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

Supreme Court Curbs AFCA Jurisdiction: DH Flinders Pty Limited v Australian Financial Complaints Authority Limited

In a decision of the NSW Supreme Court given on 26 November 2020, the Court has found that AFCA has no jurisdiction to determine a dispute against an AFSL holder where the complaint arises from the conduct of its representative allegedly acting outside their authority.


A Lesson in Unequivocal Acceptance: Danbol Pty Ltd v Swiss Re International Se
Friday 13 November 2020 / by Pat O’Shea & Kate Witt posted in Insurance Insurance Contracts Unequivocal Acceptance

The matter of Danbol Pty Ltd v Swiss Re International Se [2020] VSC 23 was originally heard before the Victorian Supreme Court in February 2020. The matter was subsequently appealed and dismissed in November 2020.  

The decisions emphasise the importance of a clear and unequivocal acceptance of an offer before an insurance contract will be considered binding.


Intellectual Property and Virtual Meeting Platforms

Virtual meeting platforms have seen user numbers increase substantially since the end of 2019. Services such as Microsoft Teams, Skype and Zoom have become an increasingly utilised tool as a large number of businesses have directed employees to work from home during the various COVID-19 lockdowns.

When utilising services such as Skype or Zoom, businesses need to be aware of their terms and conditions, particularly what they say about intellectual property relating to content being presented through the platforms.


Extension of Lease Code of Conduct

On 24 April 2020, the NSW Government enacted the Retail and Other Commercial Leases (COVID-19) Regulation 2020 to implement the Lease Code of Conduct

The Regulation applied for a period of six-months, ending on 24 October 2020 - on which date the NSW Government extended the protections for eligible tenants to 31 December 2020. 


Four Partners, One Special Counsel Listed in Doyle's Guide 2020

Congratulations to four Partners and one Special Counsel, who have each been included in recently published Doyle's Guide 2020 lists, including:

  • Leading Dust Diseases Lawyers (Defendant) - Queensland;
  • Leading Dust Diseases Liability Lawyers (Defendant) - South Australia; and
  • Leading Compulsory Third Party Insurance Lawyers (Defendant) - New South Wales.

In addition, Holman Webb is the only firm listed in the Doyle's Guide 'First Tier' category, on the recently published Leading Dust Diseases Law Firms (Defendant) – Queensland list.


Second Time’s a Charm: Preliminary Discovery From ISPs to Unmask Copyright Infringers

Over the years, rights holders have tried several different creative ways to identify and prosecute copyright infringers using the internet. One way of doing that is to compel the potential infringer's internet service provider to produce relevant information through preliminary discovery. The recent decision of Siemens Industry Software Inc v Telstra Corp Ltd is an example of how copyright owners, especially those whose rights are valuable on a "per copy" basis, can use preliminary discovery to find the missing puzzle piece from ISPs.


Remember: Your Personal Information is of Value to Others

HealthEngine, an online booking engine and review platform for medical practises has been hit with a $2.9M fine for sharing the non-clinical personal information of 135,000 patients.


Revenge of the Zombie Company?

Revenge of the Zombies is a 1943 horror film in which zombies exact revenge on their mad scientist creator.

Although there are not many mad scientists on the scene in 2020, there are many zombie companies which, if subject to liquidation, are likely to create an influx of preference claims being brought by liquidators and which will cause grief to credit managers in the coming months and years.


Temporary Remote Witnessing Changes Extended to 2021
Thursday 15 October 2020 / by Courtney Tran posted in Commercial Recovery & Insolvency Document Witnessing COVID-19

In March 2020, the New South Wales Government enacted the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 to prepare New South Wales for the impacts of COVID-19 in line with health advice, and to take immediate steps to address existing barriers in our laws that were incompatible with social distancing policies.  This included amending the Electronic Transactions Act 2000 ('the Act') to create a regulation-making power that would allow for regulations to provide for alternative mechanisms for signing and witnessing documents.

Pursuant to these powers, the New South Wales Attorney-General introduced the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020, which allows for documents to be signed by one person in one place, and witnessed by another person in another place using facilities such as Microsoft Teams, Zoom or FaceTime.


Jumping Castles and Insurance in Australia
Tuesday 6 October 2020 / by Natasha Miller posted in Insurance Jumping Castles Bouncy Castles Injury Liability

Jumping castles, otherwise known as bouncy castles or inflatable trampolines, are a firm favourite at fetes, birthday parties, beer gardens – and even in pools.  

Of course, like any form of fun, they have their hazards.


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