K & C Law Group in West Melbourne, Victoria, Australia | Lawyer & law firm

K & C Law Group

Locality: West Melbourne, Victoria, Australia

Phone: +61 3 9670 6484

Address: Level 14, 350 Queen Street 3000 West Melbourne, VIC, Australia

Website: http://www.kclawgroup.com.au

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24.01.2022 Be prepared. Be ready. #Covid-19 #Prevention

21.01.2022 In wake of recent high profile cases involving wage underpayment, the Australian government is reviewing existing legislation and calling for submissions from stakeholders in two new discussion papers released on 18 February 2020: 1. For improving protections of employee's wages and entitlements: https://www.ag.gov.au//compliance-and-enforcement-discussi 2. Review of Building Code 2016: https://www.ag.gov.au//review-of-the-code-for-the-tenderin. ... Businesses that have not conducted a compliance review of their existing workplace and employment procedures and agreements should start looking into it more carefully. Come talk to one of our lawyers for more information!

21.01.2022 As part of the move to 100% digital lodgment of land instruments in Australia, land transaction available in #PEXA (eg transfers, mortgages & caveats) must be lodged electronically from 1 Oct 2018. Land Use Victoria will no longer accept paper lodgment. Call us to find out more!

20.01.2022 Happy Lunar New Year May the year of the Rat bring you wisdom, adaptability and savvy Let us all celebrate the beginning of another Chinese zodiac cycle with an abundance of food, drinks and good cheer

18.01.2022 In response to the significant impacts that COVID-19 has, and will continue to have, on commercial and retail leases for both landlords and tenants, the Prime Minister has announced a mandatory code (Code) for commercial landlords and tenants that will apply to businesses with a turnover of less than $50M per annum and which are signed up to the JobKeeper program. An excerpt of the media release is set out below: The National Cabinet agreed that states and territories would ...implement the attached mandatory Code of Conduct (the Code), including via legislation or regulation as appropriate, to implement the principles agreed on Friday 3 April. The Code builds on the draft codes submitted by landlord and tenant representative bodies in the commercial property sector. The purpose of the Code is to impose a set of good faith leasing principles for application to commercial tenancies (including retail, office and industrial) between owners/operators/other landlords and tenants, in circumstances where the tenant is a small-medium sized business (annual turnover of up to $50 million) and is an eligible business for the purpose of the Commonwealth Government’s JobKeeper programme. National Cabinet agreed that there would be a proportionality to rent reductions based on the tenant’s decline in turnover to ensure that the burden is shared between landlords and tenants. The Code provides a proportionate and measured burden share between the two parties while still allowing tenants and landlords to agree to tailored, bespoke and appropriate temporary arrangements that take account of their particular circumstances. National Cabinet again noted that it expects Australian and foreign banks along with other financial institutions operating in Australia, to support landlords and tenants with appropriate flexibility as they work to implement the mandatory Code. The Commonwealth Government is also acting as a model landlord by waiving rents for all its small and medium enterprises and not-for-profit tenants within its owned and leased property across Australia." A copy of the Code as agreed to by the National Cabinet is available here: https://www.pm.gov.au//national-cabinet-mandatory-code-ofc The Code will be given effect through relevant state and territories legislation or regulation and we expect further information to be provided in the coming days. Each lease needs to be assessed individually to determine whether the Code applies to that lease and what actions are available to landlords and tenants to achieve appropriate outcomes. For leases which do not fall within the Code, landlords and tenants will be free to make their own commercial arrangements in relation to an appropriate level of rent relief or abatement (if any) and the consequences which will flow from that. For more information or to discuss your circumstances, please feel free to contact us for a confidential discussion.

16.01.2022 New press release provides more details on National Cabinet’s proposed Covid-19 code of conduct for commercial tenancies as set out in the following excerpt: National Cabinet made further progress on the issue of commercial tenancies. They have agreed that a mandatory code of conduct guided by certain principles will be developed and subsequently legislated by State and Territory Governments to apply for tenancies where the tenant is eligible for the Commonwealth Government’...s JobKeeper assistance and is a small- or medium-sized enterprise (less than $50 million turnover). The principles that guide the code will be: 1. Where it can, rent should continue to be paid, and where there is financial distress as a result of COVID-19 (for example, the tenant is eligible for assistance through the JobKeeper program), tenants and landlords should negotiate a mutually agreed outcome 2. There will be a proportionality to rent reductions based on the decline in turnover to ensure that the burden is shared between landlords and tenants 3. There will be a prohibition on termination of leases for non-payment of rent (lockouts and eviction) 4. There will be a freeze on rent increases (except for turnover leases) 5. There will be a prohibition on penalties for tenants who stop trading or reduce opening hours 6. There will be a prohibition on landlords passing land tax to tenants (if not already legislated) 7. There will be a prohibition on landlords charging interest on unpaid rent 8. There will be a prohibition on landlords from making a claim to a bank guarantee or security deposit for non-payment of rent 9. Ensure that any legislative barriers or administrative hurdles to lease extensions are removed (so that a tenant and landlord could agree a rent waiver in return for a lease extension) For landlords and tenants that sign up to the code of conduct, States and Territories have agreed to look at providing the equivalent of at least a three month land tax waiver and three month land tax deferral on application for eligible landowners, with jurisdictions to continue to monitor the situation. Landlords must pass on the benefits of such moves to the tenants. In cases where parties have signed to the code of conduct, the ability for tenants to terminate leases as mentioned in the National Cabinet Statement on 29 March 2020 will not apply. Mediation will be provided as needed through existing State and Territory mechanisms. The proposed code of conduct will be discussed at the next meeting of the National Cabinet on Tuesday 7 April. The proposed code of conduct may have significant implications for both tenants and landlords. Please feel free to contact us for a confidential discussion about your situation.

15.01.2022 The Global Era of the Woman - Wonderful program jointly delivered by Global Victoria & Littler. Understanding female issues & having a considered, gender-neutral policy in the workplace are increasingly important for all organizations. #balanceforbetter #globalvic #littlerevent

10.01.2022 Happy Mid-Autumn Festival!

05.01.2022 As part of the economic stimulus measures in response to COVID-19, there are the following temporary changes to bankruptcy law taking effect from 25 March 2020: 1. Debt threshold for creditors to apply for a Bankruptcy Notice against a debtor will increase from $5,000 to $20,000. 2. Timeframe for a debtor to respond to a Bankruptcy Notice before a creditor can commence bankruptcy proceedings will be increased from 21 days to up to six months.... 3. Temporary protection period procedure available for debtors to prevent recovery action by unsecured creditors will increase from 21 days to six months. More information is available on AFSA’s website and social media platforms.

04.01.2022 With effect from 1 March 2020, vendors and agents must not knowingly (rather than "fraudulently" in former wording) conceal any "material facts" in relation to the sale of a property. The monetary penalty for the breach of this obligation has increased to 120 penalty units from 50 formerly. A helpful summary of how this may affect the vendors and their agents' disclosure obligations can be found here: https://www.consumer.vic.gov.au//sale-of-land-changes-in-e

01.01.2022 Summary of temporary changes to foreign investment framework: 1. All foreign investments in Australia made on or after 10.30pm on 29 March 2020 are now subject to the foreign investment framework. 2. The process time for foreign investment application is up to 6 months. ... 3. Urgent applications may be prioritised for investments that directly protect and support Australian businesses and Australian jobs taking into consideration commercial deadlines. The Australian foreign investment framework is sophisticated and it is important to understand what these changes mean for you before entering into any property or commercial transactions. Failures to comply with the foreign investment framework can lead to significant penalties for the parties involved. For more information, please feel free to contact us for a confidential discussion.