Publication
International arbitration report
In this edition, we focused on the Shanghai International Economic and Trade Arbitration Commission’s (SHIAC) new arbitration rules, which take effect January 1, 2024.
Australia | Publication | 1 April 2020
There is a regulatory framework which might provide options if you are experiencing ‘financial difficulty/financial hardship’ which, according to the Banking Code of Practice, means you are unable to repay what you owe and are experiencing difficulty meeting your repayment obligations.
Yes, communication is key.
Contact your financial provider and explain the situation and assistance you are looking for1. You are encouraged to be open about your financial position to allow both parties to discuss viable and realistic alternatives.
This will depend on your individual circumstances but may include:
The lender must respond to your notification and assist you in overcoming your repayment difficulties.
The Australian Financial Complaints Authority (AFCA) is an independent body who will help resolve disputes with the lenders. Their decisions are legally binding. You may make a free complaint to the AFCA if the lender:
You also have the right to apply to a court for a hardship variation but this is not recommended as it is complex and expensive.
On 12 March 2020, the Commonwealth Government announced a once off $750 Economic Support Payment for 6.5 million Australians. Those who are currently receiving social security payments will be eligible for the once-off payment.
The Commonwealth State and Territory governments are continuing to respond to the challenges posed to individuals and the support (payments, tax breaks etc) provided will continue to evolve. This can be monitored by reference to dedicated websites for Commonwealth Treasury and each State and Territory.2
Centrelink provides emergency payments to people eligible for income support.3
You may be entitled to a ‘Crisis Payment’ if you are in an extreme situation such as:
Many banks have dedicated pages in response to COVID-19. Please visit your bank’s home web page for more information.
National Debt Helpline [website (www.ndh.org.au) or call 1800 007 007] to receive free financial counselling.
Keep up to date with the Government’s Economic Response to the Coronavirus.
Yes, if your business qualifies as a ‘small business’ and has ‘financial difficulty’.
What is a ‘small business’ under the Banking Code of Practice?
Your business will be a ‘small business’ if, at the time it obtained the banking services:
(a) Any undrawn amounts under existing loans.
(b) Any loans being applied for.
(c) The debt of all its related entities that are businesses.
Under the Banking Code of Practice, it means that your business is unable to repay what your business owes and are experiencing difficulty meeting your repayment obligations.
Some measures may include fee free redraws or access to term deposit funds without reduction in interest rate.
If you have lost business or profits due to COVID-19, you should contact your insurance provider.
Small business owners still affected by the bushfires can contact the Small Business Bushfire Financial Counselling Support Line on 1800 413 828.
For this 2020 tax year there will be a $25,000 income tax write-off for businesses with a turnover of less than $50 million.4
The Government has also offered a deferral of GST, income and other tax payments for four months. This will be considered on a case-by-case basis.
Many lending institutions are implementing support measures to help their business customers impacted by COVID-19.
On 20 March 2020, the Australian Banking Association announced a Small Business Relief Package. This includes banks deferring loan repayments for six months for small businesses. At the time of publication, this package was subject to authorisation by the ACCC.5
Most importantly, small businesses should contact their banks to discuss relief options.
Publication
In this edition, we focused on the Shanghai International Economic and Trade Arbitration Commission’s (SHIAC) new arbitration rules, which take effect January 1, 2024.
Publication
On September 18, 2024, the "Decree amending the list that sets forth goods whose import and export are subject to regulation by the Ministry of Energy" (the "Decree") was published in the Federal Official Gazette.
Publication
On September 18, 2024, the "Decree amending the list that sets forth goods whose import and export are subject to regulation by the Ministry of Energy" (the "Decree") was published in the Federal Official Gazette.
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