Practical pointers for resolving commercial disputes during COVID-19

Litigation [Courts & Tribunals]

COVID-19

We provide a few practical steps that can be taken when attempting to resolve commercial disputes during the COVID-19 pandemic period. These disputes may stem from businesses becoming unable or unwilling to meet their contractual obligations or adjust to the disruption which may have come about though lockdown periods, business closures, reductions in staffing, cancellations of events and travel restrictions.

What is the process for Mediation?

Mediation of Disputes

Litigation [Courts & Tribunals]

Mediation is a flexible and alternative dispute resolution process where the parties seek to resolve disputes, with the help of a mediator. The mediator's role, as a neutral third party, is to provide a safe platform for mediation to take place and to guide the parties towards a mutually-agreeable settlement.

Leaving a Gift to a Charity

Wills & Estate Planning

Leaving a bequest or a gift to a charity in your Will is a good way to continue support for a charity that is close to your heart, long after you’re gone. A charitable bequest can be made alongside distributions to children, family members and friends, or alternatively, your entire estate can be distributed to charities.

COVID-19: Guide for parenting during a pandemic (Vic)

Family Law

COVID-19

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.

Divorce 101: A quick guide to divorce

Family Law

The word “divorce” is often used interchangeably with “separation”. This is somewhat a misnomer as the words are not synonymous with one another. While the process of separation involves a wide range of both emotional and legal issues, the least of which will include making parenting arrangements for children and dividing your assets, divorce is its own separate and discrete process for ending the legal marriage.

JobKeeper 2.1: What you need to know

Employment Law

COVID-19

The Federal Government has now has passed legislation to implement JobKeeper post-27 September 2020 when the scheme was originally scheduled to expire. There have been a number of important changes to Jobkeeper 2.0 since it was first announced in July. In particular, there is now a less stringent turnover test and the scheme can also cover employees employed as of 1 July 2020, not just those employed as of 1 March 2020. We shall call this JobKeeper 2.1.

Workplace policies and social media

Employment Law

To what extent can an employer use workplace policies to regulate what their employees say outside work? The question has become very topical, with the high profile court cases of Israel Folau and Michaela Banerji both making headlines last year. The question has arisen again, this time in a recent decision by the Full Federal Court in a case involving Dr Gary Rumble, a constitutional lawyer, and his former employer, HWL Ebsworth Lawyers.

COVID-19: Important changes for debtors, creditors and company directors

Litigation [Courts & Tribunals]

COVID-19

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.

Oaths and Affirmations during COVID-19

Litigation [Courts & Tribunals]

COVID-19

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.

Avoiding domestic building disputes: A home owners guide

Litigation [Courts & Tribunals]

Engaging a builder to build your home can be daunting – you are committing a significant amount of time and money into developing a valuable asset. In such circumstances, the last thing you want is a dispute with your builder that will take significant time to resolve and extensive legal costs. We provide a guide of steps that can be taken to avoid domestic building disputes with your builder.

Coronavirus and the Courts (Victoria)

Litigation [Courts & Tribunals]

COVID-19

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.

Important changes to Charity Fundraising

Charities & Not For Profits

Unless they are privately funded, all charities and not-for-profits need to undertake fundraising to raise the funds needed to fulfill their charitable purpose and mission. A common question we often hear when advising charities is “do we need a fundraising licence?” In this article we will answer this question and also provide an update on important changes affecting fundraising in Victoria and Western Australia.