If you’re buying or selling a business in Victoria you may have been asked about or heard the term ‘Section 52 statement’. In this article we answer your questions: What is a Section 52 statement?; Who prepares the Section 52?; When is a Section 52 required?; What information does a Section 52 contain?; and; What happens if it’s not provided or is false or inaccurate?
As the world around us continues to change, our Family Law system is making every endeavour to adapt to ensure that it continues to be accessible to those in need of judicial assistance during the coronavirus pandemic. Chief Justice Will Alstergren has implemented a number of changes to the operation of both the Federal Circuit Court and the Family Court of Australia, including most recently the implementation the COVID-19 list, established exclusively to deal with urgent parenting disputes related to the pandemic.
In response to the current coronavirus pandemic, the Federal Government recently introduced a number of financial measures in its Coronavirus Economic Response Package Omnibus Act 2020 (Vic)(“the Act’). Much of the Act deals with economic stimulus measures, such as stimulus payments and superannuation draw-downs, however Schedule 12 is entitled “Temporary relief for financially distressed individuals and businesses” and deals with three key areas of temporary reform.
The social distancing restrictions that have been introduced in response to the coronavirus pandemic have raised issues regarding the signing of legal documents that require a witness, including affidavits and statutory declarations.
In response to the COVID-19 coronavirus pandemic, the Federal Parliament and Fair Work Commission have made a number of unprecedented, temporary changes to employment law, to help both employers and employees adjust to the present situation. These include giving employers greater flexibility to adjust employees’ work hours, duties and work location.
The coronavirus pandemic has meant the enforcement of social distancing and self-isolation in order to reduce the spread of the virus. This also involves the closure of various services and the implementation new social distancing requirements when leaving the house. As a result of these restrictions, it would seem that the need for Powers of Attorney has become increasingly important to assist in circumventing some of these difficulties, particularly for those in isolation who are unable to leave their home. Nominating a friend or family member to act on your behalf if you become ill or are unable to leave the house can provide you with peace of mind during these uncertain times, especially if you are within a high risk category.
Shared parenting can be difficult at the best of times, when adding in the stress and uncertainty of the current COVID-19 situation, it is easy to feel completely overwhelmed. We have prepared a guide below for separated parents to alleviate the stress and uncertainty of parenting during the coronavirus pandemic.
The Victorian State Government has on 15 April 2020 announced some more commercial tenancy relief measures to assist Landlords and Tenants in resolving a response to COVID-19. In line with implementing National Cabinet’s Mandatory Code of Conduct the Victorian government is encouraging Landlords and Tenants to resolve the economic impacts together and vary their Lease in a manner which works for each of them.
With effect from 3 April 2020, the National Cabinet has issued its principles intended to balance the interest of landlords and tenant in a lease involving SME tenants (being those tenants with a turnover below $50 million) (referred to as ‘the Code’). The basis of the Code remains for Landlords and Tenants to negotiate mutually acceptable arrangements that work through their particular circumstances.
Victoria’s Courts and Tribunals have adopted varying approaches to respond to coronavirus (COVID-19). Each Court has provided detailed statements regarding their approach which can be found on their respective websites. This article seeks to provide a brief overview of the measures that have been taken at this stage, and will focus solely on the response of the Courts and VCAT in relation to civil matters. For information regarding criminal matters or intervention orders, follow the links provided to the relevant court websites.
Both the Federal and Victorian governments, as well as the national charity regulator, the ACNC, have announced a number of support measures aimed at helping charities and NFPs stay afloat and ease compliance regulation throughout COVID-19, so they can get on with the job of supporting people at need in our community.
The Coronavirus Pandemic (COVID-19) has caused a significant increase in stress and anxiety for many businesses across many sectors of the economy. We are finding that businesses are asking questions in two areas in particular: how to manage employees during these difficult times; and how to manage situations where you cannot complete contracts because of a breakdown in supply chains, or because your employees are unable to work.
