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IA – CEPA

Guides to the commencement of the IA – CEPA and other duty reductions

02 July 2020

On 24 June, we delivered a webinar to members of the CBFCA (now IFCBAA) which addressed, in part, the terms of the Indonesia Australia – Closer Economic Partnership Agreement (IA – CEPA) which is to commence on 5 July 2020, as well as the outcomes from the Australian Border Force (ABF) Goods Compliance Update from April 2020.

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The legal life – meet Tamara Cardan

25 June 2020

Tamara is a Tax Counsel in our Tax and Wealth group. Tamara has over 12 years of tax expertise and has represented a broad range of clients including Australian and foreign based corporates, entities in the financial services, high wealth individuals, and non-profit organisations.

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foreign investment

Significant reform on the horizon for Australia’s foreign investment review framework

25 June 2020

The Government has announced proposed changes to the foreign investment review framework to take effect 1 January 2021 following the temporary measures imposed in March 2020.

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industrial manslaughter

Directors avoid prison in first industrial manslaughter conviction

23 June 2020

On 11 June 2020, the Brisbane’s District Court of Queensland convicted a scrap metal company of ‘industrial manslaughter’ following the death of a worker, and its two directors were each convicted of a less serious offence of ‘reckless conduct’.

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wage increase

Preparing for 1 July 2020 (and beyond) – Increases to wages and remuneration

22 June 2020

Annual Wage Review Decision

On 19 June 2020, the Fair Work Commission handed down its 2020 Annual Wage Review Decision. The key elements of the decision are:

  • the national minimum wage will increase by 1.75% from $19.49 to $19.84 per hour from 1 July 20201 ; and
  • a 1.75% increase to full-time minimum wage rates in modern awards.
read more

The legal life – meet Daryl Lim

19 June 2020

Daryl Lim is a Special Counsel in our Corporate & Commercial group. With over 14 years of experience, Daryl’s practice is focussed on corporate M&A and financing transactions.

read more
Supply chain, Australian trade

The Australian trade response to the COVID-19 Pandemic and issues into the future

17 June 2020

This article was first published in June 2020 by Thompson Reuters.

One of the fundamental roles of governments during the COVID–19 Pandemic has been to assist the movement of goods through the international and domestic supply chain as well as to support those providing services in that supply chain. While there has been an understandable focus on movement of Personal Protective Equipment (PPE) and related equipment and medication needed to assist in treatment of those affected by the Pandemic, that focus has not excluded the adoption of measures to assist trade in other goods adversely affected by the significant reduction in air and sea cargo options.

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GST

Don’t forget to adjust your GST on the cancellation of contracts

11 June 2020

Due to the widespread economic impact of COVID-19 which has caused financial uncertainty for many businesses, contracts for the acquisition of goods or services may be cancelled in order to mitigate against further losses.

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data breach, personal information, Privacy Week, Working From Home, Myths V Facts, Data Breach, Personal information

Myth v Fact – We only have to worry about a data breach if we get hacked

10 June 2020

A data breach occurs when personal information is subject to unauthorised access or disclosure or if information is lost in circumstances where unauthorised access or disclosure is likely. A breach must be notified to the Office of the Australian Privacy Commissioner (OAIC) and all affected individuals when one or more individuals are likely to suffer serious harm as a result of the breach.

read more

The legal life – meet Elizabeth Guerra-Stolfa

05 June 2020

Elizabeth Guerra-Stolfa is a Partner and the leader of our Litigation & Dispute Resolution group. With over 30 years of experience, she specialises in complex superior court, specialist tribunal litigation, Royal Commission hearings, mediation and alternative dispute resolution.

read more
Will, probate. superannuation

Wills and Estates 101 – Superannuation death benefits

03 June 2020

In the third of our Wills and Estates 101 series we speak with Rigby Cooke Lawyers Wills and Estates practice lead, Rachael Grabovic, to answer questions around Superannuation death benefits.

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employer superannuation, salary sacrifice

Important changes to employer superannuation guarantee obligations and salary sacrifice arrangements

02 June 2020

The Australian Taxation Office (ATO) has recently released a Guidance Note (GN 2020/1) which contains information for employers, payroll software providers and intermediaries who may need to change the way they calculate their superannuation guarantee obligations.

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The legal life – meet Rhodie Anderson

27 May 2020

Rhodie Anderson is a Partner and group leader in our Planning & Environment team, with expertise covering planning, environment and property. With more than 20 years of experience, Rhodie specialises in planning and environmental law issues for predominantly developer clients.

read more

JobKeeper – Remember to claim for your eligible business participant

26 May 2020

The JobKeeper payment scheme was announced on 30 March 2020 with the objective of providing financial support to entities to assist with the impact of COVID-19. Since that time, there has been a significant amount of information released to explain the complex operation of the scheme, including Treasury Rules, Australian Tax Office (ATO) rulings and guidelines, together with amendments to the Fair Work Act 2009 to enable employers to temporarily vary work arrangements for eligible employees.

read more
employees

Significant decisions re stand down and JobKeeper

26 May 2020

In a busy week for the courts and the Fair Work Commission (FWC), three significant decisions have been handed down related to COVID-19 issues. Brief summaries are set out below:

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Will, probate. superannuation

Wills and Estates 101 – What is Probate and do I need it?

25 May 2020

In the second of our Wills and Estates 101 series we speak with Marcus Schivo, a lawyer in our Wills and Estates team, to answer common questions around Probate and what you need to do.

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Transport & Logistics, Workplace relations, award

Important changes in the Transport & Logistics industry

20 May 2020

There have been a number of developments in recent weeks that all transport and logistics operators with employees need to be aware of.

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Will, probate. superannuation

Wills and Estates 101 – The importance of a valid Will

19 May 2020

In the first of our introductory series which looks into the world of Wills and Estates, we speak to Rosa Bazzanella a Senior Associate at Rigby Cooke Lawyers about some of the questions she frequently encounters in her work.

read more
Supply Chain, COVID-19

Supply chain responses to COVID-19

18 May 2020

This article was first published on 12 May 2020 by Daily Cargo News.

I have previously written the effects of COVID-19 in the international supply chain as well as having presented at meetings and webinars. This included a recent webinar with the Customs Brokers and Forwarders Council of Australia, which was attended by more than 300 members.

read more

The legal life – meet Julia Cameron

15 May 2020

Julia Cameron is a Partner in Rigby Cooke’s Corporate & Commercial group and Practice Lead for the Privacy & Data Protection team with over 10 years of legal experience. Julia specialises in corporate and commercial advice, commercial agreements, transactions, intellectual property and information technology.

read more
Video Witnessing, Covid-19, wills & estates

Video Witnessing in 2020 – Wills and Enduring Powers of Attorney

13 May 2020

Recently we discussed how the COVID-19 pandemic has brought to the forefront the importance of having a Will and Powers of Attorney in place. It has also highlighted the challenges of arranging and executing these documents whilst in lockdown.

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Tax, Covid-19, Corporate

The impact of COVID-19 on corporate tax residency – What is the risk?

13 May 2020

The worldwide impact of COVID-19, which has resulted in countries around the world shutting down their borders and international travel being banned, requires companies to operate online whenever possible.

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Trade, Covid-19,

New Indonesian Free Trade deal to be a bright spot in our trade agenda

11 May 2020

One of the major tasks for government’s around the world are to adopt measures which may assist business to recover and thrive as they plan to move out of COVID– 9 restrictions. As much as national governments have committed to generally keep borders open, there remains the need to actively take action to ensure that commitments are met and that new initiatives are adopted to support further enhancements to the trade environment.

read more
data breach, personal information, Privacy Week, Working From Home, Myths V Facts, Data Breach, Personal information

Privacy Week wrap up – What have we learnt?

08 May 2020

As Privacy Awareness Week 2020 draws to a close we reflect on what businesses can do to ‘Reboot your privacy’ as well as some current hot topics in the Australian privacy space:

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data breach, personal information, Privacy Week, Working From Home, Myths V Facts, Data Breach, Personal information

Data Breach – the first “Class Action” complaint made against Optus

07 May 2020

  • Many Australian businesses must disclose when they have been affected by a data breach
  • While reputational damage is a critical risk for businesses, there is also the threat of monetary penalties of up to $2.1 million and orders of uncapped compensation
  • A representative complaint – similar to a class action – has been made against Optus on behalf of a group of individuals affected by an alleged breach in 2019.
read more
Virtual Meetings. AGM,

Treasurer announces changes to meeting procedures and document signing requirements

07 May 2020

In further recognition of the difficulties faced by companies in meeting strict corporate compliance requirements in a COVID-19 environment, the Treasurer released yesterday a ministerial determination permitting company general meetings to be held virtually and modifying the way companies can execute documents.

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ROSI, Australia, Transport

Australian Government gives green light for Roads of Strategic Importance initiatives

06 May 2020

On Wednesday 29 April 2020, the Australian Federal Government and the Queensland Government announced that works on 22 jointly funded projects would be brought forward under the Roads of Strategic Importance (ROSI) initiative. The full announcement is available here.

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Land Tax, COVID-19

Victorian Land Tax discount and deferral relief to eligible property owners

06 May 2020

The Victorian Government recently announced a range of tax relief measures in response to COVID-19 to assist landlords and businesses. The State Revenue Office (SRO) has now provided further guidance on these initiatives.

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Covid-19, Omnibus, Regulations, Job Keeper

COVID-19 Omnibus Regulations 2020 – the uncertainty continues

04 May 2020

On 1 May 2020 the Victorian Government passed regulations for the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 (the Regulations) giving substance to the National Cabinet Mandatory Code of Conduct (the Code).

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data breach, personal information, Privacy Week, Working From Home, Myths V Facts, Data Breach, Personal information

Privacy and Working From Home

04 May 2020

  • Privacy Awareness Week – an opportunity for all organisations to ‘Reboot your privacy’
  • Organisations are responsible for the actions of their employees – this calls for innovation when ensuring the security of personal and confidential information in the “home office”
  • To be effective, privacy and security arrangements must include appropriate training, clear and documented policies and procedures and management oversight.
read more
enforceable undertaking, Transport

National Heavy Vehicle Regulator accepts first enforceable undertaking

01 May 2020

The National Heavy Vehicle Regulator (NHVR) has accepted an enforceable undertaking from Laing O’Rourke Australia Construction Pty Ltd (Laing O’Rourke). This is the first enforceable undertaking of its kind to be accepted by the NHVR.

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medical equipment, customs

ABF releases details on exemption from customs duty for medical equipment

01 May 2020

During the current pandemic, the focus of many has been on the manufacture of the medical equipment required for the treatment of COVID -19 and their urgent movement through the international supply chain.

read more
JobKeeper. COVID-19

COVID-19 & JobKeeper updates – Latest Legislative and Award Changes

28 April 2020

On 8 April 2020, the Parliament passed legislation to give effect to the Government’s JobKeeper scheme and to amend the Fair Work Act 2009 (Cth) (FW Act) to give eligible employers greater flexibility to modify employees’ working hours, days, duties and location to minimise the impact of the COVID-19 pandemic on their business and seek to preserve jobs.

read more

The legal life – meet Ian Rosenfeld

27 April 2020

Ian Rosenfeld is a Partner in our Corporate & Commercial team. Ian’s expertise also covers intellectual property, branding, information technology, e-commerce, commercial agreements, commercial disputes & negotiation, mergers & acquisitions, transport & logistics agreements, publishing, tenders and contracting.

read more
Wareham v Marsella, Self Managed Super Funds

Wareham v Marsella – Trustees Duties and their implication for Self Managed Super Funds

24 April 2020

Court of Appeal Superannuation Case

Managing your own self-managed superannuation fund (SMSF) brings with it estate planning issues. In addition to contemplating who will be entitled to receive your superannuation death benefit on your death you must also consider who will take control of your fund if you were to lose capacity or die.

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Best Lawyers, Andrew Hudson, David McLoughlin

Best Lawyers success again for Rigby Cooke Partners

17 April 2020

Rigby Cooke is pleased to announce that two of our Partners, Andrew Hudson and David McLoughlin have been included in the Best Lawyers in Australia rankings for 2021.

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corporate reports, Covid-19, ASIC

Time extension for lodgement of corporate reports in impaired COVID-19 business environment

17 April 2020

  • ASIC has recently announced a one month extension for the lodgement of corporate reports
  • Extension is available to unlisted entities.
read more
code, covid-19, tenant, landlord

National Code of Conduct: Know your rights and obligations during COVID-19

15 April 2020

Following on from our previous article regarding leasing rights and obligations during the current COVID-19 pandemic (COVID-19), there have been further developments announced by the Federal Government. If you are after a definitive answer, we’re not quite there yet, but we are getting closer. Code

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The legal life – meet Michael Gough

15 April 2020

Meet Michael Gough, a Partner in our Property group with over 25 years of experience in commercial and residential property development. Michael has significant expertise in hotel acquisition, development and management agreements, transport infrastructure projects, structuring of significant property transactions and advising on property related taxation issues, property financing, planning and land use advice, and regulatory consents and approvals (including FIRB approvals).

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Landlord, COVID-19

Landlords, take advantage of COVID-19 insolvency legislative reform: now is the time to register security interests in cash security deposits on the PPSR

14 April 2020

  • Landlords should register security interests on the PPSR in cash security deposits or cash bonds paid under a commercial or retail leases
read more
COVID-19, Team Working

COVID-19 & JobKeeper – Latest Legislative and Award Changes

09 April 2020

Last night, the Parliament passed legislation to give effect to the Government’s JobKeeper scheme and to amend the Fair Work Act 2009 (Cth) (FW Act) to give eligible employers greater flexibility to modify employees’ working hours, days, duties and location to minimise the impact of the COVID-19 pandemic on their business and seek to preserve jobs. The legislation became law after receiving Royal Assent today.

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Coronavirus (COVID-19) FAQ’s for Employers

09 April 2020

Current as at 1.00pm 9 April 2020

The Coronavirus (COVID-19) pandemic has raised a number of questions for employers. It is important to stay abreast of government regulation in this area as it will impact the decisions you make as a business and the currency and relevancy of our comments below.

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The legal life – meet Rachael Grabovic

08 April 2020

Meet Rachael Grabovic, a Partner in our Wills & Estates team. Rachael provides specialised legal advice on all aspects of wills and estates including; complex estate planning and succession law advice, wills, powers of attorney, personal trusts, personal wealth structuring, asset protection, superannuation, charitable foundations, probate, estate administration and estate litigation. Rachael is also an appointed and qualified notary public.

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Superannuation Guarantee Amnesty, COVID-19

ATO offers some flexibility under the Superannuation Guarantee Amnesty due to impact of COVID-19

07 April 2020

Many employers seeking to take corrective action under the Superannuation Guarantee Amnesty (the Amnesty) may currently be so overwhelmed by the impacts of the COVID-19 pandemic that they do not consider they have the financial resources to apply for the Amnesty.

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Brexit has started but the uncertainty remains

07 April 2020

This article was first published on 6 April 2020 by Daily Cargo News.

At last, the UK has finally started its process to depart the European Union (EU). However, there is still some real uncertainty about what will remain at the end of the departure process.

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Planning for AGMs as the pandemic spreads

07 April 2020

In response to the adverse impact that the COVID-19 pandemic will have on Australian companies’ ability to hold annual general meetings (AGMs), ASIC issued a guidance note – 20-068MR on 20 March 2020 (Guidance):

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Fair Work Commission, COVID-19

Fair Work Commission’s response to the COVID-19 pandemic

06 April 2020

The COVID-19 pandemic and the restrictions implemented by both Federal and State Governments to combat the pandemic have had a substantial impact on businesses and their employees.

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COVID-19, Exports, Australian Federal Government, Australia

Australian Government support for Australian seafood exporters and other COVID-19 developments

02 April 2020

On 1 April 2020, the Australian Federal Government announced a new financial package to support exports of seafood to overseas markets as well as to increase funding of the Export Market Development Grant scheme (EMDG). This is one of a series of financial support packages released as part of Australia’s response to the effects of the COVID-19 pandemic.

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FIRB, COVID-19

Suspension of monetary thresholds for transactions requiring FIRB approval

31 March 2020

From 10:30 pm, 29 March 2020, the monetary thresholds for substantial interests attracting the obligation to obtain Foreign Investment Review Board (FIRB) approval have been reduced to $0.

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Clerks Private Sector Award

Flexibility schedule added to Clerks Private Sector Award

30 March 2020

On Saturday 28 March 2020, the Fair Work Commission (FWC) full bench (presided by President Iain Ross, Deputy President Richard Clancy and Commissioner Michelle Bissett) granted a joint application made by the Ai Group and Australian Chamber of Commerce and Industry on 26 March 2020 to insert a COVID-19 flexibility schedule in the Clerks Private Sector Award (Award). The application was supported by the Australian Services Union and the Australian Council of Trade Unions.

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The legal life – meet Darren Marx

30 March 2020

Meet Darren Marx, a Partner in our Property team. Darren advises on all aspects of commercial property development, sales and acquisitions, and commercial and retail leasing. He has a particular focus on off-the-plan developments, hotels, resorts and tourism, retirement village developments and regulatory requirements, and liquor licensing and gaming law.

read more
Export, COVID-19

New Australian export controls on goods during the COVID-19 crisis

30 March 2020

Further to our update last week, the government has now moved to impose export controls on COVID-19 goods during the present ‘human biosecurity period’.

read more
COVID-19

How will COVID-19 impact your business contracts

30 March 2020

The COVID-19 pandemic is having an unprecedented impact on the economy. The effects of escalating government counter-measures will change the way we do business for the foreseeable future.

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Construction

Construction contracts in the era of COVID-19

27 March 2020

The impacts of COVID-19 mean that key aspects of a construction project may need to be reconsidered. The correct approach will depend on a range of factors, including the stage at which your project is impacted.

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Supply Chain

Australian and international supply chain responses to COVID-19

27 March 2020

In light of the ongoing and increasing impact of COVID 19, here we summarise a few relevant issues in the international supply chain, including at our national border.

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Drafting a Will and Powers of Attorney in self-isolation

26 March 2020

The COVID-19 medical emergency highlights the importance of having a Will and Powers of Attorney in place. Now is the time to ensure you – and your loved ones – are protected by guaranteeing you have valid and effective medical and financial documents prepared.

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border

Countries and States may shut borders, but freight and logistics cannot be interrupted

26 March 2020

With the COVID-19 pandemic continuing to spread and both State and Federal Governments announcing changes to their response policies daily, there has been understandable concern about the continued operation of the supply chain domestically and internationally.

read more
personal information

Protecting personal information in a pandemic

26 March 2020

All Australian organisations are facing unfamiliar challenges and pressures as they manage and adapt their business operations in these unprecedented times. It is definitely not “business as usual”.

However, it is important for businesses not to lose sight of their privacy and data protection obligations during this time. This is particularly so as businesses are collecting more detailed and sensitive information about employees, contractors, visitors and other individuals that interact with their business to help manage the spread of COVID-19 and many workplaces have moved to remote working arrangements.

read more

Addressing COVID-19 concerns in today’s M&A deal environment

26 March 2020

Today’s M&A deal environment is uncertain. Whilst it is still relatively early days, at the time of writing, COVID-19 has already significantly impacted the basic logistics of running the sale process as countries close borders and ban employees from travelling.

read more

COVID-19 flexibility schedule added to Hospitality Industry Award

25 March 2020

Last night, the Fair Work Commission granted a joint Australian Hotels Association and United Workers Union application to insert a COVID-19 flexibility schedule in the Hospitality Industry (General) Award 2010 (Award), which will operate from 24 March 2020 until 30 June 2020, with a possible extension upon application.

read more

VCLGR announces expedited take-away liquor licences

25 March 2020

To support the hospitality industry, the Victorian Commission for Liquor Licencing and Gambling Regulation (VCGLR) has announced a special temporary limited licence free of charge available to current liquor licensees that may be granted within 72 hours from application lodgement.

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Suspension of insolvency laws in response to COVID-19

25 March 2020

On Monday 23 March 2020, the federal parliament passed the Coronavirus Economic Response Package Omnibus Act 2020 (Cth) implementing a range of urgent measures announced by the government on Sunday 22 March 2020.

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Coronavirus pandemic emergency legislation passed by Parliament

25 March 2020

On 23 March 2020, the Federal Government urgently passed legislation to introduce economic stimulus measures to address the impact of the coronavirus pandemic.

The two packages of measures, worth $17.6 billion and $66 billion, combined with the relief provided by the Reserve Bank of Australia and the Government’s support to smaller lenders, brings total support to $189 billion.

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Know your lease rights and obligations

24 March 2020

The current COVID-19 situation brings uncertain and unsettling times.

Rigby Cooke has received several enquiries from landlords and tenants alike regarding their rights and obligations under their lease.

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Annualised wage arrangements

23 March 2020

As part of the 4 yearly review of modern awards (which commenced in 2014 and is continuing), a Full Bench of the Fair Work Commission (FWC) has decided to replace and/or insert an
annualised wage clause in a number of awards.

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Employer successfully appeals workplace defamation claim. Can an employer now say anything they want about an employee?

23 March 2020

The news headlines often report on defamation claims filed by high profile celebrities and politicians.

However, a recent New South Wales decision concerning a child care worker and his ex-employer, a small private sector child care centre shows any Australian workplace is potentially at risk of a defamation claim.

read more

The legal life – meet Tim Kelly

18 March 2020

Meet Rigby Cooke’s Property Partner Tim Kelly, who has over 35 years of experience in the sale and purchase of businesses, trusts and company structures, as well as estate and trusts law. Tim shares his career highlights and some thoughts for those just starting out in their legal career.

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Tax stimulus package for businesses in response to the Coronavirus 

17 March 2020

On 12 March 2020, the Government announced a stimulus package totalling $17.6 billion to address the economic impacts of the Coronavirus outbreak. Included in the package are tax incentives and cash flow assistance for businesses, in order to support investment and help small businesses manage short-term cash flow challenges.

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Litigation Specialist

Recognition for Rigby Cooke Lawyers Planning and Environment team

16 March 2020

Rigby Cooke Lawyers’ Planning and Environment team continue to be recognised for their outstanding work in the planning space in Victoria.

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Blockchain technology

The role of Blockchain in the international supply chain

12 March 2020

Andrew Hudson has recently co-authored a white paper with the Customs Brokers and Forwarders Council of Australia, alongside Scott Carson and Gerardo D’Angelo, with additional contributions from Adam Butler, Tim Gray and Taras Lubczyk.

read more

The risks and consequences of new industrial manslaughter laws

05 March 2020

With the recent introduction of the offence of workplace manslaughter in Victoria, it is important for organisations and their officers to understand the risks should they fail to maintain their health and safety obligations and how the consequences differ across the nation.

read more
Recording workplace conversations

Recording workplace conversations

04 March 2020

Is it lawful? Can it be done in secret? A recent case sheds light on how and when you can record workplace conversations.

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The legal life – meet Greg Bush

04 March 2020

Meet Rigby Cooke’s Construction and Projects Partner Greg Bush, who has over 20 years of experience in providing advice on project delivery strategies, negotiating and drafting of contracts, the administration and management of contracts to maximise clients’ outcomes and avoid disputes, security of payment remedies, and litigation, arbitration and alternative dispute resolution. Greg shares his career highlights and some thoughts for those just starting out in their legal career.

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Superannuation Guarantee Amnesty passes Parliament – Now is the time to act

26 February 2020

On 6 March 2020, the legislation introducing the Superannuation Guarantee Amnesty (amnesty) received Royal Assent.

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Company directors personally liable for unpaid GST

What corporate veil? Company directors personally liable for unpaid GST

25 February 2020

From 1 April 2020, in a significant extension to the director penalty regime, company directors will be personally liable for unpaid GST (including luxury car tax and wine equalisation tax).

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Short-stay accommodation is not just in Victoria for a short stay

24 February 2020

Although short-stay accommodation is not a new concept, the introduction of AirBnB (also known as ‘AirBed and Breakfast’) and similar short term letting agencies created a worldwide phenomenon resulting in an upsurge in short-stay rentals.

read more
Litigation Specialist

Rigby Cooke Lawyers’ Workplace Relations expertise recognised

21 February 2020

Rigby Cooke Lawyers’ Workplace Relations team continues to be recognised for their outstanding work in Employment Law and Workplace Health & Safety Law in Victoria.

read more
impacts of the coronavirus

The whole world of trade is getting sick from the coronavirus

18 February 2020

I had previously published an article on 28 January 2020 with some early thoughts on the possible impacts of the coronavirus. However, as matters have progressed, I thought that it warranted an update.

read more
foreign trust

Your discretionary trust will be deemed a ‘foreign trust’ from 1 March 2020

14 February 2020

Are you considering purchasing Victorian property through a discretionary trust? Think again, because from 1 March 2020 the State Revenue Office (SRO) will deem all discretionary trusts to constitute foreign purchasers.

read more
European Union

Brexit – the formal start but not the practical end just yet

12 February 2020

This article was first published by AirCargo Magazine.

Well, it finally happened. 1,317 days, two elections and a number of pieces of legislation after the UK referendum voted to leave the European Union (EU), the departure procedures commenced.

read more

The legal life – meet James Donoghue

11 February 2020

Meet Rigby Cooke’s Corporate & Commercial Partner James Donoghue, who has over 30 years of experience in managing large corporate and project development transactions both within Australia and overseas. James shares his career highlights and some thoughts for those just starting out in their legal career.

read more
brexit

Some current events and future predictions for 2020

06 February 2020

This article was first published by Daily Cargo News.

As I write these words (8 January 2020), we are swaying on the precipice of escalation of warfare between the US and Iran. We are also stunned by the ongoing bushfire disaster which is taking the lives of animals and people as well as destroying properties and countryside.

read more
Vita gummies

A predicament? No a medicament!

05 February 2020

The High Court decision on the tariff classification of ‘Vita gummies’ and ‘Garcinia weight-loss preparation’. 

We have previously written at length on decisions of the Administrative Appeals Tribunal (AAT), or State or Federal Courts on the classification of goods for customs purposes. The classification of goods is a vital process as many things follow from that classification including rates of customs duty, the need to pay dumping or countervailing duty and whether the goods are prohibited or need permits or licences.

read more

The legal life – meet Sam Eichenbaum

03 February 2020

Workplace Relations Partner Sam Eichenbaum has been named as one of Victoria’s leading employment lawyers in the Doyles Guide for five years in a row. Sam shares his career highlights and some thoughts for those just starting out in their legal career.

read more
coronavirus

China catches a coronavirus and the global economy and its trade may get very ill

28 January 2020

This article was first published by Daily Cargo News.

As I write this article, news of the spread of the ‘coronavirus’ becomes worse on a regular basis. According to today’s media, nearly 60 million people in China’s largest cities are in lockdown, there are 2700 confirmed cases and 80 people have died.

read more
Phase One

The US and China trade agreement – Phase One

20 January 2020

This article was first published by Daily Cargo News.

Only the beginning of the end of tension?

In much the same way that Australia welcomed rain this week, the release of ‘Phase One’ of the US and China Agreement had led to some degree of relief and confidence in the commercial and financial world.

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Australia - Hong Kong Free Trade Agreement (A - HKFTA)

Australia – Hong Kong Free Trade Agreement (A – HKFTA)

17 January 2020

The Australia – Hong Kong Free Trade Agreement (A – HKFTA) starts today, 17 January 2020. This will include preferential rates of customs duty for certain classifications of goods along with more opportunities for investment and trade in services.

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CGT concession

New hurdle to overcome in accessing the small business CGT concessions – Federal Court narrows the active asset test

13 January 2020

The ‘active asset test’ for the purpose of accessing the small business capital gains tax (CGT) concessions has effectively been narrowed, due to a Federal Court decision which held that land used to store business assets and materials was not an active asset. The decision sets a new ‘direct functional relevance’ test, which will create difficulty for business owners in accessing the concessions.

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Congratulations to our newly promoted Associate

09 January 2020

Rigby Cooke Lawyers is proud to recognise the exceptional work of our legal staff by announcing the promotion of Ed Cormie to Associate in our Litigation & Dispute Resolution team.

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The legal life – meet David McLaughlin

08 January 2020

Meet David McLaughlin, who leads Rigby Cooke’s Workplace Relations team.

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rare defeat at the WTO

Australia suffers a rare defeat at the WTO

16 December 2019

This article was first published by Daily Cargo News.

While much debate surrounds the operation of our anti-dumping legislation in practice, it may be a surprise to some that we did not create the regime unilaterally. Our regime takes its origin from Article VI of the General Agreement on Tariffs and Trade 1994 (GATT).

read more
Tenders

Tenders: high rewards but high risks for the manufacturing industry

11 December 2019

Governments and, increasingly big companies, are using tender processes (including Request for Proposals and Request for Tenders) to award contracts to Australian manufacturers.

read more
Work cover claims

The price of safety goes up for employers! 

11 December 2019

Australian manufacturers know that safety must be part of the business culture. Manufacturing has always carried a high risk of physical injury.

read more
CBFCA Conference

Thoughts and themes from the CBFCA National Conference

10 December 2019

This article was first published by Daily Cargo News.

I have been in the fortunate position of being involved with the Customs Brokers and Forwarders Council of Australia (CBFCA) for a number of years.

read more
removal of CGT main residence

Controversial removal of CGT main residence exemption for foreign residents

05 December 2019

Legislative measures are currently before Parliament, which will operate to deny foreign residents the ability to access the capital gains tax (CGT) main residence exemption upon the disposal of their Australian dwelling.

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