The Australian funeral services sector has attracted the attention of the ACCC for all the wrong reasons. Propel Funeral Partners Ltd (Propel), a publicly listed company, has been ordered to pay penalties for misleading consumers about the ownership of its funeral homes. Two Propel-owned funeral homes, one in Taree and another in Townsville, have been …
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We previously published an article about the Federal Government’s legislative response to the economic impact of COVID-19 and the introduction of the Coronavirus Economic Response Package Omnibus Act 2020 which came into force on 25 March 2020. You can view this article here. The purpose of the legislative changes was to ease the financial impact …
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All company directors will soon be required to apply to ASIC to obtain their own unique Director Identification Number (DIN). The Treasury Laws Amendment (Registries Modernisation and Other Measures) Bill (the Amendment), part of the Government’s legislative package to introduce the Commonwealth Registers Act, has now passed both houses of parliament. Pending royal assent, it …
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On Tuesday, 7 April 2020 the Commonwealth Government released a Mandatory Code of Conduct (the Code) containing a set of principles aimed at commercial tenancies to address the COVID-19 pandemic. States and Territories are to legislate the Code which would implement a set of good faith leasing principles that governs commercial tenancies including retail, office …
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The NSW Government have temporarily suspended requirements for documents to be witnessed in person, in light of COVID-19. Legislation passed last week (Electronic Transactions Amendment (Covid-19 Witnessing of Documents) Regulation 2020) allows certain legal documents to be witnessed by way of audio visual link. This means that NSW residents no longer need to leave their …
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You’ve probably seen a joint and several clause in a contract before. It reads something like “Each Borrower agrees it is jointly and severable liable for the debt”. Or “an agreement on the part of two or more persons binds them [jointly and not severally/severally and not jointly/jointly and each of them severally]. “Jointly” means, …
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In 2018, Modern Slavery Acts were passed by both the Federal and NSW State Governments in order to regulate the risks of modern slavery in corporate operations and supply chains. These Acts attempt to address the gross breaches of human rights that occur daily, involving layers of deception, manipulation and vulnerability, culminating in many individuals, …
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Federal Court makes ruling on licensing of unregistered trade marks in Peanut Butter dispute. You may have noticed a change in the branding of your favourite peanut butter recently. In 2017, the Kraft peanut butter business was purchased by Bega Cheese. Central to the Kraft products is their instantly recognisable, bright yellow packaging design which …
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A raft of new provisions were introduced recently under the Associations Incorporation Act 1991 (ACT), and notably those which deal with material personal interests. Here is what you need to know. What are material personal interests Committee members have obligations (and are subject to penalties) under Part 4 of the Act that relate to: declaring …
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A controversial shake up to Australia’s data laws came into force in December 2018. The Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (the Amendment) amended several pieces of legislation to enable the Government to access the communications of individuals in the name of national security. The Amendment was passed to make it …
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