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.
Each state and territory has its own retail tenancy legislation which are all different and all of which are unavoidable and override lease provisions if they apply. Whilst the specifics of the legislation differ the intention and rationale behind the legislation is the same and there are numerous general common features.
It is not uncommon for a landlord to receive notification without warning from an administrator of a corporate tenant advising that the tenant has entered into administration. The following article provides tips for landlords when they have a tenant in administration.
Most Australian entities will now be aware that the Modern Slavery Act 2018 (Cth) (Commonwealth Act) commenced on 1 January 2019.
However, you may not be aware that the NSW government has recently passed its own Modern Slavery Act 2018 (NSW) (NSW Act), which will commence on 1 July 2019.
In the following article we have summarised the key points you should be aware of: obligations under the Commonwealth Act, we explain how the NSW Act has a wider range than the Commonwealth Act and finally what you should do to prepare for the NSW Act.
It is quite common for charities to provide gifts or honorariums to individuals who are important to their organisations as a gesture to express their gratitude and appreciation. However, as registered entities with the Australian Charities and Not-for-profits Commission (ACNC), charities are required to comply with the ACNC's Governance Standards when applying its resources. Therefore, careful consideration should be given to certain potential legal issues and financial reporting requirements when making the decision to provide gifts or honorariums.
