Click below for who, what, where with administration assistant Chelsea Crawley. Hear why she chose Cooper Grace Ward Lawyers and what is the best advice she’s ever been given.
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Scott Hay-Bartlem is a finalist in the Commercial Partner of the Year Awards for 2020.
Organised by Lawyers Weekly, the Commercial Partner of the Year Award recognises the achievements of Australia’s top partners and is judged on excellence in practice, proven benefits to clients and what sets him apart as a leader in the industry.
Scott and his team provide a full range of commercial services to private clients and their structures, including advising on tax, superannuation, structuring and restructuring, and estate planning and succession. This includes working with and assisting accountants, financial planners, lawyers and other professional advisers help their clients deal with these issues.
Commenting on the results, Hay-Bartlem said it’s an honour to be listed. “I’m simply honoured to be acknowledged as a finalist, especially since I’m in the company of such outstanding commercial lawyers.”
In addition, Scott is on the board of the SMSF Association, is an SMSF Association Specialist Adviser and also a member of the Society of Trust and Estate practitioners.
The winner will be announced at an awards ceremony in November.
Cooper Grace Ward congratulates Scott on this significant achievement.
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In many ways, the rules for married couples and de facto couples are the same.
But in practice, there can be subtle but important differences, either in the rules or their practical application.
And what happens if the couple is of the same sex?
Join us as we compare the rules and the consequences for married couples and de facto couples, with the added twist of rainbow families.
The webinar will be recorded, so, if you are unable to attend at the advertised time, we will send you the recording for future viewing.
JobKeeper extension$110.00
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‘The family home is in my ex-partner’s sole name and they’ve listed it for sale – what do I do?’
We have received this panicked phone call on many occasions. Usually, the answer includes lodging a caveat.
What is a caveat?
A caveat is a notice that appears on the title of a property that protects your unregistered interest in the property and essentially prevents the registered owner (in this case your ex-spouse) from dealing with the property; that is, selling, transferring, mortgaging or encumbering the property.
A caveat is not a substitute for being the registered owner of a property; rather, it is a short term measure that prevents your ex-spouse from adversely dealing with the property until the court decides whether you have an interest in the property.
When should you lodge a caveat?
In family law matters, the common circumstances where we would recommend the lodgement of a caveat are:
the property is in the sole name of your ex-spouse
there is a risk your ex-spouse will sell, transfer or encumber the property
the circumstances of the relationship are such that a property adjustment between you and your ex-spouse is just and equitable (that is, the court is unlikely to order that each party keep their own assets and there be no adjustment of property).
Of course, each matter will turn on its own facts and there are other circumstances where lodging a caveat will be appropriate.
How do you lodge a caveat?
In Queensland, a caveat is lodged by depositing the appropriate form (signed by you or your lawyer) at the Titles Office.
A caveat requires careful drafting because it must state the interest claimed by you and the grounds on which your interest is claimed.
Parties without the benefit of legal representation often fall into error when drafting the grounds themselves, because things like ‘a just and equitable property division’ are not caveatable interests and the Titles Office will most likely reject the caveat by issuing a requisition notice.
When you lodge a caveat it is important you do it correctly the first time, as you will only have one opportunity to lodge a caveat for each caveatable interest. You cannot lodge another caveat on the same or substantially the same grounds unless you obtain leave from the court, which will only be granted in limited circumstances.
If it is not done correctly the first time, you may lose the opportunity to protect your interest in the property.
It is also important to be aware that, if a caveat is lodged without valid grounds, damages may ultimately be awarded against you by a court.
What should I do after a caveat is lodged?
Once the caveat is lodged, a notice will be sent by post to your ex-spouse.
Your ex-spouse may then serve a notice on you requiring you to commence court proceedings to establish the interest you have claimed under the caveat.
If this notice is served, you must:
commence court proceedings within 14 days
notify the Titles Office Registrar within 14 days after the notice is served, that proceedings have commenced.
Unless this is done within the 14 day time frame, the caveat will lapse.
If no notice is served, the caveat will still lapse three months after lodgement, unless proceedings are commenced and the Registrar is notified.
It is important that these deadlines are not missed because you cannot lodge another caveat on the same or substantially the same grounds.
It is also important that, if proceedings are commenced, the orders sought seek to establish the interest claimed under the caveat. Simply commencing proceedings without seeking the appropriate relief will not be sufficient to prevent a caveat from lapsing.
How do you get rid of a caveat?
If the caveat has lapsed, the ex-spouse can lodge a form at the Titles Office to remove the caveat.
Alternatively, a caveat can be withdrawn by the person who lodged it. Usually, this would only be done as part of final property settlement orders being made.
Do you need advice about lodging a caveat?
The tactical advantage that can be gained by lodging a caveat, and the consequences of not acting quickly enough or making mistakes drafting a caveat, can have a huge impact in a family law matter, so it is important to obtain expert legal advice.
If you need any assistance, please do not hesitate to contact our specialist family law and property teams who will be able to help.
The post Protecting your home from your ex-partner – caveats and divorce appeared first on Cooper Grace Ward.
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There are many issues that need to be considered when advising clients on an appropriate structure for operating businesses and holding assets. For example, what CGT roll-over or concessions are available, which one do you use, and how do you avoid making common mistakes?
However, circumstances often change which means the structure the client started out with will no longer be appropriate. COVID-19 is a reminder that we need to be reviewing how our clients hold their business assets to ensure their structure meets their goals, including asset protection and business succession.
In this half-day seminar Linda and Jodie will look at:
the common CGT roll-overs available
subdivision 328-G (small business restructure roll-overs)
small business CGT concessions
duty issues and exemptions
case studies which highlight the use of the roll-overs, tips in using the roll-overs and how to avoid common mistakes.
We hope to see you there.
Is it time to restructure your clients’ business assets?$165.00
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2020 has been an interesting year in many ways! During 2020 we have come across many files with SMSF issues that are interesting in their own way, and we have picked out some to share with you in our first ever dedicated virtual SMSF event.
And while these SMSF issues were interesting to us, they had a far bigger impact on our clients and advisers!
Join us as we dissect what worked and didn’t work, learn how to avoid these common traps, and how to deal with them if you come across them.
Our leading experts in our private clients team will cover:
• preparing for the 2020 audit
• incapacity, enduring powers of attorney, guardian appointments and SMSFs
• getting assets into and around SMSFs without duty
• death bed payments – tax free superannuation benefit or taxable death benefit?
• which is better – binding death benefit nominations, reversionary pensions, trustee discretion or something else?
For more information or to register for the virtual event, please click the button below.
Register now
CGW Virtual SMSF Intensive Day$290.00
Invoices, reminders and webinar links are generated and automatically sent through our email system. To ensure delivery to your inbox, please add @cgw.com.au to your safe senders list.
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The extended Regulation, now expiring on 31 December 2020, can be found here.
Further guidance by the Queensland Small Business Commissioner can be found here.
A brief snapshot:
Entitlement to claim relief for the extension period (1 October 2020 to 31 December 2020) is now based on SME tenants showing at least a 30% turnover drop in July/August/September 2020 compared to the same period last year.
Tenants can no longer demand rent waivers. Owners therefore only have to (logically) grant rent relief deferrals proportionate to the turnover drop.
1/24th instalments of agreed deferred rents for the initial response period to 30 September 2020 can start to be collected from 1 October 2020.
Owners are still unable to take ‘prescribed action’ until 1 January 2021 – so still a bar on recovery and for any failure to open/trade for the core trading hours.
Owners and tenants can still do deals on their own terms – but, if the lease is caught by the Regulation, cannot agree to implement rent increases until 1 January 2021.
If you have any queries, or we can be of any assistance, please let us know.
The post Your guide to the extended COVID-19 Leasing Regulation (Qld) in 150 words or less appeared first on Cooper Grace Ward.
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The JobKeeper payment scheme has been extended until 28 March 2021. The JobKeeper rules have been amended to include two different extension periods, tiered payment rates and an actual decline in turnover test.
At the same time, the ATO has started audit activity in relation to taxpayers’ eligibility for the cash flow boosts and JobKeeper payments.
In this webinar, we will work through the new JobKeeper extension rules and the current cases to help you advise clients and manage their current and potential risks. We will cover:
the amended rules extending the JobKeeper payment scheme
case studies showing how the amendments to the JobKeeper payment scheme apply to clients who enrolled for JobKeeper both before and after 28 September 2020
clients’ eligibility for the cash flow boosts and JobKeeper payments
current risks for clients relying on the Commissioner’s discretions under the cash flow boost and JobKeeper legislation.
After the webinar, you should be able to advise clients on their eligibility to access the JobKeeper payment extension, as well as manage any current and potential risks.
The webinar will be recorded so, if you are unable to attend at the advertised time, we will send you the recording for future viewing.
JobKeeper extension$110.00
Invoices, reminders and webinar links are generated and automatically sent through our email system. To ensure delivery to your inbox, please add @cgw.com.au to your safe senders list.
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Following a flood of high profile ‘wage theft’ cases, including George Colambaris’s Made Establishment, Woolworths, 7Eleven and Qantas, Queensland has followed in the footsteps of the ACT and Victoria by criminalising wage theft.
The new laws focus on penalising employers who intentionally steal from their employees by failing to provide them with their full entitlements.
The new laws also set up a small claims process in the Industrial Magistrates Court for both state and federal jurisdiction employees to quickly recover underpayments of up to $20,000.
Criminal offence of ‘wage theft’
Part 1 of the Criminal Code and Other Legislation (Wage Theft) Amendment Act 2020 (Wage Theft Act) commenced on 14 September 2020 and amends the Criminal Code to include new section 391(6A), which provides that employee entitlements are a thing capable of being stolen. Employee entitlements that can be stolen include:
unpaid hours or underpayment of hours
unpaid penalty rates
unreasonable deductions
unpaid superannuation
withholding entitlements
underpayment through intentionally misclassifying a worker including wrong award, wrong classification or by ‘sham contracting’ and the misuse of Australian Business Numbers
authorised deductions that have not been applied as agreed.
The Wage Theft Act also amends section 398 of the Criminal Code to include:
16 Stealing by employers
If the offender is or was an employer and the thing stolen is the property of a person who is or was the offender’s employee, the offender is liable to imprisonment for 10 years.
Additionally, where an employer commits fraud against an employee, the employer will be liable to imprisonment for up to 14 years.
The Queensland Police Service (QPS) have been given jurisdiction to investigate claims of wage theft. Importantly, the QPS would need to prove that the employer had intentionally stolen wages from an employee or had intentionally sought to deprive the employee of their entitlements. The legislation will not apply to employers who have accidentally underpaid staff and seek to rectify any underpayment when it is identified. At this stage it is unclear how the QPS will resource and conduct investigations into wage theft.
Wage recovery in the Industrial Magistrate Court
The Wage Theft Act also amends the Industrial Relations Act 2016 (Qld) (IR Act) to introduce a process for fair work claims and wage recovery claims in the Industrial Magistrates Court up to $20,000.
The registrar managing the case may refer the parties to conciliation before the Court will hear the claim. The QIRC Industrial Commissioners will be the conciliators for any conciliation conferences.
The Wage Theft Act also amends the IR Act to provide that an employer must (with the employee’s consent) share employee information to a registered employee organisation. An employer will be liable for up to 27 penalty units for failing to provide the employee information.
Conclusion
In a constantly evolving and complex industrial system, wage mistakes will occur. It is more important than ever for employers to ensure that they are correctly paying employees all their entitlements.
Employers should be conducting annual audits of each employee’s pay to ensure that they have been paid correctly and immediately rectify any shortfalls. Employers may wish to engage legal advice when conducting payroll audits as an additional layer of protection.
Employers should also ensure that employment agreements have appropriately drafted set-off clauses to protect employers from underpayment claims, particularly where an employee is paid an all-inclusive salary.
Our workplace relations and safety team can assist you in conducting payroll audits to minimise the legal risk to your business and defend any underpayment claims should they arise.
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We all want our children to grow up equipped with emotional awareness, empathy, resilience and confidence.
Cooper Grace Ward’s expert family lawyers talk to parents about these concerns on a daily basis. For this next instalment of our Parenting Forum series, we have found another great speaker who can provide guidance on these issues.This Connected Parenting webinar offers a valuable set of tools for parents and
carers aiming to raise children through positive connections and communication.
Facilitated by educator and parenting expert Lael Stone, this webinar provides parents and carers with:
practical strategies to build stronger connections with children
ideas to support children when they are frustrated or going through challenging situations
simple ways to create co-operation
dealing with our own triggers as a parent
understanding big emotions and feelings and assisting kids in becoming emotionally resilient.
We hope you can join us for this special event.
Webinar – The Resilience Project -Connected Parenting$35.00
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In an increasingly volatile world, business insurance coverage has become even more critical.
Where a business needs to make a claim, the task often falls to corporate counsel to manage that process.
In this practical webinar, litigation partner Rocco Russo and our commercial insurance claims specialist, senior associate Emma Cameron, will explore the life of a liability insurance claim and shed some light on how the claim process can be best managed by corporates and their counsel.
They will discuss:
practical issues to consider when making a commercial insurance claim
tips for engaging with your commercial insurer during the notification phase, while the insurer is considering indemnity and during the management of the claim process
‘real life’ practical scenarios demonstrating some pitfalls to avoid.
The webinar will be recorded, so, if you are unable to attend at the advertised time, you can view the recording on the ‘Corporate Counsel Hub‘ afterwards.
We hope you can join us for this next session in our Corporate Counsel Seminar series.
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Mental health issues seem to be impacting the workplace more frequently than ever before. This leads to a wide variety of challenges for employees who suffer from poor mental health, their managers and their employers. This session is designed for managers and human resource professionals who are involved in managing employee performance or employee health in the workplace.
The workshop will be interactive and the topics for discussion include:
the prevalence of mental illness in the workplace
how to identify, understand and manage mental illness or poor mental health
the legal risks associated with managing employees with mental illness and common mistakes
how to minimise legal risks and engage in best practice.
As a qualified mental health first aid trainer and employment law specialist, Belinda is in a unique position to provide participants with knowledge and practical skills relevant to understanding mental illness and managing poor mental health in the workplace.
We hope you can join us.
Discounted pricing
We appreciate that many businesses are under strain with the impacts of COVID-19 and that, in this environment, your investment in this training is all the more important. To show our support, we have discounted $50 off our usual ticket price of $495 (including GST) for this workshop.
Half day training – Managing mental health in the workplace$445.00
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Click below for who, what, where with lawyer Katelyn Gillert. Hear why she chose Cooper Grace Ward Lawyers and what inspired her to become a lawyer.
Who What Where With Katelyn Gillert from Cooper Grace Ward on Vimeo.
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Workplace Health and Safety Queensland (WHSQ) has released a must-read guide for all businesses that operate in the horticulture industry.
While many industries have been hard hit by the impacts of COVID-19, the horticulture industry has remained comparatively strong due to high demand from the Australian public and minimised foreign imports. However, the continued spread of COVID-19 presents a high risk to employers in the horticulture industry who owe a duty of care to their employees and the public, specifically in light of the upcoming picking season.
A recent guide from WHSQ outlines the steps and practical instructions employers must take to meet their workplace health and safety duties under the Workplace Health and Safety Act 2011 (Qld) regarding COVID-19.
Employers using the Seasonal Worker Program or subject to a relevant Public Health Direction
Businesses that are engaged in the Seasonal Worker Program or that are subject to a relevant Public Health Direction must have a Health Management Plan in place. A Health Management Plan is required for identified high risk industries or industries that consist of high number of vulnerable workers.
A business that is required to have a Health Management Plan must complete the Workplace Health Management Plan Template by conducting a COVID-19 risk assessment of their business and submit their Plan to Queensland Health
Other employers in the horticulture industry
If a business is not subject to a relevant Public Health Direction and therefore not required to have Health Management Plan, it is still required to manage the risks of COVID-19 in the workplace and should do so by implementing a COVID-19 work health and safety plan, which should include:
infection prevention and control policies and procedures
safe systems of work policies and procedures
how employee consultation occurs
how labour supply chain consultation occurs
how the business will monitor and update the plan as public health information changes.
A copy of the WHSQ COVID-19 safe practice guide for the horticulture industry can be found here.
All employers in the horticulture industry
Employers in the horticulture industry must also ensure that:
non-Queensland resident workers self-quarantine as required under public health guidance
anyone who is sick does not come to work as required under public health guidance
higher order controls are implemented that complement hygiene practices (e.g. social distancing, creating separate walkways through worksites, limiting numbers of people in lunch or crib rooms or installing barriers and screens)
good hygiene practices including hand hygiene and workplace cleaning are in place
sufficient cleaning and disinfection supplies and equipment are provided, or a suitable cleaning service is engaged
personal protective equipment (PPE) is used where necessary and in accordance with the relevant state and national guidelines
psychosocial risks for workers are identified and managed
management communicates, trains and supervises workers on workplace measures to address COVID-19.
Conclusion
Meticulous planning and early intervention and reporting will reduce the risk that a business in the horticulture industry has breached a workplace health and safety duty. Additionally, implementing a COVID-19 work health and safety plan will reduce the risk of a case of COVID-19 at the workplace and prevent the spread should an outbreak occur, minimising interruption to production and protecting the safety of others.
Call to action
Our experienced workplace health and safety team can assist you in implementing your COVID-19 work health and safety plan to ensure that you are minimising the legal risk to your business.
Please contact a member of our team if you need assistance or advice in interpreting the updated casual loading requirements under your relevant award(s) for your team.
The post Workplace Health and Safety Queensland: COVID-19 resources for the horticulture industry appeared first on Cooper Grace Ward.
What is a testamentary trust? What are the advantages of a testamentary trust? Should I include a testamentary trust in my Will?
These are some of the common questions we get asked when preparing a Will and estate plan.
What is a testamentary trust? What are the advantages of a testamentary trust? Should I include a testamentary trust in my Will?
These are some of the common questions we get asked when preparing a Will and estate plan.
What are the main benefits of testamentary trusts?
The main benefits of properly structured testamentary trusts are:
protection of the assets in the trust from the risk of the beneficiaries
being able to distribute income to children who are under 18 (or for their benefit) at normal adult tax rates.
It is possible to include provisions in the testamentary trust to ensure that only your blood descendants can ever receive capital entitlements in the trust.
Asset protection
A testamentary trust can provide asset protection for your beneficiaries, which will be important if they are engaged in an occupation that carries significant risk of litigation or own a business.
Couples generally acquire assets in the name of the spouse who has the lower risk profile. However, if that person dies and leaves all their assets to the spouse with the higher risk profile, the family’s assets may be exposed.
If, instead, the assets are held in a testamentary trust, your surviving spouse can control the assets and ensure that any income and capital from the estate is used for the benefit of your children and family members. Your spouse will not have direct ownership, which means that the assets themselves should be protected to some extent.
The same issues arise if adult children have high risk profiles.
Testamentary trusts can also provide some protection for adult children in a matrimonial property settlement – provided they do not have sole control of the trust.
Income splitting
Income received by beneficiaries who are under 18 from a family trust will be subject to maximum tax rates if that income exceeds $416.
Under a testamentary trust, all beneficiaries, including those under 18, receive the benefit of the full income tax free threshold, and income above that amount is taxed at normal adult rates. This means that approximately $20,000 can be distributed to each beneficiary free of tax each year.
This can be of significant benefit to beneficiaries who have children under 18 as they can effectively pay things like living and educational expenses for their children out of pre-tax income.
It is also becoming more and more common for grandparents to help with grandchildren’s school fees, which can be very tax effective if paid from a testamentary trust.
Is a testamentary trust for you?
A testamentary trust might be useful where:
you have young children or grandchildren
your beneficiaries (your spouse or adult children) have potential risk issues (for example they have a business or are professionals)
your intention is to protect assets for your children but still provide for your surviving spouse
you have a child with special needs or one who would not be responsible controlling their inheritance
you want to ensure that your assets pass down your family line
you would like to protect your assets from claims by spouses or partners if any of your children are involved in a matrimonial property dispute
you have more than $1.6 million in superannuation (because the recent changes to superannuation law mean that the excess will leave the super fund after your death).
Testamentary trusts can provide great benefits and flexibility in your estate plan. However, they are not a ‘one size fits all’, so it is important that you seek advice about whether a testamentary trust is suitable and appropriate for your estate plan.
To discuss your Will and other estate planning documents, please contact a member of our estate planning team.
The post Estate planning health check – should my Will include a testamentary trust? appeared first on Cooper Grace Ward.
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Each year mental illness costs Australian workplaces $4.7 billion in absenteeism, $1.6 billion in presenteeism and $146 million in compensation claims. The addition of COVID-19 impacting the mental health and wellbeing of employees means employers must adapt to the mental health needs of the workplace.
Appointing mental health first aid officers within a workplace can help to strengthen a supportive workplace culture, improve retention and engagement and reduce legal risk. Workplace MHFA Officers are equipped with the necessary skills to recognise a change in the mental health of employees or where an employee is experiencing a mental health crisis and to take appropriate action. Ideally, large businesses should have several MHFA Officers to increase awareness of mental health issues and promote early intervention.
The blended mental health first aid for workplaces course is designed for workplaces. It is delivered through a combination of online, eLearning and two follow-on interactive online sessions with Belinda Winter, a partner in our workplace relations and safety team. Belinda is a unique trainer in that she is able to bridge the gap between the MHFA training and the workplace laws and how they relate and affect each other.
eLearning component
Participants begin by completing an interactive self-paced eLearning component that presents an overview of mental health problems, including:
depression
anxiety
psychosis
substance abuse.
The component also covers mental health crises, including:
suicidal thoughts and behaviours
panic attacks
traumatic events
severe psychotic states
severe effects from alcohol or drug use
aggressive behaviours.
Face-to-face sessions
The face-to-face sessions are delivered after participants have completed the eLearning component. The training sessions will be delivered online in two sessions both two hours in duration. The focus is on the revision and application of knowledge and skills learnt in the eLearning component, providing participants the opportunity to:
examine issues pertinent to mental health problems in the workplace in more depth
clarify any points of uncertainty remaining after completion of the eLearning modules
apply the MHFA Action Plan to relevant workplace scenarios
discuss and reflect on ‘where to from now’ for mental health first aid skills in the workplace.
Register now
The post Blended mental health first aid (MHFA) training for workplaces appeared first on Cooper Grace Ward.
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This program will assist employers in understanding their obligations under bullying, sexual harassment and discrimination laws and provide practical tips and strategies in managing issues associated with unacceptable workplace behaviour.
Topics for discussion include:
understanding bullying, sexual harassment and discrimination
the legal obligations of employers and their employees
how to prevent bullying, sexual harassment and discrimination in the workplace
managing bullying, sexual harassment and discrimination complaints.
We hope you can join us.
Discounted pricing
We appreciate that many businesses are under strain with the impacts of COVID-19 and that, in this environment, your investment in this training is all the more important. To show our support, we have discounted $50 off our usual ticket price of $495 (including GST) for this workshop.
Register now
The post Half day training – Complying with bullying, sexual harassment and discrimination laws – an employer’s perspective appeared first on Cooper Grace Ward.
Employers need to reassess their eligibility for the JobKeeper scheme, with different flexibilities available, depending on whether an employer is a ‘qualifying’ or ‘legacy’ employer.
Introduction of the JobKeeper scheme
Additional flexibilities for employers were introduced as a response to the COVID-19 pandemic in April, allowing those who qualified for the JobKeeper scheme to give employees a number of JobKeeper enabling directions and request that they take annual leave in certain circumstances.
Details of the original JobKeeper flexibilities can be found here.
Changes to the JobKeeper scheme
The table below compares the current JobKeeper rules against the new JobKeeper rules. Those that remain the same have not been included.
Current provision New provision
An employer who both:
• qualifies for the JobKeeper scheme; and
• is entitled to receive the JobKeeper payment for an employee,
can access the increased flexibilities.
Employers who qualify for the JobKeeper scheme and are entitled to receive the JobKeeper payment for an employee are still able to access the increased flexibilities (Qualifying Employers).
Employers who previously qualified for JobKeeper payments but do not qualify for the revised version of the scheme can still use the flexibilities if they hold a certificate that states they have suffered a 10% decline in turnover each quarter (Legacy Employers).
Each JobKeeper fortnight, eligible employees are entitled to the greater of:
• $1,500; or
• the value of the work performed by them.
The amount eligible employees are entitled to will be reduced to $1,200 from 28 September 2020 and $1,000 from 4 January 2021.
Lower rates apply to those who worked less than 20 hours per week in the two fortnightly pay periods prior to 1 March 2020 or 1 July 2020, being $750 from 28 September 2020 and $650 from 4 January 2021.
The two fortnightly pay periods prior to 1 July 2020 should be used for employees who are assessed as eligible as of 1 July 2020. The period with the higher number of hours should be used for employees who were eligible at 1 March 2020.
Employers who qualify for the increased flexibilities can give an employee a JobKeeper enabling stand down direction reducing their hours, including to zero, if the requisite conditions are met.The previous provision remains in place for Qualifying Employers.
Legacy Employers can give a JobKeeper enabling stand down direction to an employee reducing their hours if the requisite conditions are met, however, this must not result in the employee working less than:
• 60% of their ordinary hours as they were on 1 March 2020; or
• two consecutive hours on a day they are required to perform work.
Employers who qualify for the increased flexibilities can request that an employee take annual leave as long as it would not result in an employee with an annual leave balance of less than two weeks. This includes agreeing to take annual leave for twice the time at half pay.This provision remains in its current form; however, it will be repealed on 28 September 2020. This means that directions to take annual leave must cease on or before 28 September 2020.
Employers who qualify for the increased flexibilities must give an employee at least three days’ written notice of the intention to give a JobKeeper enabling direction unless a lesser notice period is genuinely agreed to. Employers must also consult with the employee about the direction.Legacy Employers must give at least seven days’ written notice of the intention to give a JobKeeper enabling direction unless a lesser notice period is genuinely agreed to. Increased consultation requirements also apply.
The previous provision remains in place for Qualifying Employers.
Conclusion
Employers should assess whether they are eligible for the new JobKeeper scheme and, if not, consider whether they would qualify for the modified flexibilities as a Legacy Employer.
It is imperative employers understand the new JobKeeper rules along with their general obligations under the various employment laws. If there is a dispute about the various matters under the JoKeeper scheme, including a JobKeeper direction, parties can apply to the Fair Work Commission.
If you need assistance with managing your workforce, please contact our workplace relations and safety team.
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In a recent survey of CGW clients and supporters, many of you shared the legal and business issues you are facing as a result of the pandemic.
We have used your input to inform the topics for our next complimentary COVID-19 webinar so we can address the issues that are most important to you.
Our speakers for this webinar will provide practical guidance on:
the latest challenges for employers, including both return to work and remote working risks
property leasing and trends
extension of the JobKeeper payment and ATO audit activity
superannuation, including specific issues for SMSFs
planning for and surviving financial distress.
We hope you can join us for this latest update in our ongoing series of webinars and resources to help clients navigate the challenges of COVID-19.
The post COVID-19 legal risks and implications for Australian businesses – Latest updates, insights and tips appeared first on Cooper Grace Ward.
You’ve been in a relationship where your partner has managed the finances. They have done all the internet banking, paid the bills, been the point of contact for your financial adviser and accountant, and so on.
It’s not uncommon. Perhaps they were just more interested in financial matters and you were happy to sit on autopilot.
But now you have separated and are left with limited knowledge of your finances. You have no idea where to go to from here when negotiating your property settlement.
Sound familiar?
We have set out below some of the steps you can take to become informed of your financial circumstances so that you can confidently negotiate your property settlement.
Conduct searches
Your lawyer can undertake ASIC searches of all the corporate interests you and your partner have. These will show who is the director, secretary and shareholder of any companies (provided the ASIC record is up to date) you may own or have shares in. This is a starting point for understanding what your corporate structure looks like.
Title searches can also be conducted for all real properties you and your ex spouse or a company own. These searches will show who holds the legal title and the property address.
Ask your ex partner for disclosure
Each party has a duty to make full and frank disclosure of their financial circumstances when negotiating a property settlement.
This includes providing the other party with documents like bank and loan statements, current superannuation statements, tax returns, and financial statements of any trust or company, etc.
The first step is to ask your ex to provide you with this information. If it is voluminous, they may prefer to provide you with an authority to obtain the information directly from their accountant.
If your ex partner refuses to provide disclosure, then, unfortunately, you may need to consider commencing court proceedings and issuing subpoenas. Discuss these steps with your family lawyer.
Once you have disclosure, you can put together a balance sheet, which includes a list of assets, liabilities and superannuation that are to be divided between you and your ex.
Have property valued where you are not sure what it is worth
Where you do not agree with the value your ex partner has attributed to an asset, for instance a business or real property, you can ask that it be valued.
You and your partner would jointly engage one independent valuer to prepare a report.
Generally market appraisals of real property should not be relied upon because they tend to be inflated. Similarly, valuations prepared by banks for finance purposes are usually conservative.
Once the valuation report is released by the joint expert, if you are still unsure what it means or disagree with the value, you may convene a conference with the expert or send them a list of written questions so they can clarify their report.
Engage your own accountant and financial adviser
You may wish to engage your own accountant to review any expert report. They will be able to help you understand it and identify any areas of the report that should be clarified. Your accountant and family lawyer should also be able to help you understand the financial reports of any companies.
If you are considering settlement options and what mix of assets to retain, it may also be helpful to speak with a financial adviser. For instance, depending on your age and risk profile, it may be more beneficial for you to retain the unencumbered home rather than the large portfolio of shares.
Where you have limited knowledge of financial matters and, after settlement, will potentially be managing your own finances for the first time, it is important to retain expert legal, accounting and financial advice to guide you through the settlement process.
If you are in this situation, you are most welcome to contact one of our experienced family lawyers, who can assist.
The post Understanding your own pool of assets: how can I negotiate when I don’t know anything about our finances? appeared first on Cooper Grace Ward.
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