COVID-19 Management & Recovery

As we all continue to navigate the dynamic COVID-19 environment, it is important to stay on top of the issues and be aware of the impact of changing regulations.

We have prepared a range of questions for you to consider as you navigate this unusual business environment, and invite you to get in contact to discuss your situation. 

We are here to help you succeed and recover.

Contracts

  1. Can we rely on COVID-19 to relieve us of our obligations under our existing contracts and agreements?
  2. Can we vary the terms of existing contracts and agreements to account for the current climate?
  3. What are our options if any counterparties are unable to meet their obligations under existing contracts due to COVID-19?
  4. What remedies are available for breach of contract in the COVID-19 environment? Are courts or mediations accessible throughout this period?
  5. How can we ensure that our future contracts and agreements minimise risks to and liabilities of our business in the event of another global health crisis or pandemic?

Employees

  1. What are our obligations in relation to work health and safety, and how do we meet them?

  2. Can we require employees to take annual leave?

  3. Are we eligible for any Government support schemes in respect of our workforce?

  4. How do we maintain our workforce and can we avoid redundancies?

  5. What are our legal obligations if and when redundancies, retrenchments or redeployments do become necessary?

  6. How do we navigate a successful path back to pre-pandemic working conditions and what are our obligations to our employees in doing so?

Estate Planning

  1. Does COVID-19 pose any significant risks to my current estate plan?

  2. How can I best protect my family’s assets in such uncertain times?

  3. Should I review my current Will, and other estate documents? If so, can this be done remotely?

  4. Have I designated a Medical Treatment Decision Maker?

  5. What if my appointed guardian to my minor children lives interstates or overseas?

Intellectual Property

  1. Does the scope of our existing IP protections cover the new ways we are delivering our existing goods and services, as well as the new goods and services we now offer?

  2. Do the recent transitions of many businesses to offer high demand products pose any infringement risks to our existing IP rights?

  3. How can we maintain and enforce our intellectual property rights over our crisis-driven innovations?

  4. Will our trademarks be at risk if our business has to temporarily close its operations?

Sports Management

  1. How will COVID-19 impact our ability to perform our obligations under our existing contracts and agreements?

  2. How should we manage our contractual relationships with athletes, officials, sponsors and partners amid modified operations?

  3. Should we consider diversifying our portfolio to include new leagues and regions?

  4. Should we invest in e-sports? And if so, how?

  5. Should we attempt to negotiate variations to our existing contracts and agreements?

Privacy and Data

  1. How can we comply with our privacy obligations while our employees are working from home?

  2. Do we need to update our privacy policy now that our employees are working from home?

  3. Do we have an adequate data breach response plan that accounts for our new working arrangements?

  4. What are our obligations in respect of the personal information that we collect from our employees and customers?

  5. Can we disclose COVID-19 related information about our employees?

Commercial Leasing

  1. Can tenants request abatement or a reduction in their rent?

  2. What options do landlords have when/if a tenant claims frustration?

  3. Should landlords consider amending their rental agreements in respect of future tenants?

  4. How do commercial tenancy legislative changes impact my lease agreement(s)?

  5. Under what circumstances are tenants protected from termination for non-payment?

Property Development

  1. How can we expect COVID-19 to effect the property market now and in the future?

  2. Are we entitled to extensions of time under force majeure or change of law provisions in our existing development agreements?

  3. Are force majeure provisions in our existing construction contracts wide enough to cover delays in relation to COVID-19?

  4. Are there any land tax measures to help us manage the COVID-19 climate?

  5. Are we eligible for the Governments HomeBuilders grant?

  6. Can we refinance or extend our existing financial mechanisms?

From our Knowledge Base

Important updates to Commercial Leasing Regulations

Important updates to Commercial Leasing Regulations

Just in the nick of time - the COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 have been amended. The amendments take effect from 29 September 2020. Some of the most important changes are around the rent relief application...

More time for financially stressed individuals and companies

More time for financially stressed individuals and companies

The Federal Government will extend the temporary relief measures for financially distressed individuals and businesses to 31 December 2020. The measures include: 1. The period within which a statutory demand must be complied is extended from 21 days to 6 months 2. The...