Active Law – what else we do

Our expertise in Business, Property and Workplace Law is complemented by our ability to provide commercially effective advice, as well as practical strategies and solutions across the areas of:    Commercial Disputes/Litigation Commercial dispute resolution [...]

Pro-Active Newsflash: the new ‘consumer’ and what that means for business

Coming into effect as of 1 July 2021 (yes, that’s not till next year but read on…), the financial threshold to determine whether a person is a ‘consumer’ within the meaning of the Australian Consumer [...]

Fair Work Ombudsman announces its priority list – Are you on the list?

On 13 July 2020, the Fair Work Ombudsman (FWO) announced its strategic priorities for the 2020-2021 financial year. These priorities are in addition to providing workplace support through the COVID-19 pandemic and the FWO’s ongoing [...]

DINs for life – The introduction of Director Identification Numbers

The federal government is bringing in a new regime whereby every company director will be assigned a lifetime unique “Director Identification Number” or “DIN”.     Why? One of the driving forces behind this new regime [...]

COVIDSafe App and employee rights

With the introduction of the COVIDSafe app, protections were added to the  Privacy Act 1988 (Cth) (the PA). Consequently, the Fair Work Commission recently released an update to their General Protections bench book to include [...]

So, what is the real story about casual employees?

The Federal Court released its decision of WorkPac Pty Ltd v Rossato  [2020] FCAFC 84 (Rossato), about casual employees in the mining industry and their access to paid entitlements on 20 May 2020. Since then, [...]

Returning to the Workplace – Post COVID-19

The COVID-19 outbreak has challenged workplaces around the country, testing the robustness of existing workplace standards and individual expectations. In forcing workers out of the workplace, to continue working in their homes, employers had to [...]

Retail Shop Leases & Commercial Leases – COVID-19 Emergency Response Regulation 2020

The Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 was enacted on 28 May 2020. The purpose of the regulation is to mitigate the effect of COVID-19 and also specifically to [...]

Help for Small Businesses to Recover from COVID

Everyday we see the effects of COVID-19 restrictions on small businesses. While our team do what they can to help  local small businesses  survive the current COVID-19 restrictions and business downturn,  unfortunately some financial challenges [...]

Active Law – Preferred Legal Partner of ACS Queensland Branch

Active Law is pleased to announce that we have partnered with the Queensland branch of the Australian Computer Society (ACS) as their Preferred Legal Partner, providing their members with high-quality legal services. Our team will [...]

Pro-Active Newsflash: temporary relaxation of rules around company meetings & signing documents

As of 6 May 2020, the operation of the Corporations Act 2001 (Cth) has been modified to help companies cope with the impact of COVID-19 and now provides for virtual meetings and the execution of [...]

Legal Update – Fair Work Ombudsman activities – are you in their sights?

The Office of the Fair Work Ombudsman (FWO) has undertaken audits across the country, in the last few years, with the aim of ensuring that employers understand and comply with their obligations under the Fair [...]

Contract Risks Series Part 1: handshake deals & COVID-19 don’t mix

A broker, a businessman and a couple of investment bankers walked into a bar… sounds like the start of a very bad joke. Even more so, given the current COVID-19 crisis with bars closed and [...]

COVID-19 Update: JobKeeper Payment

On 30 March 2020, the Federal government announced implementation of the wage subsidy package to assist business owners and operators to keep their businesses functioning and people employed through the COVID-19 pandemic. Whilst approximately 500,000 [...]

National Cabinet Release – Mandatory Code of Conduct for Commercial Tenancies

A mandatory commercial tenancies code of conduct ("the Code") has been released by the National Cabinet. It will be legislated and regulated in each State and Territory to guide Landlord and Tenant negotiations during the [...]

Employment Update – What is Stand Down?

With COVID-19 control measures being escalated, the effect on many workplaces creates a lot of questions around how senior managers will manage the downturn and how they will handle their staff. The situation is changing [...]

Legal Alert – Planning for a pandemic – managing the risks and impacts on your organisation

Following up from our recent newsletter (Legal Alert - Coronavirus and your employment arrangements) about managing the risks of coronavirus in your organisation, we look at why you should be planning for the possibility of [...]

Legal Alert – Coronavirus and your employment arrangements

The current Novel Coronavirus outbreak is creating challenges on many fronts as governments around the world act to stem the spread of the disease. At the time of writing this, Australia has 14 confirmed cases [...]

Selling or buying a business: asset sale or share sale?

For those old enough to remember: I liked the [business*] so much, I bought the company! × *Ok, it was the shaver, but you get the idea – is selling or buying the business assets [...]

Selling your business? Employee entitlements may catch you out

Negotiating employee entitlements in the sale of a business can be tricky and it’s important for sellers to be aware that out of the proceeds of sale they may be responsible for employee entitlements.    [...]

Termination for Insolvency: Not so fast!

You hear on the grapevine that a company that you have contracted with is “going under”. Quickly pulling the dusty contract out of your bottom drawer you flick through to the termination clauses and voila! [...]

New Team Member – Phillipa Hooper

Phillipa joins Active Law as a Senior Associate. Phillipa has over 20 years of local and international experience (having lived and worked in both the United Kingdom and United Arab Emirates) across a diverse range [...]

Restraint of Trade Article

Restraint of trade clauses are commonly used by businesses (employers) to protect their business interests from being sabotaged by former (or in some cases current) employees.   We have noticed that employers are commonly including [...]

Business Law – Companies Signing Contracts

A company can enter into a contract in several ways.  However, most people do not check that the person signing a contract on behalf of a company has the authority to do so.  If they [...]

Business Law – Permitted Use of Business Premises – never assume approvals have been obtained

When buying a business, a Buyer should always conduct a town planning/zoning search of the premises from which the business is being conducted.  Such a search should preferably be undertaken before the contract is entered [...]

Property Law – The 55 million dollar question – When is close enough not good enough?

“Close enough is good enough” - It’s the adage the perennial corner cutters of the world live by. For some, close enough is good enough. However, if you were to ask Santos Limited right now, [...]

Property Law – Benefits of Registering a Lease – A Tenant’s Perspective

In Queensland, it is generally well understood that it is not a requirement to register a lease.  However, a lease for a term of more than three years or containing options to renew should be [...]

Property Law – Paper Certificates of Title – The world as we know it is changing

Paper Certificates of Title – The world as we know it is changing The way in which the Titles Registry deals with paper certificates of title (paper CTs) will change before the end of 2019. [...]

Business Law – Security Interests in Business Sales – start the release process early

We find that most clients who are selling their business are unaware of the sheer number of Security Interests that have been registered over their company, business or business assets on the Personal Property Securities [...]

Employment Law – When is an employee no longer an employee?

We have recently had an influx of employment disputes across a variety of job industries. Despite no two cases ever being the same, it appears that there are recurring themes that are plaguing employers. Concerningly, [...]

Business Law – Beware the Letter of Intent

Regardless of whether you are acting for a Landlord or a Tenant, inevitably you will be presented with a document already signed or to be signed setting out the commercial terms of a lease.  The [...]

Business Law – Are you compromising the value of your business goodwill?

For people who are considering selling or purchasing a business, understanding what the value of the goodwill of the business is, is important as it impacts on the purchase price or tax considerations of the [...]

New Team Member – Mitchell Scott

Mitchell joins Active Law as an Associate in the Litigation and Dispute Resolution Division of our Firm. Mitchell comes from a boutique litigation firm where he gained knowledge and experience as a litigator in various [...]

Business Law – Director Penalty Notices – the Sword that Pierces the Corporate Veil

In my time in the legal profession, I have seen far too many directors of private companies fall victim to the Australian Taxation Office (ATO) for no reason other than plain ignorance of their obligations [...]

Property Law – Taking Security from Tenants

A recent decision of the New South Wales Court of Appeal (Hosking v Extend N Build Pty Ltd (2018) NSWCA 149) has highlighted the need for Landlords to give careful consideration to the nature of [...]