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We work collaboratively with our clients to build strong, sustainable relationships. Our team is committed to delivering consistent high standards of service, and we understand the importance of accessibility. Working with us, you'll enjoy open communication, meaning well scoped, properly resourced and effectively managed matters.

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Latest Case

Providing strategic advice on expansion structures November 16, 2018

Founded in Bondi Beach in 2012, Bailey Nelson has rapidly grown into a global eyewear retailer and service provider with boutiques in Australia, London, Canada and New Zealand. The strong demand for their products and … Continued

Latest News

Maddocks appoints next CEO March 31, 2020

Tuesday 31 March 2020  Maddocks has appointed David Newman as the firm’s next Chief Executive Officer. David is a partner in the firm’s Restructuring & Insolvency team and is based in Melbourne. David brings significant … Continued

Latest Article

COVID-19 – The impact on commercial and retail tenancies April 6, 2020

COVID-19 has, and will continue to have, significant impacts on commercial and retail leases for both landlords and tenants. Proposed Government Mandatory Code The Prime Minister has announced that the National Cabinet will this week … Continued

Responding to COVID-19

The coronavirus (COVID-19) outbreak has created uncertainty for private and public sector organisations.

We know our clients might be feeling overwhelmed with the range of issues they need to consider. Our legal teams have prepared a range of practical guides that we know will answer many questions you may have. Below is a list of our recent articles, with a brief summary and guidance on intended audience.

This list and the guides will be updated regularly given the rapid changes we are all seeing.

You can also get more information about what Maddocks is doing to protect its people, clients and visitors and maintaining continuity of service here.

Capital raising

ASX and ASIC introduce new temporary rules to facilitate capital raising

The Australian Securities Exchange has recently introduced temporary changes to its rules to facilitate emergency capital raisings against the current backdrop of the COVID-19 pandemic.

Our Equity Capital Markets team outlines the changes.

Read the article here.


Foreign Investment Review Board (FIRB) – COVID-19 changes and impact on capital raising and M&A

The Commonwealth Government announced temporary changes to the foreign investment review framework, designed to protect Australia’s national interest during the COVID-19 crisis.

Whilst these temporary measures are in place, Australian companies (particularly small cap companies) looking to firm up additional funding from foreign investors or vendors seeking to sell Australian businesses or companies to foreign investors, are now more likely to require FIRB approval before these investments or acquisitions can take place.

Read the article here.


Contracts and procurement

COVID-19 updates for Commonwealth contracts

Commonwealth departments and agencies should consider how the coronavirus outbreak might affect their current procurement processes or contracts.

Our Commonwealth Government team has produced a checklist of issues to consider.

Read the article.


Will COVID-19 prevent you from operating? Protecting your business in the face of a global pandemic

The outbreak of the novel COVID-19 and subsequent containment measures are negatively impacting supply chains, manufacturing and transport. What will happen if COVID-19 prevents you from performing your contractual obligations?

Read the article here.


Effect of COVID-19 on Victorian State Government contracts

The COVID-19 outbreak is also having a serious impact on supply contracts and the situation is likely to worsen over time if overseas experience is a guide.

We provide guidance on what Victorian Government departments and agencies can do to support suppliers and deliver services.

Read the article here.


COVID-19 updates for Commonwealth procurement and grants processes – a probity lens

Have you considered how the COVID-19 pandemic might affect your procurement or grant process from a probity and process perspective?

We provide a short summary checklist of issues for you to consider – their relevance will depend on the nature and stage of your procurement.

Read the article here.


Directors

The Safe Harbour regime may assist businesses navigating the effects of COVID-19, but directors need to start now

The ultimate impact on Australian businesses of COVID-19 may be significant. What do directors need to do to prepare for this impact?

Read the article here.


Softening the financial blow of COVID-19: Sweeping temporary changes made for directors and debtors

The Federal Government has announced a range of temporary measures for financially distressed businesses.

Read the article here.


With COVID-19 restrictions increasing – How essential are your company’s services?

The critical questions businesses must ask themselves are ‘Will my business be considered ‘essential’?’ and, for those that consider themselves essential, ‘How do we best position ourselves to be confirmed as ‘essential’?’.

Read the article here.


Education

Managing requests for personal information about staff or students from a health authority during the COVID-19 crisis

How should education institutions navigate requests for personal information from health authorities concerning their staff, students, and other business stakeholders, including customers and suppliers?

Read the article.


Employment issues

Coronavirus/COVID-19: What should Australian employers be doing?

Australian employers need to ensure that they are taking active steps to monitor risk to employees, put in place alternative working arrangements and know how to deal with leave requests.

This article is a useful guide for both private and public sector employers in Australia.

Read the article.


Coronavirus – the ABCH guide for Australian employers

To keep regular track of the major issues for employers, we have outlined the ‘ABCH’ approach for keeping on top of the key issues related to the impact of coronavirus on workplaces.

This article is a useful guide for both private and public sector employers in Australia.

Read the article.


The next question employers may need to ask – Can stand down provisions be used to address COVID-19 or quarantine?

As the number of coronavirus cases rises, many organisations are considering whether they need to cease operations altogether, or at least limit any activities that are client facing.

You should ensure your organisation has a pragmatic strategy in place to handle this ‘social distancing’ effectively, support your employees appropriately, and, where possible, limit the disruption to your business operations.

Read the article here.


Security tips for working from home

Many companies are encouraging, or enforcing, employees to work from home, so as to reduce the impact of the spread of COVID-19.

This quick response to a rapidly changing situation may leave organisations at risk of security vulnerabilities. This article sets out some security tips for working from home.

Read the article here.


Changes to Clerks Award eases burden on employers during COVID-19

The Fair Work Commission has granted an urgent application to vary the Clerks – Private Sector Award 2010, making changes to annual leave, minimum hours and notice requirements.

The decision provides much needed flexibility to employers and employees in the rapidly changing environment of COVID-19.

Read the article here.


Paying your employees during COVID-19: Is your business entitled to JobKeeper?

On 30 March 2020, Prime Minister Scott Morrison announced that the Commonwealth Government will roll out a $130 billion wage subsidy program, called the JobKeeper Payment.

Who is eligible for the JobKeeper Payment?

Read the article here.


Unpaid pandemic leave to be introduced into over 100 modern awards – What this means for you

The Fair Work Commission issued a statement on 1 April 2020 detailing proposed variations to 103 modern awards in response to the COVID-19 pandemic.

The Commission has proposed to vary the awards to include 2 weeks of unpaid pandemic leave, as well as providing employers and employees with the ability to agree to take annual leave at half pay.

Read the article here.


Foreign Investment Review Board

Foreign Investment Review Board – Response to COVID-19

The Treasurer of Australia, The Hon Josh Frydenberg MP, announced on 29 March 2020 temporary changes to the foreign investment review framework, designed to protect Australia’s national interest.

Read the article here.


Foreign Investment Review Board (FIRB) – COVID-19 changes and impact on capital raising and M&A

The Commonwealth Government announced temporary changes to the foreign investment review framework, designed to protect Australia’s national interest during the COVID-19 crisis.

Whilst these temporary measures are in place, Australian companies (particularly small cap companies) looking to firm up additional funding from foreign investors or vendors seeking to sell Australian businesses or companies to foreign investors, are now more likely to require FIRB approval before these investments or acquisitions can take place.

Read the article here.


Franchisors

Franchisors: Planning for COVID-19

What strategic steps could franchisors consider enacting to buffer, as much as is possible, their network and their own businesses, from the worst effects of COVID-19?

We have set out below some of the action our clients are taking in the face of the unprecedented economic conditions.

Read the article here.


COVID-19 and premises and forced business closures – how to deal with the process and the aftermath?

A critical and pressing issue for those businesses with a ‘bricks-and-mortar’ presence is: How do I prepare for, survive and implement a forced shutdown? and What if I need to shut down my network in advance of a government directive to do so?

Read the article here.


Navigating business closures in COVID-19

The Consumer Markets & Franchising team have put together a factsheet summarising critical issues currently facing franchisors that have been created by the COVID-19 pandemic – especially in the face of retail closures.

Download the checklist here.


Government

Council meetings and the spread of COVID-19

The spread of COVID-19 has understandably led some Victorian councils to consider life without Council meetings. Our Public Law team outlines the options available to Victorian councils.

Read the article.


Council’s functions during the COVID-19 outbreak

The COVID-19 outbreak has created challenges for NSW local  councils that are looking to take immediate action to protect the community, council staff and essential services.

Our NSW Local Government team examines some of the issues councils are facing.

Read the article here.


Update: Council functions during the COVID-19 breakout

In our recent article, Council functions during the COVID-19 outbreak, we explained the options councils can take to ensure council meetings can proceed during the COVID-19 outbreak.

As an update to this communication, on Wednesday 25 March the (NSW) came into force. The Act amends a number of Acts, including the Local Government Act 1993.

Read the article here.


Managing GIPA Act applications and preserving information access rights during COVID-19

Evolving business continuity arrangements due to COVID-19 will have an impact on how NSW local councils, NSW State government departments and other agencies manage their responsibilities under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act) and the Government Information (Public Access) Regulations 2018 (NSW) (GIPA Regs).

In particular, agencies may be concerned about how they will meet GIPA Act timeframes and avoid deemed refusals.

Read the article here.


COVID-19 Impacts on Freedom of Information (FOI)

What are the implications of measures designed to slow the spread of COVID-19 on the Victorian State Government’s FOI obligations?

Read the article here.


Healthcare

Managing requests for personal information about staff or students from a health authority during the COVID-19 crisis

How should education institutions navigate requests for personal information from health authorities concerning their staff, students, and other business stakeholders, including customers and suppliers?

Read the article.


Government announces new measures for aged care facilities in response to COVID-19

Prime Minister Scott Morrison has announced the Federal Government’s latest response to COVID-19 which includes specific restrictions imposed on aged care facilities.

Our Healthcare sector team looks at what this means for aged care providers.

Read the article here.


State Government restrictions on aged care facilities in response to COVID-19

In line with Prime Minister Scott Morrison’s announcement on 18 March 2020 regarding ‘enhanced arrangements’ for residential aged care facilities, Australia’s States and Territories have begun implementing formal restrictions on access to those facilities.

Our Healthcare team outlines the restrictions being applied in NSW, Victoria and the ACT.

Read the article here.


Understanding the legal framework behind the government’s public health response to COVID-19

Within a week of being declared a pandemic, 7 out of 8 Australian states and territories had declared an emergency and the Governor-General declared a human biosecurity emergency. These declarations reflect not only the severity of COVID-19 to human health, but also the far-reaching direct and indirect implications it has had and will continue to have on people and organisations throughout the world.

Read the article here.


Privacy

Managing requests for personal information about staff or students from a health authority during the COVID-19 crisis

How should education institutions navigate requests for personal information from health authorities concerning their staff, students, and other business stakeholders, including customers and suppliers?

Read the article.


Three major privacy developments your COVID-19 response team must consider

Our privacy experts share three major privacy developments your COVID-19 response team should be across.

From breaking regulatory guidance, to increased security threats, this quick read will bring you up to speed on the latest privacy developments in this rapidly evolving space.

Read the article here.


Property 

Continuing your development project through COVID-19 – legal considerations

The property development industry, like many others, faces unprecedented challenges with the evolving COVID-19 outbreak.

Maddocks has been helping our clients with project-related continuity issues and we would like to share some of these, including managing settlement risk (vendor finance and sunset dates), eContracts, construction and consultants agreements and leasing agreements.

Read the article here.


What you need to know about the emergency changes to tenancy laws – COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW)

Significant changes to leasing practice in New South Wales have been made by the commencement of the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW) on 25 March 2020.

Our Property team outlines the changes.

Read the article here.


Should landlords and tenants wait for government relief in the time of COVID-19?

Prime Minister Scott Morrison has announced a series of principles relating to commercial and residential tenancies.

Significantly, states and territories will be moving to put a moratorium on evictions of persons resulting from financial distress experienced as a result of the COVID-19 outbreak and legislation has already been prepared to put these measures into effect in New South Wales.

Read the article here.


The impact of COVID-19 on commercial and retail tenancies

We outline the significant impacts of COVID-19 on commercial and retail leases for both landlords and tenants.

Read the article here.


Shareholder meetings

Holding shareholder meetings under COVID-19 restrictions

With governments imposing severe restrictions on travel and public gatherings as a result of the COVID-19 pandemic, Australian public companies with upcoming annual general meetings (AGM) will be required to consider whether they can either facilitate a hybrid or virtual AGM or whether they should defer the AGM.

Read the article here.