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Hatch Legal

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25.01.2022 Easter reading: SME Commercial Leasing Principles During COVID-19 (National Cabinet Mandatory Code of Conduct (Code)) ***... YOUR KEY TAKEAWAY (if you don't want to read a long post): Whether you are a landlord or tenant, it's a good idea to review your lease right now! We are just an email/call away if you need assistance with the review, negotiation and variation of your lease. *** WHAT is this about: Good faith leasing principals for commercial tenancies. --> Rent reductions and rent freeze --> No termination --> Term extension --> Landlord must pass on benefit ---> much more WHO does it apply to: All commercial tenancies where the tenant has signed up to the JobKeeper Program AND has an annual turnover of AUD 50 million or less. AM I eligible for JobKeeper?: Yes, if the tenant has.. a) an annual turnover of less than $50 million; and b) a 30% or greater loss in revenue. *** SUMMARY: Whether you are a landlord or tenant, it's a good idea to review your lease and start the conversation! Landlords and tenants share a common interest in working together, to ensure business continuity, and to facilitate the resumption of normal trading activities at the end of the COVID-19 pandemic during a reasonable recovery period. To read the full text: https://www.pm.gov.au//national-cabinet-mandatory-code-ofc

23.01.2022 SOLICITORS' CERTIFICATES & COVID-19 *** Solicitors' certificates are more than just witnessing.... *** We regularly deal with requests to advise and provide certificates on loans and guarantees. Providing solicitors’ certificates are a high-risk matter and extreme care needs to be taken. *** KEY TAKEAWAY: Face to face verification of identity (VOI) is strictly required. We can liaise with lenders for a certificate exemption and provide an alternative industry standard of compliance if face to face VOI is not possible. WHAT: Despite COVID-19 restrictions and temporary legislation allowing for electronic witnessing and execution of documents, the face to face VOI requirement REMAINS for solicitor’s certificates. IF YOU REALLY WANT TO KNOW: Rules 11.2 and 11.3 of the Legal Profession Legal Practice (Solicitors) Rules 2015 have not been changed by the recent ARNECC notice for VOI which governs VOI for property conveyancing. See also: KPAK Pty Ltd v Scibilia & Ors [2013] VCC 1260 http://www.austlii.edu.au//au/cases/vic/VCC/2013/1260.html *** For appropriate socially distanced legal advice, simply email us at [email protected].

23.01.2022 It is time that there is a move away from the one-size-fits-all approach, when dealing with small to medium enterprises facing insolvency under the Corporations Act, according to the Law Council of Australia.

20.01.2022 Due to the impacts of COVID-19, all monetary screening thresholds for any foreign investment have been temporarily reduced to $0. *** WHY: The government is seeking to avoid Australian assets being sold or acquired at "fire-sale" prices by overseas interests.... WHAT: All foreign investors will be treated similarly to foreign government investors. Even countries subject to a free trade agreement with Australia are not exempted. WHEN: From 10.30pm AEDT, 20 March 2020 WHO: Any foreign person who intends to... --> buy land/property in Australia --> set up a business in Australia --> enter into a lease term of more than 5 years (including any option to renew) Common transactions that will now require FIRB approval include: --> foreign persons acquiring 20% or more interest in an Australian company irrespective of its value --> foreign persons acquiring interest in Australian land irrespective of its value END-DATE?: There is no end-date set for this temporary measure. The announcement states that the measures will remain in place for the duration of the current crisis. *** KEY TAKEAWAY: If you are a foreign investor intending to buy property or enter into a commercial lease, ensure that you take steps to lodge your FIRB application ASAP as the processing time-frame can take up to 6 months (a significant increase from the existing 30 days). Don't hesitate contact us if you need assistance with your FIRB application! See: https://firb.gov.au/guidance-resources/guidance-notes/gn53

20.01.2022 Updated worker permit scheme Worker permit details and form for permitted workers and employers in greater metropolitan Melbourne during COVID-19 stage 4 restrictions have been updated.

17.01.2022 The Wellbeing and Mental Health Support program helps Victorians dealing with the challenges of running a small business get the mental health support they need to navigate through the impacts of COVID-19.

16.01.2022 Employers and legal experts have said a union deal to immunise employers from civil penalties if they inadvertently underpay workers but quickly backpay them is a significant and pragmatic walk back from their hard line on wage theft.

13.01.2022 Electronic execution of documents: Agreements - yes. Deeds, wills and powers of attorneys - no.

12.01.2022 1200 rebate available The Small Business Digital Adaptation Program will allow eligible businesses to trial and receive access to digital products, tools and training they can use to build digital capability in their day-to-day operations.

12.01.2022 #covid19 #smallbusiness #jobkeeper #hatchlegal

12.01.2022 #covidemployment: JobWatch has also released a ‘COVID19: Employment Rights Q&A.’ See the link below for a very handy Q&A designed for Victorians

11.01.2022 Very proud of our client #growing #strengthtostrength

10.01.2022 Business resilience package: Support fund grants The Victorian government is investing $3 billion in cash grants, tax relief and cashflow support to Victorian businesses that have been most affected by COVID-19 restrictions. The package will help businesses survive and keep Victorians in jobs.

10.01.2022 Time to keep up with the times..

10.01.2022 Under Stage 4 restrictions, businesses with 5 or more employees must have a COVID Safe Plan in place and regularly update it. Here is more information and fact sheets for employers and employees.

09.01.2022 FREE public webinar!! WHEN: Tuesday 19 May, 5-6 pm (EMPLOYERS) and Wednesday 20 May, 1-2 pm (EMPLOYEES) FOR WHO: Employers and employees struggling to understand their rights and responsibilities within the context of the COVID-19 crisis.... https://www.liv.asn.au//COVID-19-and-what-this-means-for-e https://www.liv.asn.au//COVID-19---What-this-Means-for-Emp

09.01.2022 The Premier Daniel Andrews yesterday announced a staged return to offices from November 30, with 25% of workers allowed to attend on site and up to 10 staff on site for businesses with fewer than 40 employees. Visitors and clients are a part of worksite limits. See industry restart guidelines here: https://www.coronavirus.vic.gov.au/coronavirus-sector-guida

09.01.2022 This is our 1st post! And what a great day to post it. Happy Easter weekend everyone. Stay safe. Stay indoors. #hatchlegal #covid19 #legal #businesslaw #washhands #quarantineandchill

08.01.2022 ***NEWS FLASH*** WorkSafe Victoria is requiring employers to notify them of confirmed COVID-19 cases among employees, under changes made through the Occupational Health and Safety Act. Failing to notify WorkSafe under section 38 of the OHS Act can lead to fines of up to $39,652 (240 penalty units) for an individual or $198,264 (1200 penalty units) for a body corporate.... "Genomic sequencing could be used to prove employer liability in COVID-19 related compensation claims, with workplace experts warning significant payouts could result from lax safety standards." See also: https://www.worksafe.vic.gov.au//employers-must-notify-wor

05.01.2022 Update to the Commercial Tenancy Relief Scheme: mandatory proportional rent relief for commercial tenants powers for rent relief orders to be made by VSBC when landlords refuse to negotiate in good faith ... Note: The Commercial Landlord Hardship Fund provides $3,000 grants to private landlords of premises valued at less than $1 million who are facing financial hardship due to providing rent relief to their tenants.

05.01.2022 Woo hoo our bags have arrived!

05.01.2022 Thank you everyone for your well wishes and support!! We welcome our new clients to the Hatch Legal family The past month has seen us busy advising on leases, franchise documentation and reviewing LOTS of contracts!! ... Just like doing an audit on your finances, it's always a good idea to do a legal audit of your documents. Our clients are small business owners who just don't have the time or resources to sit down and go through every clause that they are committing themselves to. It often takes an experienced and independent advisor to consider what needs to be included, deleted, updated or amended in your documents. We at Hatch Legal can certainly help with this and would love to hear from you. Just remember to reach out: [email protected]

05.01.2022 #jobkeeper: This is a hot topic at the moment! Check out the link below for a quick summary of the facts :)

02.01.2022 Defamatory social media posts Defamation law is evolving to keep up with the times. Posters are only anonymous until a court order says their identity should be revealed.... See also: https://www.abc.net.au//optus-ordered-to-hand-ove/12322174

01.01.2022 Brilliant idea by Djirra! The Hatch Legal team will be very happily taking part in this. Christmas is the best time of the year and this year has been a really tough one for many.... Let us know in the comments if you are going to take part in Djirra’s initiative or participate in some other act of charity for Christmas! We would love to highlight similar charity outreaches. #spreadkindnessnotcoronavirus -EH