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Roberts Legal

Will the small business insolvency law reforms really protect small business company directors?

Upcoming changes to insolvency laws could have a significant impact on companies that have faced challenging circumstances during the COVID-19 pandemic. Temporary protections from claims of insolvent trading that were put in place to assist businesses during COVID–19 are coming to an end on 31 December 2020. However, a new regime for restructuring small businesses is commencing on 1 January 2021 .
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Recent changes to Security of Payments Regulations a game changer for NSW Residential Builders’ ability to Resolve Disputes and recover Progress Payments Promptly.

On 1 September 2020 the NSW Government released the Building and Construction Industry Security of Payment Regulation 2020 (“the Regulation”) which, among other things, will drastically change the way residential builders and homeowners resolve disputes about progress payments after 1 March 2021. The Regulation, which otherwise made minor changes in relation to Retention Money Trust Accounts (for…
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Deadline to Amend Discretionary Trusts to Avoid Surcharge Duty and Tax

In 2019, the NSW Government proposed various changes to duty and land tax law in NSW which came into effect on 24 June 2020 The State Revenue Legislation Further Amendment Act 2020 (NSW) (“the Act”). The Act has significant implications for discretionary trusts, in particular, the proposed changes made it so trustees of discretionary trusts are assumed to be foreign trustees…
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Apartment Building Completion Notices & Audits

The Residential Apartment Buildings (Compliance and Enforcement) Powers Act 2020 (the Act) Commenced 1 September 2020. The Act requires that a builder or developer of a Class 2 building (apartment building), or a building with a Class 2 part, must provide the Department of Fair Trading six months’ notice before making an application for an Occupancy Certificate (OC). Once you give notice that you’…
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High Court Decides Historic Personal Leave Case by Clarifying the Accrual Procedure

In a defining industrial law matter, the High Court of Australia has quashed arguments that personal leave is calculated based upon the number of hours a worker does per day when accruing leave under the National Employment Standard & Fair Work Act 2009. The determination by the High Court is a significant and positive decision for businesses in Australia, with estimates that the earlier Federal…
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Residential building contracts under $40,000.00 – What if the time limit for a statutory warranty claim has passed? Consumer guarantees under The Australian Consumer Law.

When a builder carries out residential building work, their work is covered by the statutory warranties which apply under the Home Building Act. The warranties include: that the work will be performed with due care and skill, that the work will be in accordance with any plans and specifications set out in the contract, that all materials supplied will be suitable for the purpose for which they are…
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New WHS Regulations

The NSW Government has, as part of its review and update of state WHS laws [link to https://robertslegal.com.au/nsw-health-and-safety-act-amendments-passed/], introduced new regulations dovetailing into recent changes in the Work Health & Safety Act (NSW) 2011 that all business should consider and ensure that they are compliant with. The Work Health & Safety Amendment (Miscellaneous) Regulation…
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Significant WHS penalties for local Newcastle business

A local Newcastle company, Landmark Roofing Pty Limited, have been fined $400,000.00 over the death of an inexperienced worker in the NSW District Court by Judge David Russell on 7 August 2020. Judge Russell found Landmark guilty of breaching sections 19 and 32 of the Work Health and Safety Act (NSW) 2011 following the death of a 20 year old apprentice who fell six (6) metres through an old…
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Covid Update for Hospitality Venues

A weekend crackdown by Health and Safety Inspectors across 410 licensed venues and hospitality premises in NSW has resulted in $50,000 worth of penalty infringement notices for breaches of COVID safety. Most of those breaches were due to the non-existence, or poorly prepared COVID-19 Safety Plans. This included the failure by venues to obtain the correct personal information of customers when they…
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Does your Business fall within the Requirements of the Privacy Act?

Depending on your business’ annual turnover and how it deals with ‘personal information’, your business may be covered by the Privacy Act 1988 (Cth) (“the Act”) and need to also comply with the 13 Australian Privacy Principles. Whilst the requirement to have a Privacy Policy are not applied across the board, as business’ increasingly grow an online presence and gain access to personal information…
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Liquor licensing – get it right early or prepare to play the long game

Whether you are setting up a new business in which you intend to serve liquor or you are purchasing an existing business with or without a licence, there are several factors that can be easily overlooked when it comes to liquor licensing.In NSW, most businesses require a liquor licence to sell or serve alcohol. There are several different types of liquor licence available and each can have its own…
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Landholder Duty Changes – Are you liable?

I recently had a client request the registration of a word and logo trade mark for his online retail distribution business. The client had already invested a significant amount of time and resources. Harnessing his social media skills, the business prospered on social media and gained partnerships with top tier clothing brands. Not only had my client already registered a business…
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A Second Bite at the Defect Cherry

On 10 June 2020 the Design and Building Practitioners Act 2020 (NSW) (“DBPA”) took effect.The Act contains a number of key changes, including the primary focus of this article which is the effect of the new duty of care on builders. The duty is to exercise reasonable care to avoid financial loss to property owners caused by building defects. The duty is owed to both present and future property…
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Business booming online – don’t forget your Trade Mark!

I recently had a client request the registration of a word and logo trade mark for his online retail distribution business. The client had already invested a significant amount of time and resources. Harnessing his social media skills, the business prospered on social media and gained partnerships with top tier clothing brands. Not only had my client already registered a business…
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The right legal structure for your charity or organisation – tax, risk and beyond

Picking the wrong legal structure in any industry or field can cause significant detriment to a business. However, when done right, will benefit your business’ legal and operational risk, asset protection, tax obligations and even legal costs! A large US charity organisationhad decided to expand its operations to Australia and New Zealand. The organisation had registered a subsidiary company as a…
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Port of Newcastle

Jeremy Kennedy acted in relation to investigation into fire and explosion at Kooragang Wharf 4 when a large gantry crane was being demolished and hot works caused a conveyor belt to catch on fire. This included investigation by the Coroner, SafeWork NSW and NSW Department of Environment. As a result of the legal response to the investigation no prosecution occurred.

Need Help? Call Jeremy Now, 1300 553 343

Downer Mining

Jeremy Kennedy acted on behalf of Downer Mining in 35 unfair dismissal applications commenced by the CFMEU on behalf of mining workers terminated from Boggabri Mine due to loss of mining contract and downsizing of workforce.Jeremy negotiated a successful outcome including the redeployment of the majority of the workforce to other Downer Mining sites.

Need Help? Call Jeremy Now, 1300 553 343

Downer Mining (Boggabri Mine)

Jeremy Kennedy acted on behalf of Downer Mining in relation to an industrial dispute arising from a proposed changes to shift/roster where industrial action was taken on the basis of a Work Health & Safety risk due to a high percentage of the work force being drive in drive out with long distances to travel and up to 16 hour shifts with overtime.Jeremy negotiated an outcome in relation to the roster suitable to all parties and the CFMEU and industrial action proceedings dismissed by agreement.

Need Help? Call Jeremy Now, 1300 553 343

Downer Mining (Wambo Coal Mine)

Undertook a significant investigation into allegations of fraud involving mine resources for personal use by an employee in the construction of his own home where evidence of impropriety was forensically identified, and the employee terminated and with a police investigation being undertaken.

Need Help? Call Jeremy Now, 1300 553 343

International Gaming Technologies Australia Limited

Jeremy Kennedy acted in Federal Court proceedings commenced by an employee terminated for failing to attend a medical examination with respect to Work Health & Safety risks by the employer when the request was made as a lawful direction.The Court’s Judgment resulted in a precedent case for employers to have the power to make a lawful direction that employees attend medical examinations, particularly when in relation to Work Health & Safety risks.

Need Help? Call Jeremy Now, 1300 553 343