Company Directors need to ensure that they are aware of and compliant with the new Illegal Phoenixing Laws that were introduced this week. The new phoenix offences will prohibit creditor-defeating dispositions of company property and penalise those who engage in or facilitate such dispositions and allow Liquidators and ASIC to recover such property.
Far too often players are left scratching their head trying to navigate through the disciplinary rules of their local association or sporting body, only to be more confused on what to do than before they began. This overview provides information on how to best prepare yourself for a sporting tribunal process. Obtain all relevant information with your disciplinary offence, familiarise yourself with the relevant dates and review the disciplinary rules of whichever sporting body or association applies. In most circumstances, your association or the sporting body will provide you and/or your club with the relevant information detailing your charge, the independent reports as well as any other evidence associated with your offence. They will also provide you with the date and time that the Tribunal will conduct your hearing. Depending on your sport, each local association may have their own separate disciplinary regulation and processes. These regulations will include rules which the association or sporting body must follow, such as timeframes to lodge evidence and table offences with the minimum and maximum periods of suspension if found guilty.…
Madison Marcus are delighted to announce that on 17 February 2020, our Sydney Head Office will move to new premises at Level 4, 71 York St, Sydney. Our new state of the art office has been designed to reflect our industry driven specialist service offering. With the overall objective to create an enhanced team and client experience. Our contact phone and email details will be unaffected by our move to Level 4, 71 York St, and our postal address remains as PO Box Q742, NSW 1230 or DX: 13006 Market St Exchange. Our Sydney team is excited about working in our new, dynamic environment which will facilitate greater collaboration between our divisions to continue to achieve the best commercial outcomes for our clients. The Madison Marcus team are very much looking forward to welcoming you to our bespoke and innovative new home. If you have any questions, please do not hesitate to get in touch with your Madison Marcus relationship manager. You can locate our new office here
To view this article in Mandarin, please click here Prime Minister Scott Morrison and the Minister for Foreign Affairs, Marise Payne have imposed a travel ban as of February 1st which will deny foreign travellers from entry into Australia if they have left or passed through mainland China in order to contain the spread of the deadly Novel Coronavirus. Currently, there are 14 confirmed cases of the virus in Australia. We urge any existing applicants and visa holders to get in touch with our office as soon as possible if they believe that they might be affected or if their family members might be affected by the travel restrictions. Travel Restrictions The Australian Government has announced that all travellers arriving from China will be subject to enhanced border control measures to ensure the health, safety and well-being of the Australian community. Australia will deny entry to anyone who has left or transited China except for Australian citizens, permanent residents and immediate family members of Australian citizens or permanent residents. Moreover, limited exemptions also apply for airline and maritime…
Recently the Courts have adopted a new approach to determining an application for security for costs. The purpose of a security for costs order is to protect a defendant in whose favour the Court makes an order for costs from having that order wholly frustrated by the inability of the plaintiff to satisfy it.[1] Courts will generally be inclined to order a plaintiff to provide security for the defendant’s costs if there is a concern that the plaintiff will not be able to comply with a future costs order. Plaintiff’s ordinarily seek to overcome a security for costs application by providing evidence to the Court that it is and will be financially able to comply with a future costs order. However, the Court has often shown a willingness to consider alternatives to cash security, such as a secured interest in property and personal guarantees or undertakings provided by directors or officers of the plaintiff. The NSW Court of Appeal case of Vintage Marine Art Pty Ltd v Henderson & Cremer (No 2) [2019] NSWCA 252has changed the landscape…
NSW Update: Legislative Reforms In a Nutshell Ahead of the upcoming Building Ministers Forum to take place in February 2020, the Minister for Better Regulation and Innovation the Hon. Kevin Anderson issued a press release on 21 January 2020 outlining six different reform workstreams that the government proposes to implement – titled “Pillars of Reform”. The Minister proposes presenting the proposed “pillars” at the next Building Ministers Forum in February 2020. Key reforms being proposed to shake up the industry include: Introduction of a ratings system to rank the track record of industry participants – builders, developers, certifiers across a range of criteria. Providing the NSW Building Commissioner with a large stick to wield against dodgy operators by stopping building works and removing an occupation certificate for problematic projects. The New Workstream Pillars The “pillar” concept referred to in Minister Anderson’s press release involve the formulation of work streams that will be actioned by working groups the government will populate with participants from different areas of the construction industry. It is envisioned that the separate workstreams will work…
https://player.vimeo.com/video/385135130 NSW Update: Building and Construction Industry Security of Payment Act 1999 Like all good things, change has come to the Building and Construction Industry Security of Payment Act (“the Act”), with effect to building contracts entered into from 21 October 2019. The amendment comes on the back of the Jim Murray AM report into subcontractor payment disputes. While the words of Don Draper, the colourful fictional advertising executive with an enlarged liver who appeared in the award winning TV serial Mad Men, could be paraphrased as change to the Act is neither bad nor good, it simply is – he didn’t ever have to deal with construction payment disputes and the amendments to the Act are largely an improvement in a number of respects. This is not a review of all amendments many of which are by way of clarification only and we discuss in this update some of the key changes, being: A return to the requirement that payment claims identify that they are made under the Act – containing the ‘magic words’ – this is…
Australian citizens are the only people who have an automatic right of entry into Australia. Any holder of an Australian permanent visa has the right to remain in Australia indefinitely, but must ensure that they have the authority to return as the travel validity is usually 5 years from the date that permanent residence is granted. The Resident Return visa (subclass 155) is a permanent visa for a current or former Australian permanent resident and former Australian citizen. This particular visa will allow applicants to maintain or regain their status as an Australian permanent resident. The Visa Application Process follows 4 steps, which include: Application Checklist The application checklist details the information and supporting documents that the applicant must provide with their application. The team at Madison Marcus would be happy to arrange consultation with you to peruse the relevant documents required and provide you with guidance throughout the process. Application information In this step, Madison Marcus can provide applicants with the relevant information in regards to potential issues or obstacles that may affect the Resident Return visa…
To be an Australian citizen is an esteemed privilege. It unites us all as culturally diverse Australians with a common bond. Being an Australian citizen provides you with the stability and travel freedom which many and most visas cannot. It is the best option to take if you meet the residency requirements and want full access to the benefits which come with being a citizen of this peaceful, stable and prosperous nation. The advantages that come with an Australian citizenship are many. Some of these advantages include being able to vote and contribute towards shaping the country’s future, apply for government jobs, defer university fees for young adults, allows you to re-enter Australia at your own discretion, and be entitled to an Australian passport allowing you to travel to other countries. There are 10 steps to becoming an Australian citizen. These are as follows: 1. Being eligible To become eligible to apply for citizenship, you must be a migrant who is a permanent resident, satisfy the residence requirement, be likely to reside, or continue to reside, in Australia…
Family violence is not accepted in Australia under any circumstances. If you are in Australia and have applied as a partner for certain permanent residence visas, you (and any member of your family unit included in your application) do not have to stay in an abusive relationship just to secure permanent residency. Your safety is paramount, and it is important to be aware of your rights around this area. Our office will outline the relevant provisions of the Migration Act 1958 (‘the Act’) and the Migration Regulations 1994 (‘the Regulations’) which may be specific to your circumstances. What permanent residence visas are covered? If you hold a temporary Partner visa (subclass 309 or 820) or a Prospective Marriage visa (subclass 300) and experience family violence, and your relationship has ended, there are provisions in Australia’s migration laws to allow you to continue with your permanent Partner visa (subclass 100 or 801) application. What constitutes family violence? A common misconception is that family violence only includes physical violence. In reality, the definition of family violence is far broader. It…
