Further to our update circulated on 28 May 2020, the QLD Government that same day after we had finalised the update published its Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 (Regulation). We have summarised some of the key points of the Regulation in this update.
In response to the Coronavirus pandemic, the Prime Minister announced on 7 April 2020 the introduction of a Mandatory Code of Conduct (“National Code”) for commercial tenancies. For more information regarding the National Code, please refer to our earlier article, here. The National Code has been given effect in most states and territories through legislation and regulation.
We have summarised in this article the current status in each state and territory as at 28 May 2020.
In the hope of protecting the national economic interest, the Government following the Treasurer’s announcement on Sunday, 29 March 2020 introduced new Foreign Investment Review Board (FIRB) temporary measures to foreign investment transactions that are subject to the Foreign Acquisitions and Takeovers Act 1975 (Cth) (the Act).
Both commercial and residential landlords alike would agree that land tax is one of the biggest imposts of owning property in Australia. For some landlords, land tax liabilities are difficult enough to meet at the best of times, let alone during the uncertainty of COVID-19.
Given that this is an evolving topic, we seek to break down the NSW Government’s response in terms of support and flexibility during COVID-19 as of today’s publishing date (20 April 2020).
Weber v Greater Hume Shire Council [2019] NSWCA 74
The following NSW Court of Appeal decision highlights the importance of councils and businesses to consider their duty of care and take reasonable care to avoid the risk of personal injury or property loss caused by the escape of a fire.
The end of year staff party is a great way to show employees your appreciation for their hard work during the year, and builds team morale. However, the Christmas party often brings with it some avoidable issues.
Without being labelled “the fun police”, employers can follow these simple tips to make the party a fun night for everyone, including management!
Since the announcement of the National Redress Scheme for Institutional Child Sexual Abuse, many NSW non-government schools have been uneasy about whether they may inadvertently breach Section 83C of the Education Act if required to make a funding contribution (Funding Contribution) under the National Redress Scheme for Institutional Child Sexual Abuse Act (2018) (Cth).
From 11 October 2019, the Education Regulation 2017 (NSW) was amended to allow non-government schools to make redress payments without contravening Section 83C provided they can demonstrate that they did not use government financial assistance to make a Funding Contribution.
In recent years, many charities and other NFPs have found themselves in a position where they need to consider restructuring.
We suggest that a charity or other NFP familiarise itself with the potential issues it faces in respect of a proposed restructure. We have summarised common reasons we have seen for restructuring and important factors that a charity or other NFP should consider.
A valuable decision about a landlord’s power to withhold consent to an assignment of a NSW retail shop lease was handed down recently in the Supreme Court of New South Wales.
For registered charities operating overseas or working with a third party overseas, there is a new set of standards that they must comply with in addition to the existing ACNC Governance Standards in this new financial year. On 22 July 2019, the External Conduct Standards officially came into effect and became the new Division 50 of the Australian Charities and Not-for-profits Commission Regulation 2013 (ACNC Regulation).
A recent New South Wales Civil and Administrative Tribunal (the Tribunal) decision raises important points to consider when drafting or considering the termination provision of a lease.
When an existing lease expires, a tenant may have the “option” to renew the lease. Essentially a tenant has the right to have a new lease granted to them on the same terms as the existing lease. However, the rent will be reviewed in accordance with the rent review terms of the existing lease.
So, what should a landlord be aware of when the initial term of a lease is coming to an end?
We have put together a handy checklist for landlords.
