On 1 January 2021, the Payment Times Reporting Act 2020 (Cth) (the Act) commences,  which will oblige large businesses with an annual turnover of more than $100 million (Reporting Entitles) to report their payment terms and practices with respect to their Small Business suppliers, twice per year.  Once reported, the reports will be made available […]
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From 1 July 2021, the monetary threshold in the definition of ‘consumer’ in the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (the ACL) will increase from $40,000.00 to $100,000.00. This means that, from 1 July 2021, businesses which sell or supply goods or services which […]
The post Can you guarantee that your business is prepared for the amendments to the Australian Consumer Law and consumer guarantees regime? appeared first on Coulter Roache.

Intellectual Property is a valuable asset that can enhance your business.  An Australian trade mark right does not secure your rights in countries outside of Australia.  If you intend on operating your business, including manufacturing, or selling products online, you should consider obtaining international trade mark registrations in the countries relevant to your business. A […]
The post Brexit and your European Trade Marks appeared first on Coulter Roache.

Many consequences arise and impact on an outcome in a family law property settlement and/or family law property proceeding if a person in a marriage or de facto relationship is declared bankrupt. What is bankruptcy? Bankruptcy is the inability of a person to pay their debts as and when they fall due.  Pursuant to the Bankruptcy […]
The post Family Law and Bankruptcy – what it looks like when they collide appeared first on Coulter Roache.

Things to know about choosing and appointing a Guardian for your minor children if both you and your partner were no longer around to care for your children. Why should I appoint a guardian for my child? The future is not ours to see  and there may  come a time where  you will contemplate the […]
The post Guardianship demystified appeared first on Coulter Roache.

In a precursor to the Richmond Football Club’s (“RFC”) recent Grand Final win, an important victory was also secured by RFC off the field, kicking goals not just for themselves but tenants generally.  With important ramifications for leases and tenancies, the decision of Justice Croft in Richmond Football Club Ltd v Verraty Pty Ltd was […]
The post Application of the Retail Leases Act – A Win for the Richmond Football Club and Tenants appeared first on Coulter Roache.

Although it may be premature to assess any trends starting to emerge from the COVID-19 pandemic, two recent Federal Court decisions have determined applications pursuant to section 1337H(2) of the Corporations Act 2001 to transfer proceedings from the Federal Court of Australia to the Family Court of Australia. Yeo, in the matter of Armstrong and Shaw […]
The post Family Law and liquidators: how the interplay between Family Law and insolvent trading claims is starting to emerge appeared first on Coulter Roache.

Coulter Roache is excited to announce the official launch of the CR Starter Pack. The CR Starter Pack is an offering to first-time start-up business owners, to ensure that they have access to: expert legal advice when setting up a business; and robust and tailored documents for the establishment and operation of their business, at […]
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The current state of affairs and Government relief The intersection between family law property settlements, bankruptcy and insolvency issues can be difficult to navigate.  The COVID-19 pandemic has had a devastating impact on businesses and individuals.  On 7 September 2020, the Federal Government announced a six month extension of its suspension on insolvent trading law […]
The post COVID-19, bankruptcy and the family home: economic impacts of COVID-19 on Family Law disputes appeared first on Coulter Roache.

Changes are coming to directors and their registration requirements.  Under the Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill 2019 (“the Bill”) eligible officers, including directors, will be required to have a Director Identification Number (“DIN”).  Although the Bill was passed on 12 June 2020 and the new requirements are only expected to come […]
The post Director Identification Numbers – What’s the DIN about? appeared first on Coulter Roache.

On 29 September 2020, the Victorian Regulations providing for rent relief for commercial tenancies (being the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020) (Regulations)) were extended.  The changes made to the Regulations not only extend the commercial tenancy rent relief scheme in Victoria, but also make other important changes which landlords and […]
The post Extension to Commercial Rent Relief Scheme – Important Changes that Landlords and Tenants should be aware of appeared first on Coulter Roache.

Discretionary (or family) trusts have been in existence for hundreds of years. Until about twenty-five years ago their principal use was to hold property to ensure that probate and estate duties were not payable on such property in the event of the death of an individual family member. Because the individual family member did not […]
The post What are the advantages of Discretionary Trusts? appeared first on Coulter Roache.

On 23 September 2020 the long-awaited Retail Leases Amendment Bill 2019 (Vic) received royal assent, causing it to become law. The Retail Leases Amendment Act 2020 (Vic) (the Amendment Act) has introduced seven key changes to the Retail Leases Act 2003 (Vic) and the Building Act 1993 (Vic). This article will provide a brief summary […]
The post Updates to the Retail Leases Act 2003 (Vic) – what does this mean for Landlords and Tenants? appeared first on Coulter Roache.

Charities and not for profit organisations are an important part of Australian society.  Many of us would have interacted with or had our lives positively impacted by the assistance, support or guidance of a charity at one time or another. For some, the identification of a gap or a need in their community can lead […]
The post The building blocks of charity: what to think about when establishing your not for profit appeared first on Coulter Roache.

The Competition and Consumer (Industry Codes—Dairy) Regulations 2019 (Cth) (“the Dairy Code”) came into effect on 1 January 2020. The Dairy Code is a mandatory code and provides a framework for the relationship between processors and farmers.  An overview of the Dairy Code can be found here. As one of the big changes for the […]
The post Step down, step up: varying minimum milk prices under Milk Supply Agreements appeared first on Coulter Roache.

In 2019, in response to the Dairy Inquiry final report recommendations, the Australian Government announced the introduction of a mandatory dairy code of conduct. Recommendation 8 of the Dairy Inquiry outlined the need for a mandatory code, highlighting the inherent imbalance in bargaining powers between the processors and dairy farmers and the unequal availability of […]
The post The Dairy Code of Conduct: what farmers and processors need to know appeared first on Coulter Roache.

With Australians facing a second wave of toilet paper hoarding, many consumers may turn their attention to the next best thing: toilet towelettes or wipes.  However, the age old question remains:  can a wipe actually be flushed?  In the case of Kleenex Cottonelle Fushable Cleansing Cloths (“KCFC Wipes”), the Full Federal Court of Australia (“Full […]
The post Full Federal Court “Flushes” ACCC Appeal in relation to Kleenex Wipes appeared first on Coulter Roache.

The Franchising Code of Conduct (“the Code”) has recently been updated to add Parts 5 and 6 which deal specifically with new vehicle dealership agreements.  Car dealerships who operate through a franchise agreement should be aware of the new provisions which provide them with additional protections.  Franchisors who grant new vehicle dealership agreements must ensure […]
The post New Vehicle Dealership Agreements – What’s changed in the Franchising Code of Conduct? appeared first on Coulter Roache.

There can be any number of reasons why a change of trustee of a trust is sought. Where there are individual trustees, they may seek to limit their liability in relation to the trust by appointing a corporate trustee.  Death, bankruptcy, insolvency, mismanagement, matrimonial separation or a sale of a business operated by the trust […]
The post Trust me… when recording a change of trustee, getting the right advice and documentation now will save you in the future appeared first on Coulter Roache.

What is the new HomeBuilder Grant? The Federal Government has recently announced a new HomeBuilder Grant which aims to give the residential construction industry a boost as the industry recovers from the Covid-19 crisis.  The HomeBuilder Grant provides $25,000.00 to eligible owner-occupiers to put towards the cost of building a new home or substantially renovating […]
The post What is the new HomeBuilder Grant and am I eligible? appeared first on Coulter Roache.