The federal government has introduced new legislation to modify the requirements for company meetings and the execution of documents by companies under the Corporations Act.

The new changes will take effect from 6 May 2020 and are outlined in the Corporations (Coronavirus Economic Response) Determination (No. 1) 2020.

We take a look at the 2 key principles of the mandatory code of conduct for Commercial Leasing. Marcus discusses what are the obligations of the landlord and the tenant?

Do you have a shareholders agreement in place for your business?
Are you covered for events like insolvency, bankruptcy, or if a shareholder becomes incapacitated? Its important to cover yourself as unfortunately these things can happen. Camille explains what is a Shareholders Agreement and why you should have one in place.

On Tuesday 7 April the National Cabinet has agreed on a mandatory commercial tenancy code for any business who has a turnover of $50 million or less and who is also eligible for the JobKeeper program.

In light of COVID-19, businesses should consider whether or not they might be insured under their insurance policies for events that deal with infectious disease.

Do you operate a small business that has been significantly impacted by COVID-19? You can apply to defer your loan repayments for 6 months.

Cash flow is a crucial element to the growth and stability of a business. It is important to ensure that you have access to such cash when you need it. Often, this cannot occur for some businesses because of existing debtors. Here are some tips to manage your debtors:

Details

Ensuring your invoices have the correct details is extremely important. By this, we mean that it contains the correct contact details for your customers. This can include:

  1. A contact name;
  2. The correct address for the customer;
  3. If works is being performed at a property or site, it doesn’t hurt to include this as well; and
  4. If your customer is a company or business, include the Australian Company Number (ACN) or Australian Business Number (ABN).

Sending

You want to be on the front foot with issuing your tax invoices. If you can send this to your customer on the same day you sell your product or provide your services, or at an absolute minimum within the same week. If your payment terms are 14 days, this could mean the difference between clients paying someone else’s invoice before yours.

Payment Options

Have a payment process that is easy for your clients to use. Take advantage of technology systems that are available to ensure an efficient way in which payment of your invoices can be attended to and finalised.

Disputes

If a customer disputes your invoice, ask them to specify if it is certain parts or the entire invoice. If it is parts of the invoice ask them to pay the non-disputed amounts, that way you are receiving some form of cash flow whilst you negotiate on the disputed aspects of the invoice.

Proactive

Be proactive about chasing your debtors and pick up the telephone. Do not be afraid to ask for payment and if a payment arrangement has been entered into make sure that you are monitoring it closely and contact your client immediately if the arrangement has not been kept.

Further Action

Be prepared to take further action for non-payment. This could be referring your customer onto senior management within your business or onto a solicitor who can assist with recovering the debt. The sooner you take such steps the easier it is to recover your money.

Review Terms

Ensure that a solicitor has reviewed your contracts so that they are legally compliant, as this will eliminate obstructions to the debt recovery process.

If you have any questions in relation to how to manage your debtors or reviewing your terms please contact one of our experienced team members at Southern Waters Legal on 9523 5535.

On 28 February 2019 new law came into effect to increase the jurisdictional limit of the Small Claims Division of the Local Court of NSW from $10K to $20K.

The Small Claims Division of the Local Court of NSW is designed to enable the just, quick and cheap resolution of disputes.  The increase in the jurisdictional limit of the Small Claims Division should improve access to the Local Court and increase the number of matters that can be determined via the less formal and more streamlined processes of the Small Claims Division.

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From 1 October 2018, casual employees can now request that their employment be converted from casual to full-time or part-time.

A casual employee who works a regular pattern of hours for at least 12 months may put in a request to their employer that they be converted to full-time or part-time employment. The employee’s request must be made in writing to the employer.

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A recent decision by the Full Federal Court in Workpac Pty Ltd v Skene [2018] FCAFC 131 has transformed the way employees are classified as “casual”.

This case confirmed that a casual employee is defined by the nature of their work, including the days and hours worked, rather than the way they are classified in their employment contract.

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