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

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. 


Franchise agreements and ‘unfair’ contract terms – increased risk for franchisors

Previously, an ‘unfair’ contract term could be declared void. However, from 9 November 2023, franchisors are prohibited from entering into standard form contracts with franchisees that contain unfair terms. Franchisors are also prohibited from relying on unfair terms, which have been renewed or varied on or after 9 November 2023. Doing so may attract substantial financial court penalties, now potentially in the millions.


Franchise Dispute Process | The Basics

Issues will inevitably arise in a franchise relationship. Sometimes, those issues can be dealt with quickly and in a way that allows both parties to carry on their business in a positive manner. Other times, an issue has become too big, or a series of smaller issues linger, and some type of third party intervention is required.


The Value of Health Sector Experience in Health Law

At Holman Webb Lawyers, we acknowledge the profound impact that direct experience in the health sector, including clinical backgrounds, can have in the field of health law. Our extensive involvement in this sector highlights the benefits of combining legal expertise with an in-depth understanding of healthcare. This synergy not only enriches our legal proficiency but also deepens our grasp of the healthcare environment.

In this article, we'll explore why experience in the health sector, whether through clinical roles or other relevant exposure, is not merely advantageous but highly beneficial in health law, focusing on its influence on legal advice, patient safety, and policymaking.


What Does Alternative Dispute Resolution Mean │ Overview
Friday 8 December 2023 posted in Dispute Resolution ADR Mediation Conciliation

At Holman Webb Lawyers, our expertise in Alternative Dispute Resolution (ADR) plays a significant role in our modern legal practice. ADR transcends being merely an alternative to traditional courtroom proceedings; it demonstrates our proficiency in facilitating solutions that are efficient, cost-effective, and emotionally considerate.


Closing Loopholes Bill Passes House of Representatives

The Fair Work Legislative Amendment (Closing Loopholes) Bill 2023 has been split, with the first part of the Bill passing the Senate this afternoon. The remaining section that passed through the House of Representatives last week will proceed to the Senate in early 2024. To assist employers prepare for the proposed changes to the Fair Work Act 2009 (Cth) (‘the Act’) Holman Webb has highlighted the key amendments (from a total of over 80 proposed changes), which will likely have the greatest impact.


Franchise Startup Essentials
Wednesday 29 November 2023 / by Tal Williams posted in Franchising & Retail Franchise Franchisor

Embarking on a franchise venture in Australia is more than just a business decision; it's a step towards realising entrepreneurial aspirations with the guidance of seasoned experts.

Starting a franchise combines the innovative spirit of a startup with the stability of a recognised brand. This guide from our team of legal experts is designed to ensure you're well-equipped to turn your franchise vision into a thriving business.


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