MADISON BRANSON LAWYERS
Publications
New laws target illegal phoenix activity
As at 18 February 2021, the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) (“Act”) came into operation, which saw significant amendments to the Corporations Act 2001 (Cth) (“Corporations Act”), including the introduction of a number of changes concerning company directorships. Illegal phoenixing Illegal phoenixing involves creating a new company to continue the business of an existing company by stripping and transferring the assets of the existing company to the new...
National minimum wage set to increase on 1 July 2020
PUBLICATIONS National minimum wage set to increase on 1 July 2020Jun 23, 2020 On 19 June 2020, the Fair Work Commission (“Commission”) decided to increase the national minimum wage (“NMW”) from 1 July 2020 by 1.75%, which sees the NMW raised to $753.80 per week ($19.84 per hour). A copy of the Commission’s decision (“Decision”) can be found here. The increase will be applicable to modern awards, but the Commission has determined to apply a staggered approach to implement the increase across...
Update your Wills and Powers of Attorney now – New Victorian regulations allow electronic signatures and witnessing of documents by audio-visual link
PUBLICATIONS Update your Wills and Powers of Attorney now – New Victorian regulations allow electronic signatures and witnessing of documents by audio-visual linkMay 18, 2020 On 12 May 2020, the Victorian Government enacted the COVID–19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020 (“Regulations”) to facilitate the execution of certain documents electronically, and to allow the witnessing of the signing of documents to occur by audio-visual link, such as...
Revocation orders made under the Proceeds of Crime Act 2002 (Cth)
A restraining order1, which has been made under the Proceeds of Crime Act 2002 (Cth) (“POCA”), prohibits the disposal of, or dealing with, property that is the subject of that
order.
There are some ways to overcome a restraining order, such as by applying to revoke a restraining order and/or by applying to exclude property from a restraining order (the most common).
Rebate statements: Agent’s commission at risk!
In an important update for estate agents, on 19 April 2018, in Advisory Services Pty Ltd (t/a Ray White St Albans) v Augustin & Anor [2018] VSCA 95, the Supreme Court of Victoria (Court of Appeal) found that an estate agent was not entitled to claim commission on the basis that the agent’s authority did not follow the wording pursuant to the Estate Agents Act 1980 (Vic) (“Act”).
Restraining orders made under the Proceeds of Crime Act 2002 (Cth)
PUBLICATIONS National minimum wage set to increase on 1 July 2020Jul 1, 2019 The Proceeds of Crime Act 2002 (Cth) (“POCA”) is complex legislation and is often described by judges as draconian. Its principal objects are designed to deprive persons of the proceeds of offences, the instruments of offences, and benefits derived from offences, against the laws of the Commonwealth or the non-governing Territories. Other principal objects include depriving persons of unexplained wealth amounts that...
