MADISON BRANSON LAWYERS

Publications

National minimum wage set to increase on 1 July 2020

National minimum wage set to increase on 1 July 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 each of the awards. In order for this to happen, the Commission has organised...

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Update your Wills and Powers of Attorney now – New Victorian regulations allow electronic signatures and witnessing of documents by audio-visual link

Update your Wills and Powers of Attorney now – New Victorian regulations allow electronic signatures and witnessing of documents by audio-visual link

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 deeds, mortgages, statutory declarations, powers of attorney and wills. The Regulations, which are temporary[1]: modify the Electronic Transactions (Victoria) Act 2000 (“Act”) to...

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Revocation orders made under the Proceeds of Crime Act 2002 (Cth)

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).

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Rebate statements: Agent’s commission at risk!

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”).

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Restraining orders made under the Proceeds of Crime Act 2002 (Cth)

Restraining orders made under the Proceeds of Crime Act 2002 (Cth)

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 the person cannot satisfy a Court were not derived from certain offences, and...

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