Warlows Legal Rosh Hashana Editorial
Justice Legislation Amendment Bill 2023 – VCAT, Federal Jurisdiction, and More
What is the Justice Legislation Amendment Bill 2023? The Justice Legislation Amendment Bill 2023 was introduced into the Victorian Parliament in August 2023, and has just recently passed both houses. The Bill was enacted with the purpose of effecting significant amendments across various facets of the Victorian legal system, and clarifying procedural and jurisdictional issues […]
The JBWere NAB Charitable Giving Index (CGI) – August 2023
As one of our main areas of specialisations, Warlows Legal is constantly observing the changing landscape of charities, and charitable contributions. The JBWere NAB Charitable Giving Index is a pivotal source for insights into the world of philanthropy; offering concise updates on charitable organizations and in-depth analyses of sectoral shifts, this index serves as a […]
Statutory Declarations to transform in digital overhaul
In Australia, there are various procedures and rules you must comply with to make sure your documents are legally valid. For example, before the pandemic, statutory declarations had to be signed in person by an authorised witness, such as a Justice of the Peace. During Covid, the Australian Government introduced temporary measures allowing electronic execution […]
What Are Related Party Transactions?
From the 2023 Annual Information Statement onwards, charities are required to report on their related party transactions. What is this transaction though? What must charities report on? And why was this introduced? Why Have Related Party Transactions? A charity’s financial decisions must be made in its own best interests, and not in the interests of […]
Unfair Contract Terms Regime – Comprehensive Guide to Changes
The Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Act) was passed on 9 November 2022 and will come into effect on 9 November 2023. From this date, unfair contract terms (UCT) will be illegal, the UCT regime will be expanded under the Competition and Consumer Act 2010 (Cth) (CCA) and the Australian Securities […]
Outside VCAT’s Jurisdiction
VCAT was established to provide fair, efficient and affordable justice to the Victorian community. Recent decisions such as Thurin v Krongold Constructions 120221 VSCA 226 Thurin) and Vaughan Constructions Pty Ltd v Melbourne Water Corporation (Building and Property) 120231 VCAT 233 (Vaughan) have raised concerns about VCAT’s future viability as an effective forum for dispute […]
Do You Have to Make Progress Payments to Your Builder? A Recent Supreme Court Clarification
In the context of large, commercial developments, Victorian law has implemented protections for builders wherein the owner of the site is required to make ‘progress payments’: to pay the builder progressively for their work. Since its passing in 2002, the Building and Construction Industry Security of Payment Act 2002, has awarded the right to builders to make […]
Is My Sporting Club a Charity?
In Australia, being registered as a charity has numerous advantages for organisations which are pursuing benefactory, charitable or not-for-profit purposes. Amongst other things, it qualifies them for tax exemptions, at both a State and Commonwealth level, and registration as a charity is therefore desirable for many bodies, and sometimes vital to their work. Sporting clubs, […]
What if I Forget to Meet My Reporting Requirements as a Charity?
Registered charities are, by law, required to submit an Annual Information Statement to the Australian Charities and Not-for-profits Commission outlining the charity’s operations and finances over a 12-month period. Certain charities, such as Aboriginal and Torres Strait Islander corporations, basic religious charities, and non-government schools may not be required to submit the Annual Information Statement […]