vLex Australia

*This information is accurate as of 4:00pm on 20 May 2020 and is subject to change as this situation evolves. On 7 April 2020, the National Cabinet issued a Mandatory Code of Conduct (the Code), which imposes a set of good faith leasing principles that apply to certain commercial tenancies experiencing financial stress or hardship because of the COVID-19 pandemic. (See Article)

It is now well publicised that as part of the Coronavirus Economic Response Package Omnibus Act 2020 (Cth) directors will effectively be relieved from personal liability for insolvent trading if they can establish that a debt was incurred. (See Article)

The Australian Government has announced a three step plan for getting Australians back to work. Principal in this plan is the need for employers to implement a safe return to work plan. But what does this mean? (See Article)

An article written by Stanley Drummond drew my attention to an interlocutory decision of the Western Australian Supreme Court from earlier this year, Longbottom v Nulis Nominees (Australia) Ltd [2020] WASC 21 (available on AUSTLII). The plaintiff sought damages based on an alleged psychiatric illness. The plaintiff had no objection to submitting to a medical... (See Article)

With thanks to Awash Prasad for drawing my attention to the recent decision Dental Board of Australia v Trijo [2020] VCAT 558 (available on AUSTLII), which addressed the examination and treatment under general anaesthetic of patients with intellectual disability. The conduct allegations focused on the dental treatment, over the space of a weekend, of five... (See Article)

COVID-19 and medical litigation – More than just the obvious is an advance copy article by Professor Anne-Maree Kelly. The author notes that changes to the health system due to COVID-19 have been wide ranging and not limited to suspected or confirmed cases. Some treatments recognised as the standard of care have been curtailed. Patients... (See Article)

Salmonella in raw fish has been identified by Food Standards Australia New Zealand as an emerging food safety risk. For 2019, Food Standards Australia New Zealand (FSANZ) also noted two ongoing issues and kept a watch on eight other food safety issues, according to an annual report on emerging and ongoing issues. Issues are identified... (See Article)

Following an appeal by the Commissioner of Patents, a Full Bench of the Federal Court of Australia has overturned a decision of a single judge of the Court relating to the patent-eligibility of a computer-implemented invention.  The Full Court has ruled that a claimed method and system, developed by Singapore-based Rokt Pte Ltd, for providing... (See Article)

New legislation imposes stronger privacy protections on Australia’s planned contact-tracing app. “The Australian government’s coronavirus tracing app will have stronger privacy protections under legislation which has passed Parliament,” reports The New Daily. “People found accessing the data without authorization will face up to five years’ jail and fines of $63,000. Businesses refusing to serve people... (See Article)

Zombie companies be be incentivized by the COVID-19 government fiscal and stimulus measures. (See Article)

*This information is accurate as of Wednesday 20 May and is subject to change as this situation evolves. Welcome to our guide on industry collaboration approved by the Australian Competition and Consumer Commission (ACCC) due to COVID-19. Please see full Publication below for more information. (See Article)

On 15 May 2020, the COVID-19 Emergency Response (Further Measures) Amendment Act 2020 (the Act) and the COVID-19 Emergency Response (Commercial Leases No. 2) Regulations 2020 (the Regulations) came into force in South Australia. The Act and the Regulations overhaul the initial legislative package released by the South Australian Government in April 2020 and provide for the regulation of commercial leases during the COVID-19 pandemic. (See Article)

Australian courts can play an important role in creating a stronger corporate and business rescue culture to help financially distressed but long-term viable entities. (See Article)

More than 30 people have fallen ill from Salmonella poisoning in a suburb of Melbourne, Australia. Officials are investigating a link to Lincoln Bakery Café in Carlton. The shop was closed on May 8. A total of 36 people who are thought to have eaten there before onset of symptoms are affected with enquiries ongoing... (See Article)

The NSW Law Society has drawn attention to the recent reference to the Parliamentary Joint Committee on Corporations and Financial Services for inquiry and report by 7 December 2020. The terms of reference are: Whether the present level of regulation applying to Australia’s growing class action industry is impacting fair and equitable outcomes for plaintiffs,... (See Article)

Last month, I wrote about IP Australia’s release of the Australian Intellectual Property Report 2020 (‘IP Report’).  I focused in particular on data included in the ‘Patents’ section of the report, and raised some questions about the methodology and the accuracy of some of the results presented.  I am pleased to say that IP Australia... (See Article)

Due to COVID-19, several countries have passed (or propose to pass) coronavirus-relief legislation for business directors in financial distress. (See Article)

  COVID-19 and the Law of Australia, written by Emrys Nekvapil, Maya Narayan and Stephanie Brenker, is an online textbook, organised by subject area, providing guidance on the laws made by the legislature, executive and judiciary (and administrative tribunals) of the Commonwealth and each State and Territory in response to the COVID-19 pandemic. Chapter 1 provides an overview of the text and... (See Article)

Appeals to the Federal Court of Australia arising from NDIS plan disputes remain quite rare, but reasons for judgment were published in one such appeal this week. Thank you to Francesca Davis for drawing it to my attention. The mattter is that of National Disability Insurance Agency v WRMF [2020] FCAFC 79 (available on JADE). The... (See Article)

*This information is accurate as of 5.00 pm on Wednesday, 13 May 2020 and is subject to change as this situation evolves. IMAGINE FOR A MOMENT… … that you are a service provider. COVID-19 has resulted in a significant deterioration of your business and despite the beginnings of relaxation of restrictions, any real recovery is "way off". (See Article)

As you will recall, the view of many is that enterprise bargaining in Australia has run its course. Essentially the view is that there’s little incentive for an employer to bargain (beyond avoiding harm to the business through a tumultuous bargaining campaign) nor for employees who, for some time, have only managed to extract very... (See Article)

May 12, 2020 Norton Rose Fulbright today launched its survey analysing regulatory and policy issues applicable to COVID-19 contact tracing and related tracking technology across 18 jurisdictions. The global survey explores key issues across Australia, Canada, China, France, Germany, Hong Kong, Italy, Indonesia, Russia, Poland, Singapore, South Africa, Thailand, The Netherlands, Turkey, UAE, UK and... (See Article)

The Insurance Council of Australia recently launched the 2020 General Insurance Code of Practice (GICOP). The new GICOP continues the evolution of insurer self-regulation which commenced in 1994 and, like its previous iterations, promotes protection of consumers and other policyholders at various touchpoints throughout the customer journey. While the adoption of the GICOP is currently... (See Article)

*This information is accurate as of 3.00 pm on Friday 8 May and is subject to change as this situation evolves. On 7 April 2020, the National Cabinet issued a Mandatory Code of Conduct (the Code), which imposes a set of good faith leasing principles that apply to certain commercial tenancies experiencing financial stress or hardship because of the COVID-19 pandemic. (See Article)

The ACNC has indicated that modifying or even temporarily halting your charity’s activities is a reasonable course of action to take. At this stage, your charity's priority should be the safety of staff and volunteers. This may mean that some or all of your charity's activities may need to be modified or even temporarily halted. (See Article)

In Moore v Scenic Tours Pty Ltd [2020] HCA 17 (available on AUSTLII) the High Court of Australia unanimously allowed an appeal from the New South Wales Court of Appeal, holding that damages for disappointment and distress for breach of a holiday cruise tour contract were not precluded as damages for “personal injury” by s 16(1) of the Civil... (See Article)

As part of its response to the COVID-19 pandemic, the Commonwealth Government announced on 7 April 2020 the National Cabinet Mandatory Code of Conduct - SME Commercial Leasing Principles during COVID-19 (the Code). The Code is mandatory for all landlords and tenants that it applies to, but it does not apply to all commercial leases. Financial tests apply (it is for small to medium enterprises significantly impacted by the Commonwealth Government’s actions in response to the COVID-19 pandemic). (See Article)

Almost a month old now, but perhaps the succinct comments of PerramJ in Capic v Ford Motor Company of Australia Limited (Adjournment) [2020] FCA 486 (available on AUSTLII) in the context of an adjournment application for a complex civil trial remain the clearest statement of the overarching concerns of the administration of justice: [23] If I... (See Article)

On 26 March 2020, K&L Gates published a Legal Insight regarding the Australian Securities and Investments Commission (ASIC)'s adoption of a formal "no-action" position on public companies with a financial year end of 31 December failing to meet the 31 May annual general meeting (AGM) deadline, provided the company holds its AGM by 31 July. ASIC also confirmed its support for the holding of AGMs using "appropriate technology" such as hybrid and virtual AGMs. (See Article)

COVID-19 has had a huge impact on the way we work, but will it force us to introduce some changes for the better? The Australian Government has announced temporary relief, allowing general meetings to be held virtually and documents to be signed electronically. Could this be a trial for the new way of working in the future? (See Article)