Information for the legal profession on
COVID-19 outbreak
We will continue to monitor and update the legal profession with the latest news regarding COVID-19.
Updates from the Family Court and
Federal Circuit Court
The Courts have a dedicated page for all COVID-19 related information for the profession at the following:
Updates from the Federal Court
Special measures in response to COVID 19 have been outlined. Read more.
Update on Commercial Tenancies
A mandatory code of conduct guided by certain principles will be developed and subsequently legislated by state and territory governments and will apply to tenancies where the tenant is eligible for the Commonwealth Government’s JobKeeper assistance and is a small-or medium-sized enterprise (less than $50 million turnover).
The principles that guide the code will be:
a. Where it can, rent should continue to be paid, and where there is financial distress as a result of COVID-19 (for example, the tenant is eligible for assistance through the JobKeeper program), tenants and landlords should negotiate a mutually agreed outcome.
b. There will be a proportionality to rent reductions based on the decline in turnover to ensure that the burden is shared between landlords and tenants.
c. There will be a prohibition on termination of leases for non-payment of rent (lockouts and eviction).
d. There will be a freeze on rent increases (except for turnover leases).
e. There will be a prohibition on penalties for tenants who stop trading or reduce opening hours.
f. There will be a prohibition on landlords passing land tax to tenants (if not already legislated).
g. There will be a prohibition on landlords charging interest on unpaid rent.
h. There will be a prohibition on landlords from making a claim to a bank guarantee or security deposit for non-payment of rent.
i. Ensure that any legislative barriers or administrative hurdles to lease extensions are removed (so that a tenant and landlord could agree a rent waiver in return for a lease extension).
For landlords and tenants that sign up to the code of conduct, states and territories have agreed to look at providing the equivalent of at least a three month land tax waiver and three month land tax deferral on application for eligible landowners, with jurisdictions to continue to monitor the situation. Landlords must pass on the benefits of such moves to the tenants.
In cases where parties have signed to the code of conduct, the ability for tenants to terminate leases as mentioned in the National Cabinet Statement on 29 March 2020 will not apply. Mediation will be provided as needed through existing State and Territory mechanisms.
The proposed code of conduct will be discussed at the next meeting of the National Cabinet on Tuesday 7 April 2020.
JobKeeper update
The government has updated the JobKeeper fact sheets on the Treasury website.
Helpline available
The Business Hotline – 13 28 46 – has been expanded to provide specialist advisers and extended hours to support small and medium businesses impacted by the COVID-19 pandemic. You can also send an email.
The Hotline operates seven days per week and provide an additional two hours a day of support outside standard operating hours for the first month, answering calls from 7.00am to 11.00pm AEST.
Australian Taxation Office (ATO) Support
The ATO has set up an Emergency Support Infoline - 1800 806 218.
Jobs Hub website
The Federal Government has launched a site – Jobs Hub – which lists all available jobs on the internet, in a bid to help Australians out of work because of coronavirus. Read more.
