Our legal experts will keep you up to date on all relevant and current developments.

shutterstock_1181464219 (Workplace Death, Injury)
Nov 20, 2019, 4:45:35 PM / by Alicia Mataere and Lee Pike posted in Insurance Workplace Relations

On 25 February 2019, Safe Work Australia published the final report of Marie Boland's review of the Model Work Health and Safety Laws ('the Review'). The Review made a number of recommendations, on which Safe Work Australia sought comment through its Consultation Regulation Impact Statement ('CRIS').

The CRIS, which was completed on 5 August 2019, was published in order to assist Safe Work Australia to prepare a Decision Regulation Impact Statement for WHS Ministers.

The Decision Regulation Impact Statement is expected to be provided to the various WHS Ministers towards the end of 2019.

shutterstock_1011271621 (AI in Insurance) LOWRES
Nov 18, 2019, 12:08:42 PM / by Holman Webb posted in Insurance

Holman Webb's insurance team is delighted to invite readers to attend our upcoming November insurance breakfast seminar, co-hosted by icourts.

shutterstock_1536856919 (Planet Fitness, Gym)
Nov 18, 2019, 8:51:38 AM / by Corinne Attard posted in Franchising & Retail

Holman Webb is pleased to relay the firm's successful involvement in the recently announced Australian expansion of Planet Fitness, one of the largest and fastest-growing franchisors and operators of fitness centres in the United States.

Holman Webb's Franchising and Retail team, headed by Best Lawyers Sydney Franchise Lawyer of the Year 2019, Corinne Attard represented PF Growth Partners, a leading US Planet Fitness franchisee with locations in Maryland, Tennessee and Florida in its investment in a joint venture with Alaska and Oregon based franchisee Bravo Fit LLC and Australian operator Galactic Fitness.

shutterstock_792423616 (Corporate Culture)
Nov 13, 2019, 11:39:37 AM / by Jonathan Casson posted in Business Corporate & Commercial
  • Should lawyers expressly encourage clients to consider the organisation's values when considering their advice?
  • Directors and senior executives must put in a serious effort to understand the culture of their organisation.
  • Legislative change to the financial services provisions of the Corporations Act have introduced a new test that applies to all dishonesty offences.

shutterstock_113908195 (Trade Mark Application - Trademark)
Nov 6, 2019, 3:35:51 PM / by Daniel Jepson posted in Intellectual Property Protection

As most people would likely be aware (and as Holman Webb has previously stated), trade marks are vital business assets - with dozens of trade mark applications being filed every day in Australia. With this in mind, if your application is not up to scratch, significant issues can arise down the track which may prove to be unresolvable.

shutterstock_165123551 (Unfinished Building Works)
Nov 4, 2019, 12:52:03 PM / by John Wakefield & Rui Chi posted in Dispute Resolution and Litigation

In the recent decision of Mann & Anor v. Paterson Constructions Pty Ltd [2019] HCA 329 on 9 October 2019, the High Court clarified the circumstances in which a restitutionary claim on quantum meruit will be available to a contractor who has elected to terminate the contract for the other party's repudiation, in relation to entire contracts and separable portion contracts.

shutterstock_524156644 (Duty of Care)
Oct 9, 2019, 3:29:14 PM / by Nicholas Gordon posted in Insurance

The NSW Supreme Court recently delivered an interesting judgment in the matter of Hossain v Unity Grammar College Limited & Ors [2019] NSWSC 1313.

shutterstock_777193192 (GDPR)
Oct 4, 2019, 10:01:00 AM / by Tal Williams posted in Business Corporate & Commercial

As many readers will be aware, the European Union General Data Protection Regulation (GDPR) came into effect in May 2018. Since the introduction of the regulation, there have been a range of interesting developments, some of which this piece takes a close look at.

shutterstock_1064933888 (1)
Sep 27, 2019, 9:58:43 AM / by Holman Webb posted in Business Corporate & Commercial Insurance

Holman Webb's Insurance Team is delighted to invite readers to attend our upcoming October insurance breakfast seminar. 

Sep 25, 2019, 4:31:58 PM / by Corinne Attard posted in Franchising & Retail

Readers may recall that in January 2019, Ultra Tune Australia was hit by the Federal Court with a massive penalty of $2.6 million for breaches of the Franchising Code of Conduct - with this penalty including $1.1 million for breaches of disclosure obligations. Holman Webb previously reported on this matter.

A point of significance for other Australian franchisors was that the Federal Court judge stated that the standard financial statements for the marketing fund were not sufficient for Code purposes, and that sending out the marketing fund audit statements outside the required time frames were additional breaches, each attracting a penalty.

Further to this, the fact that Ultra Tune had 5 marketing funds (and a large number of franchisees) cumulatively meant there was a multiplier effect, which subsequently lead to an increase in the penalty.

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