A Health Check on Your Privacy Obligations

If you or your business are deemed a “health service” provider and hold “health information” for the purposes of the Privacy Act 1988 (Cth) (“Privacy Act”), then you need to be aware of your obligations under the Privacy Act and in particular the requirements of the Australian Privacy Principles which are [...]

2019-09-05T14:27:06+10:00September 5th, 2019|Categories: Commercial|Tags: , |

Do you need to comply with Europe’s General Data Protection Regulation?

On 25 May 2018 the new European Union General Protection Regulation (the GDPR) came into force.  The GDPR regulates the handling of personal data by “controllers” and “processors”, irrespective of whether the controller or processor was established in the EU. Australian businesses, individuals, public authorities, agencies or other bodies may [...]

2018-08-23T15:23:20+10:00June 12th, 2018|Categories: Commercial|Tags: , |

Crowd-sourced funding for proprietary companies: Differences between exposure draft and bill

The Corporations Amendment (Crowd-sourced Funding for Proprietary Companies) Bill 2017 (Bill) has now been introduced into Parliament. The Bill “sets out amendments to the Corporations Act 2001 (Corporations Act) to enable proprietary companies in Australia to access crowd-sourced equity funding”.[1] Prior to the introduction of the Bill into Parliament, the [...]

2018-08-28T15:23:54+10:00October 9th, 2017|Categories: Commercial|Tags: , |

Avoid suspension until re-compliance by announcing backdoor listing transaction

In May 2016, the Australian Stock Exchange (ASX) changed its policy on backdoor listings so that an entity’s securities will be suspended immediately from the announcement of a backdoor listing transaction. However, the ASX has now relaxed this policy change by allowing entities to avoid suspension until re-compliance if they [...]

2018-08-28T16:24:40+10:00August 23rd, 2017|Categories: Corporate|Tags: , |

The widening definition of “Retail Premises”: Is your commercial lease affected?

The Supreme Court of Victoria’s recent decision in IMCC Group (Australia) Pty Ltd v CB Cold Storage [2017] VSCA 178 has confirmed that a wide interpretation of ‘retail premises’ should be used for the purposes of the Retail Leases Act 2003 (Vic) (Act).  This included a finding that ‘the ultimate [...]

2018-08-28T16:54:59+10:00August 10th, 2017|Categories: Property|Tags: , |

Are you ready for the new Privacy Mandatory Data Breach Notification Regime?

The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) (Act) amends the Privacy Act 1988 (Cth) (Privacy Act) to introduce mandatory data breach notification provisions for organisations, agencies and certain other entities that are regulated by the Privacy Act (entities).[1] “Mandatory data breach notification” commonly refers to a legal requirement [...]

2018-08-30T11:11:09+10:00August 3rd, 2017|Categories: Commercial|Tags: , |

Vendors Beware – Purchasers Of Australian Property Worth $750,000 Or More May Now Be Required To Withhold 12.5 Per Cent Of Purchase Price At Settlement

If you are a vendor or purchaser of an Australian property with a market value of $750,000 or more, the Government’s recent reforms to improve housing affordability may directly affect you. The Government announced, as part of the 2017-18 Budget, that purchasers of certain taxable Australian properties from foreign resident [...]

2018-08-30T12:44:54+10:00July 2nd, 2017|Categories: Property|Tags: , |

Crowd-Sourced Funding To Be Extended To Include Proprietary Companies

The Federal Government pursuant to its 2017 Budget intends to extend the legislative framework for crowd-sourced funding (CSF) by introducing a new Crowd-Sourced Equity Framework regime for proprietary companies.[1] Currently, the Corporations Amendment (Crowd-sourced Funding) Act 2017 (the CAA)[2], which comes into force on 29 September 2017, only creates a [...]

2018-08-31T15:58:27+10:00June 9th, 2017|Categories: Corporate|Tags: , |

From 1 July 2017 stamp duty will be payable on certain transfers between spouses and domestic partners

The stamp duty exemption on transfers of property is about to change. The Victoria Government pursuant to its 2017 Budget and the introduction of the State Taxation Acts Amendment Bill 2017[1] (the Bill) intends to withdraw the exemption for payment of stamp duty between spouses and domestic partners in relation [...]

2018-09-11T16:42:33+10:00May 24th, 2017|Categories: Property|Tags: , |

Selling a Business and the Transfer of Employee Entitlements

The sale of a business involves the transfer of particular assets of the business from the Vendor to the Purchaser.   This may include, amongst others, goodwill, plant and equipment, stock, intellectual property, licences, registrations, contracts and leases.   In addition to this, there may also be employees working in the business [...]