From 2 November 2017 the time a response to related application must be filed and served is extended from 14 days to 28 days: subrule 4.03(3).
See Federal Circuit Rules 2001 for minor amendments to Schedule 1 – Costs.
Family law – scale costs
The itemised scale of costs contained within the family law costs agreements have been updated. 4 July 2017.
To do list for property settlement
A To do list for the Property Settlement publication was published today. This useful checklist ensures all the necessary steps are readied and prepared for.
The precedent may be found in Property Settlement, Getting the matter underway beneath the Retainer Instructions.
Businesses changing hands
The commentary was updated to include an expanded discussion about employment agreements and the handling of employee entitlements when a business changes hands.
Family law costs agreement
The family law costs agreements have been updated to reflect the new scale for itemised costs.
Update: Sharp increase to Fair Work Act penalty amounts from 1 July 2017
By Brad Petley
Principal of Acumen Lawyers and the By Lawyers employment law specialist
The June and July period has heralded a number of important changes to workplace laws. Included in those changes is a 1 July increase to the value of a Commonwealth penalty unit. The flow on effect is that maximum fines for breaches of the Fair Work Act have risen sharply. In this update, we explain why understanding the consequence of this change is so important for employers.
What is the increase?
From 1 July 2017, penalty units under federal laws, including the Fair Work Act 2009 (Cth) increased from $180 to $210.
What is a penalty unit?
For federal legislation, the value of a penalty unit is determined by the Crimes Act 1914 (Cth).
Civil (monetary) penalties under federal legislation are calculated using ‘penalty units’ rather than expressing the penalty as a dollar amount.
How does it relate to workplace law?
Most of the Fair Work Act provisions which impose obligations (e.g. on employers) are also designated as civil remedy provisions.
Civil (monetary) penalties in the Fair Work Act are expressed as multiples of a penalty unit (not a dollar value).
For example, civil penalties attach to the following:
- Breaching the National Employment Standards;
- Breaching a modern award;
- Breaching an enterprise agreement;
- Engaging in prohibited adverse action (general protections);
- Breaching right of entry requirements;
- Breaching a stop bullying order;
- Breaching orders relating to unlawful industrial action.
A court may make a pecuniary (monetary) penalty order against a person (including a corporation) if that person has breached a civil remedy provision.
Why should employers be concerned about the increase?
Put simply, fines are bad for business, especially big ones.
From 1 July, the maximum penalty (for a single breach) is $63,000 for a corporation (increased from $54,000), and $12,600 for an individual (increased from $10,800).
A civil penalty order could have a crippling effect on an organisation, particularly if there are multiple breaches of the Fair Work Act.
The reality of many workplaces is that policies and processes (if not reviewed) can become out of date.
Some managers may become blasé about their obligations. New managers may escape the induction process.
Out of date or substandard workplace policies can lead managers into error.
Even where policies are up-to-date, there needs to be a continuous program of ensuring that managers are aware of their responsibilities.
What should employers do?
Employers should do two things immediately:
- Review their policies and procedures to ensure they are compliant with the Fair Work Act.
- Organise refresher training for managers about workplace policies and procedures to reduce the risk of inadvertent breaches of the Fair Work Act.
A process of regular ‘review and refresh’ is an effective risk minimisation strategy.
From 1 July 2017 – Foreign Resident Capital Gains Withholding Payments
For contracts entered into on or after 1 July 2017 the new foreign resident capital gains withholding (FRCGW) rate and threshold will apply to:
- real property disposals where the contract price is $750,000 and above (currently $2 million); and
- the FRCGW withholding tax rate will be 12.5% (currently 10%).
All precedents and commentaries were updated to reflect these changes.
Contract for Sale of Shares – Extensive
A new precedent has been provided. The Contract for the Sale of Shares – Extensive covers many of the issues that may arise in complex transactions. It may be found in our Companies, Trusts and Partnership Guide in the Companies section within Deeds and agreements.
Development services agreement
A recent addition to the precedent library within the Employment Law publication was a Development Services Agreement. An extensive agreement between a principal and a service provider. This new contract appears in the Non-Employment Relationships – Principal and Independent section.
Foreign Resident Capital Gains Withholding Payment
Early Alert – Foreign Resident Capital Gains Withholding Payment
It is proposed that from 1 July 2017 the regime will apply to all real property with a market value of $750,000 or above. Once the bill is law this alert, the commentary and precedents will be updated.
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