Holman Webb News & Publications

We’re Not Gonna Take [copyright infringement] Anymore

daniel.jepson@holmanwebb.com.au (Daniel Jepson) — Wed, 27 Feb 2019 05:15:51 GMT

Another Nail in the Coffin of Franchise Marketing Funds?

corinne.attard@holmanwebb.com.au (Corinne Attard) — Fri, 15 Feb 2019 02:41:33 GMT

The news headlines are shouting the ground breaking penalty of $2.6 million imposed on the auto repair franchisor Ultra Tune Australia by the Federal Court last month.[i] Of that amount $1.1 million was imposed for breaches of disclosure obligations under the Franchising Code of Conduct including about $900,000 specifically arising from breaches of the obligations relating to accounting and disclosing of marketing funds.

Podcast - Let's Talk About Governance

Holman Webb and LASA — Thu, 31 Jan 2019 21:23:40 GMT

New Aged Care Quality Standard 8 states that an Approved Provider’s governing body is accountable for the delivery of safe and quality care and services. In this podcast Alison Choy Flannigan (formerly Holman Webb), Brendan Moore (LASA), Catherine Maxwell (Governance Institute) and Rueben Sakey (IRT) discuss the responsibilities of the Board of an Approved Provider, what is required to prove compliance with the new governance standard and a case study on improving governance. This Podcast is particularly relevant in light of the Royal Commission into Aged Care Quality and Safety.

Rights and Obligations for Maintaining Lots and Common Property

Shane Roberts and Sam Marsh — Thu, 31 Jan 2019 21:14:36 GMT

The January 2019 edition of our Body Corporate Newsletter highlights the rights and obligations of the Body Corporate and lot owners in maintaining common property and rights in relation to access for investigation and repair. Read the latest newsletter for details

Podcast - Let's talk about the New Aged Care Quality Standards

Holman Webb and LASA — Tue, 29 Jan 2019 22:11:52 GMT

Approved Providers will be assessed against the New Aged Care Quality Standards from 1 July 2019. In this podcast Alison Choy Flannigan (formerly Holman Webb), Brendan Moore (LASA), Catherine Maxwell (Governance Institute) and Rueben Sakey (IRT) discuss what is different. It includes a case study on new Standard 3 concerning Personal care and clinical care and some of the challenges in proving compliance. This Podcast from Holman Webb and LASA is particularly relevant in light of the Royal Commission into Aged Care Quality and Safety.

Podcast: Let’s Talk about the New Aged Care Quality Standards

Holman Webb Lawyers and LASA (Leading Aged Services Australia) 2018

Google Fined €50 Million for Breaches of GDPR

Tal Williams and Sabrina Ebrahimi — Fri, 25 Jan 2019 00:34:52 GMT

On 21^st January 2019, France’s data protection regulator, CNIL fined Google 50 million euros (AUD $80 million) for breaches of the European Union’s General Data Protection Regulation (GDPR).

Holman Webb ranked in Australian Financial Review for Advancement of Women in the Legal Profession

Holman Webb — Wed, 19 Dec 2018 23:01:15 GMT

Court of Appeal case reveals that sometimes a reasonable response to risk of harm is to do nothing

nicholas.gordon@holmanwebb.com.au (Nicholas Gordon) — Wed, 19 Dec 2018 04:24:09 GMT

Bruce v Apex Software Pty Limited t/as Lark Ellen Aged Care [2018] NSWCA 330

Case Summary

Introduction
- This Court of Appeal decision reaffirms that a reasonable response to a risk of harm (in this case a 10-20mm height differential in a car park surface), even by an occupier of commercial premises, may be to do nothing.
Facts
- The Plaintiff tripped outside the entrance to an aged care facility operated by the Respondent. The Plaintiff tripped in the carpark area, the surface of which consisted of large, flat concrete slabs boarded by rows of red bricks. There were height differences of 10‑20mm between the edges of the concrete and brick pavers, which had likely been present since 2000 or earlier. Current employees of the Defendant gave evidence that they had not received any complaints about the surface or reports of any falls going back as far as 1998. An assistant nurse undertook twice-yearly inspections to identify safety risks, and did not consider there to be a trip hazard as she considered the height differentials to be minimal.
Section 5B of the Civil Liability Act 2002 (NSW)
- Section 5B of the CLA states that:

“(1) A person is not negligent in failing to take precautions against a risk of harm unless:

Defamation and Body Corporate Managers

Shane Roberts and Sam Marsh — Tue, 20 Nov 2018 21:38:57 GMT

The November 2018 edition of our Body Corporate Newsletter showcases a recent case of alleged defamation that took place in a body corporate meeting and the resultant claim for damages. Read the latest newsletter for the details

Consumer law tips for retailers – staying on the ‘nice’ list this Christmas

daniel.jepson@holmanwebb.com.au (Daniel Jepson) — Sun, 18 Nov 2018 21:36:44 GMT

Christmas is around the corner, which means retailers are getting ready for the busiest period of the year. What better time for a quick refresher on some consumer law issues? Here are a few tips to make sure Santa (the ACCC) doesn’t bring you a lump of coal (an infringement notice).

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