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

NSW Supreme Court Ruling Highlights Difficulty in Relying on Limitations Defence

A recent ruling by the NSW Supreme Court shed light on the challenges associated with relying on a limitations defence in a case where a claimant suffered injuries from a ladder collapse at a residential property.

Can you believe everything you read from social media influences? The ACCC is investigating.
Wednesday 10 April 2024 / by Isabella Cambell, Solicitor posted in Business, Corporate & Commercial Social Media Influencers Advertising ACCC Consumer Law

In early 2023, the Australian Competition and Consumer Commission (ACCC) conducted an internet sweep of influencers who were promoting and advertising products on social media. In December 2023, the ACCC released their findings, determining and identifying deceptive marketing practices used across the digital economy. 

Australian Securities and Investments Commission v Auto & General Insurance Company Limited [2024] FCA 272

The case of Australian Securities and Investment Commission (ASIC) v Auto & General Insurance Company Ltd [2024] FCA 272 holds significant importance as it marks the first instance of the Federal Court applying the new unfair contract terms in the Australian Securities and Investments Commission Act 2001 (ASIC Act) to insurance contracts. 

The Importance of Workplace Consultation
Thursday 21 March 2024 / by Daniel Iminjan, Holman Webb Lawyers posted in Workplace Relations Workplace Injury Workplace Health and Safety Construction Labour Hire

A labour hire provider in NSW was recently ordered to pay a fine of $82,500 after one of its workers sustained injuries at a client's worksite. This article contains a summary of the case, including a summary of the duties owed by employers to their workers under the WHS Act. The case highlights the need for employers to work closely with workers, clients and other duty holders under the WHS Act to eliminate or respond to workplace risks. 

Lodgement of Caveats During Voluntary Administration

Is the lodgement of a caveat over the real estate of a director or a director's spouse prohibited by operation of section 440J of the Corporations Act?

Section 440J of the Corporations Act provides that during a company's voluntary administration, a personal guarantee cannot be enforced against a director's spouse or relative. This provision is well-known to insolvency practitioners and essentially provides a moratorium so that a director and the director’s family members are protected from enforcing personal guarantees while the administration process plays out. 

The Right to Disconnect
Wednesday 28 February 2024 / by Daniel Iminjan, Holman Webb posted in Workplace Relations Workplace Relations Workplace Rights Right to Disconnect

The recent passage of the Federal Government’s Closing the Loopholes Bill (No. 2) introduced significant and controversial reforms, including the 'right to disconnect'. This article addresses what is the right to disconnect and what are the expectations. 

What Is A Fixture In Property Law?

Fixtures refer to items that transition from being personal property (a chattel) to becoming part of the real property through attachment. This distinction is critical for anyone buying or selling property, as it influences rights and expectations. In this article, we aim to clarify the concept of fixtures, providing valuable insights for those navigating the complexities of property law. 

Securing The Repayments of Loans - Mortgages and Securities

Lenders typically secure loans by way of a mortgage over real property or as a security interest over a borrower’s or guarantor’s personal property, including personal, business or company assets.

This article provides a guide on the operation of mortgages and security interests and highlights key differences that Lender’s should consider.

Should I Purchase a Company Title Property?
Wednesday 24 January 2024 / by Robyn Chamberlain posted in Property Company Title Property First Home Buyer

Company title is a term used to describe a conventional property title that is held by a company.  The shareholders of the company have a right to occupy a part of the building or land in accordance with the constitution of the company.  The company is the registered proprietor of the land. “Is it a good idea for me to buy a company title property?”.

What Does Residuary Estate Mean In A Will?
Wednesday 24 January 2024 posted in Wills & Estate Planning Residuary Estate Estate Planning Wills

Residuary estate, is an often-overlooked but crucial concept in wills and estate planning. In this article, we demystify the concept of residuary estate, offering insights from our seasoned professionals to help you navigate these complexities with clarity and confidence. 

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