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Additional Recovery Options Under the Building Industry Fairness (Security of Payment) Act 2017

The Building Industry Fairness (Security of Payment) Act 2017 (BIFA) was introduced in 2017 to replace the Building and Construction Industry Payments Act 2004. BIFA altered some of the formal requirements relating to payment claims, payment schedules and the timing of some steps in the adjudication process. Amendments to The Building Industry Fairness (Security of…

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Employee Redundancies During the COVID-19 Crisis

Last month we considered the issue of options available for employers to decrease business expenses to combat falling turnover. These options include standing down employees, asking or directing employees to take leave either with or without pay and renegotiating wages and hours of work.  As a last resort, terminating the employment of employees on the…

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Contract Performance in a COVID-19 Economy

The novel Coronavirus (COVID-19) has become an economic threat in which organisations are facing great challenges and preparing to respond quickly not only nationally, but globally.  The Australian Government has provided temporary regulatory relief for financially distressed businesses including the statutory demand threshold of $2,000 being raised to $20,000 under the Corporations Act 2001 –…

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Changes to Corporations and Bankruptcy Laws in Response to COVID-19

With COVID-19 affecting the economic viability of businesses across Australia, recent changes have been announced by the Federal Government to help affected businesses.  The Government has stressed the importance of implementing a temporary safety net for otherwise profitable and viable businesses that now face temporarily financial distress. Some of the key changes are outlined below.…

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New Mandatory Code for Commercial Leases During COVID-19

On 7 April 2020, the Government released the much-anticipated Mandatory Code of Conduct (the Code) to apply to certain commercial and retail leases during the COVID-19 crisis.  The Code imposes a set of good faith leasing principles for landlords and tenants.  The overarching principles are to share, in a proportionate, measured manner, the financial risk…

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Managing wages and employment risk during COVID-19 (and other crises)

Family Business Legal Advice

Since the outbreak of COVID-19 and the resulting government intervention including restrictions on gatherings and movement, many businesses are confronted with the question of how they decrease their business expenses to combat their falling turnover. Although COVID-19 is primarily a social and health issue, the reality is it has become an issue of economic life…

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Disciplinary Action for Employee Social Media Use

The purpose of this article is to consider the issue of employee use of social media and what rights an employer may have if they do not like what an employee posts on social media. This issue seems to be regularly reported in the media; usually because of high profile cases such as the Israel…

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