As of 21 March 2021, the Corporations (Coronavirus Economic Response) Determination (No 3) 2020 (Cth) (Determination) lapsed because it reached the end of its six (6) month period as prescribed by section 9(3) of the Determination. This means that the ability for companies to execute documents electronically, or e-signing, is no longer acceptable under subsection 127(1) of the Corporations Act 2001 (Cth) (Act). Section 6(3)-(4) of the Determination authorised e-signing in response to the COVID-19 restrictions, as stated in the Explanatory Statement: [Read more…]
covid-19
Force majeure in a major pandemic
3 September 2020 by
To say the world has been turned upside down is all but literally true in many respects. Where there is the slightest sneeze of Covid-19, governments have made shut down decisions that that have impacted the ability of businesses to operate and perform their contractual obligations.
A feverous question is whether COVID-19 an event of force majeure and does it relieve the affected party from its obligations? Below we set out the issues. [Read more…]
Claiming delay due to COVID-19? Think again.
29 April 2020 by
In the current pandemic parties to legal proceedings may be tempted to apply for an adjournment or further time, citing COVID-19 as the reason for the delay. Certainly the Federal Court of Australia has been quick to respond to the pandemic by changing its procedures and has even conducted entire trials using Microsoft Teams. This article discusses the circumstances where COVID-19 has been used as justification for a delay in proceeding and the Court’s view on granting stays for this reason. [Read more…]
Relief for companies during COVID-19
9 April 2020 by
On 24 March 2020, the Federal Government passed the Coronavirus Economic Response Package Omnibus Act 2020 (Cth) (Act). As a part of the Act, insolvency and corporations laws have been temporarily amended in light of the financial challenges businesses are facing in the wake of COVID-19. The changes made are intended to avoid unnecessary insolvencies and bankruptcies by providing a safety net for companies and their directors during the pandemic. This article will discuss the key changes. [Read more…]
The new business as usual in 2020!
5 April 2020 by
It’s perhaps an understatement to say that the last few for Australian business has been unprecedented. How can any business plan adequately consider and cater for a global pandemic and mass business shutdowns? Extraordinary seems to be the new business as usual (BAU) in 2020! [Read more…]
Standing down employees – when can it be done?
27 March 2020 by
Standing down employees without pay would seem a logical response to the current COVID-19 crisis. Employers must first recognise that during the COVID-19 public health pandemic normal workplace laws continue to apply. [Read more…]
