Entries by Mid West Lawyers

A widow contesting a Will

All jurisdictions in Australia provide statutory rights for eligible persons to contest a Will on the basis that they have not been left adequate provision by the testator for their proper maintenance, education and advancement in life.  In Western Australia, an eligible person includes: a spouse or de facto partner; a person receiving or entitled […]

Contractual obligations in the wake of COVID-19

The coronavirus (COVID-19) presents numerous challenges for individuals and businesses, amongst them, the legal rights and responsibilities under existing contracts during a pandemic such as this. Parties to a contract that are facing difficulties in meeting their obligations may be anxious about their legal position in such circumstances. Some contracts may provide specific rights for […]

COVID-19 – Important Updates For Financially Distressed Businesses

This material is general in nature and incorporates information regarding proposed or pending legislative changes to address the potential economic and other impacts of the Coronavirus (COVID-19) pandemic.  On 22 March 2020, the Australian Federal Government delivered its second response to the economic threat posed by the Coronavirus.  Part of this response includes measures to […]

Covid-19 – Temporary Higher Thresholds for Credits Statutory Demands

A creditor issuing a statutory demand on a company is a common way for a creditor to recover unpaid monies and place the company into liquidation. The Government is temporarily increasing the current minimum threshold for creditors issuing a statutory demand on a company under the Corporations Act 2001 from $2,000 to $20,000. This will […]

Covid-19 – Advice for Employers

Employers need to be mindful of issues relating to employees in relation to the Covid-19 pandemic. Employers should not send staff to be tested at either COVID clinics or through GP referrals unless they have a fever and respiratory symptoms such as cough or sore throat AND: have returned from overseas travel in the last […]

Covid-19 – Rent Relief for Small Business and Not-for-Profits

The WA Government will waive rental payments for small businesses and not-for-profit groups in Government-owned buildings for six months to help these lease holders respond to the impacts of COVID-19. This is the first time the WA Government has waived rental payments for any lease holders. The WA Premier and WA Treasurer announced $25 million […]

Covid-19 – Small Business Relief

As a result of the Covid-19 pandemic the WA Government has declared a State of Emergency for Western Australia, which has led to small business suffering a loss. The Small Business Development Corporation has created a COVID-19 assistance centre to provide dedicated guidance on available support options, including: information on available stimulus packages and eligibility […]

Commercial Leasing and COVID-19 Mandatory Code of Conduct released

The economic impact of COVID-19 on business generally, and commercial leasing arrangements has been the focus of many landlords, tenants and governments. On 7 April 2020, the Federal Government released its much-anticipated Mandatory Code of Conduct – SME Commercial Leasing Principles during COVID-19 (Code). The Code adopts and builds on principles emanating from National Cabinet […]

Beware when buying property off the plan

The term “buying off the plan” usually refers to purchasing a property that is not yet registered as a separate lot with the government department responsible for land title registrations, or not yet built. Buying off the plan can refer to the purchase of a block of vacant land that is part of a subdivision, […]