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

Franchise Startup Essentials
Wednesday 29 November 2023 posted in Franchising & Retail

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.

What Is Coercion In Business Law │ Principles & Practices
Wednesday 29 November 2023 posted in Business, Corporate & Commercial

Coercion in business law is not just a theoretical concept; it's a practical reality that can impact contracts and relationships significantly. Holman Webb Lawyers can help navigate these murky waters, providing clarity and protection to businesses and individuals alike. 

As we delve into the nuances of coercion, let's explore what it means, how it manifests in business dealings, and its legal repercussions.

Blackhead Bowling Club Ltd Vs Harrower

In 2016, a 3 year old girl died when a poorly constructed memorial headstone fell at a bowling club. The girls family sued the Club and the Stonemason, claiming negligence. In this article we explore the negligence claims, trial outcomes, and the shared liability between the Club and the Stonemason.

Lenders - New reforms to Unfair Contract Terms Regime attract harsh penalties

Lenders to amend loan agreements to remove “unfair contract terms” to avoid risk of harsh penalties. 

The new “unfair contract terms” provisions came into play on and from 9 November 2023, and captures Lender’s loan agreements and term sheets.

Case Note: Bellas v Powers [2023] NSWSC

The case of Bellas v Powers [2023] NSW SC involved a dispute over the enforceability of a clause that imposed a higher interest rate on a loan facility in the event of default. The court held that the clause was a penalty as it was extravagant and unconscionable in comparison with the greatest loss that could be proved to have followed from the breach. The term was therefore deemed void and unenforceable.

More on the Harman Obligation

We recently posted an article on the importance of the often forgotten Harman obligation that legal practitioners do not use documents obtained through a compulsory court process for a collateral purpose. This article describes a disciplinary decision about a practitioner who unintentionally breached the Harman obligation. It underscores the importance for practitioners to understand their obligations to the Court.

Unfair Contract Terms. Are you Compliant? If not, is it worth $50m?

In 2016 the Australian government introduced a new law that will come into effect on 9 November 2023 to protect small business from unfair terms in business-to-business standard form contracts. Are you are compliant?

New Register of Foreign Ownership of Australian Assets commences on 1 July

Foreign investors will be required to provide notice to the Commissioner of Taxation of certain transactions relating to interests held in land and in entities and businesses in Australia.

Transactions that occur on or after 1 July 2023 are captured by the new Register of Foreign Ownership of Australian Assets, irrespective of when an approval was granted, (if any).

Franchisors must deliver what they promise – a look at the ‘UFC Gym’ situation

Over the last couple of years, the Franchising Code of Conduct has increased the disclosure obligations on franchisors. However, franchisors have always had to make sure that, in simple terms, they deliver what they promise to franchisees.

Under the Australian Consumer Law, franchisors can be liable where they engage in misleading or deceptive conduct – which can include promising an amount of start-up costs without a reasonable basis.

The Federal Court recently found that this is what took place within the ‘UFC Gym’ system in Australia.

Holman Webb welcomes two Partners in Sydney and one in Melbourne

Holman Webb Lawyers is expanding its capability in several teams to support ongoing growth, announcing the addition of three partners across our Sydney and Melbourne offices.

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