidelines for upcoming AGM requirements as companies are impacted by social distancing requirements in response to COVID-19.
COVID-19 contract impacts
The restrictions on social gatherings and non-essential businesses will impact the ability of many parties to comply with their contractual obligations.
Temporary relief for financially distressed businesses and individuals
On 22 March 2020, the Australian Government, as part of its economic response to the Coronavirus, announced temporary relief measures for financially distressed businesses.