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You need to lift big to gain big (damages)

Powell v JFIT Holdings t/as New Dimensions Health and Fitness Centre - [2020] NSWDC 264  
Blog

Demise of the Phoenix – new identification requirements for directors

In recent years, the Commonwealth Government has made efforts to deter and penalise phoenix activity in order to protect those who are negatively affected.  One of those efforts is the DIN requirement for directors, which is poised to disrupt phoenixing and deliver additional benefits.
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Win for insurers short-lived: NSW Court of Appeal overturns approach for addressing claims for luxury replacement vehicles

On 27 September 2019, we provided an update on the developments in the law relating to the vehicle hire industry, particularly exorbitant claims by plaintiffs for prestige (or luxury) replacement vehicles following vehicle accidents negligently caused by others.  A very recent NSW Court of Appeal decision has altered this position and we discuss the implications of the decision for the vehicle hire industry and insurers, below.
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How will the Annual Wage Review impact your business?

The Fair Work Commission has recently handed down its decision on the Annual Wage Review 2019–20. The national minimum wage will increase by 1.75%.
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Major change for NSW developers in relation to serious building defects

The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) passed swiftly through the NSW Parliament and was assented to on 10 June 2020.  This is part of the government’s response on buildings that may have serious defects, including non-complaint cladding or buildings with Mascot Towers type issues.  
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NSW nominations open on 15 June for the Skilled Work Regional (Provisional) visa (subclass 491)

Hicksons Partner and Registered Migration Agent, Najeh Marhaba, has welcomed the announcement of the opening of NSW nominations for the Skilled Work Regional (Provisional) visa (subclass 491). This visa is for up to 5 years and provides a pathway to permanent residency.
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Dangerous Recreational Activity

The treacherous path involved abseiling 10m down a sheer rock face and walking barefoot on wet rugged terrain and tidal rocks. While walking across a 30cm rock platform with a 4m drop, Ms Nihil slipped and fell. She was air-lifted to Royal North Shore Hospital having suffered injuries to her toes, feet and heels. After 3 months in a wheelchair, she was fortunately able to ambulate once again but continued to suffer ongoing impairment which she said brought her modelling career to a premature end.
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Amendment to the Corporations Act - technology use

The law now allows technology use for company meetings and execution of documents. This change was made in response to the social distancing and health requirements amid the Covid-19 pandemic.
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New laws in flight to combat the rise of the phoenix

The Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) is in full flight, which has put in place key changes aimed at enhancing disruption of phoenix activity and powers to prosecute directors and other professional advisors who engage in or facilitate phoenix activity.  
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The uncertainty surrounding the term long term casual causes a cash flow crisis for thousands of businesses weighing up the JobKeeper scheme

The whole question of whom is a casual employee in Australia is in a state of confusion.   Ever since the Full Court of Federal Court in 2018 decided to fundamentally change the pragmatic approach of the Fair Work Commission, essentially finding that any casual employee with a reasonable expectation of on-going employment is really a permanent employee, the law on this issue has been in state of confusion.  
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COVID-19 National Cabinet Mandatory Code of Conduct (Commercial and Retail Leases) - Bulletin 1

We all know, the recent spread of COVID-19 in Australia has brought unprecedented and complex challenges to commercial and retail Landlords. This rapidly evolving crisis has caused considerable stress to Landlords, particularly with regards to corresponding with and responding to tenants in financial hardship due to the crisis, as well as dealing with their own financial considerations.
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Guidelines for JobKeeper-qualifying-employers in managing employees

For qualifying employers, the Australian Federal Government’s $1,500 (pre-tax) JobKeeper wage subsidy (JobKeeper Subsidy) was enacted on Thursday, 9 April 2020 with the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 (Cth).   The JobKeeper Subsidy will be available for a period of six months, between 30 March 2020 and 28 September 2020 (JobKeeper Period).  
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Insolvency Laws to change amidst unprecedented times

The Federal Government has announced proposed changes to insolvency laws to assist with efforts to help vulnerable Australians and businesses in these unprecedented times.  
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Bulletin – COVID-19 and measures regarding employees

The crisis we are facing needs no explanation and it raises so many questions for employers. This guide reflects our thoughts at this point in the cycle of this unprecedented global event. 
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Avoiding discrimination is more than just basic compliance

Discrimination law is founded upon the notion of inherent dignity and inalienable rights. Perhaps the watchwords which summarise the principles protected under anti-discrimination legislation are equality, inclusionand opportunity.

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