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

shutterstock_792423616 (Corporate Culture)
Nov 13, 2019 11:39:37 AM / by Jonathan Casson posted in Business Corporate & Commercial
  • Should lawyers expressly encourage clients to consider the organisation's values when considering their advice?
  • Directors and senior executives must put in a serious effort to understand the culture of their organisation.
  • Legislative change to the financial services provisions of the Corporations Act have introduced a new test that applies to all dishonesty offences.

shutterstock_777193192 (GDPR)
Oct 4, 2019 10:01:00 AM / by Tal Williams posted in Business Corporate & Commercial

As many readers will be aware, the European Union General Data Protection Regulation (GDPR) came into effect in May 2018. Since the introduction of the regulation, there have been a range of interesting developments, some of which this piece takes a close look at.

shutterstock_1064933888 (1)
Sep 27, 2019 9:58:43 AM / by Holman Webb posted in Business Corporate & Commercial Insurance

Holman Webb's Insurance Team is delighted to invite readers to attend our upcoming October insurance breakfast seminar. 

shutterstock_385704088 (Data Breach, Laptop)
Sep 25, 2019 11:42:32 AM / by Tal Williams posted in Business Corporate & Commercial Technology Law

Many readers will be aware that the mandatory data breach reporting requirements in Australia have been in operation since February of 2018. In September last year Holman Webb reported on the statistics provided by the Office of the Australian Information Commissioner relating to the quarter ending July 2018.

So, how are things looking 18 months into the operation of the mandatory reporting regime?

The statistics show that:

shutterstock_1240092271 (Liquidation, Insolvency, Creditors, Debt)
Sep 23, 2019 2:28:00 PM / by Shane Roberts and Sam Marsh posted in Business Corporate & Commercial

In the 2018 Federal Budget, the government announced that it proposed to reform relevant legislation so that regulators could more efficiently curtail illegal phoenix activity.

These announcements have now been acted upon, and on 13 February 2019, the Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 ('the Illegal Phoenixing Bill') was introduced into Parliament. The proposals in the Bill include giving ASIC, liquidators, and the ATO new powers to help deter and disrupt illegal phoenix activities and prosecute culpable directors and associated persons.

shutterstock_556560115 (Government, Parliament)

Working steadily with broad coercive powers, numerous and highly visible Royal Commissions in Australia have uncovered shocking examples of corrupted cultures in organisations that must be concentrating the minds of directors everywhere.

shutterstock_761198749 (Trade Mark)

It has become increasingly common for corporate groups to hold their trade marks and other intellectual property within a dedicated, non-trading entity.

While this may assist with asset protection, it can lead to concerns about whether use of the trade mark by another member of the group is "authorised". The recent Full Federal Court decision of Trident Seafoods Corp v Trident Foods Pty Ltd examined this issue in the context of a trade mark that was used by the parent but owned by a subsidiary.

Holman Webb Australian Payroll Association
Aug 14, 2019 3:02:24 PM / by Tal Williams posted in Business Corporate & Commercial

Corporate & Commercial Partner Tal Williams recently caught up with Tracy Angwin, CEO of the Australian Payroll Association, to discuss a range of issues surrounding payroll and data privacy.

shutterstock_520723945 (Reports, Financials)

Now that we are well into August, it is crucial for franchisors to be aware that there are just three months remaining before the deadline for franchise disclosure documents to be finalised (31 October 2019).  Franchisors should similarly note that there are now only 2 months left to get your vote organised and finalised in relation to the auditing of your marketing fund, if you have one.

If you are an Australian franchisor with operations based on the usual financial year (ending 30 June), now is the ideal time for you to look at organising a timeline for these necessary tasks.

With this in mind, Holman Webb has compiled a 10-step guide to compliance, which we encourage all franchisors to follow.


It is often thought that the law is slow, and unable to keep up with technological change - although it is important to note that this is not always the case.

More often than not, the law is sufficiently clear, but is effectively sitting in wait for someone to launch a challenge over a new piece of technology, in order for it to actually be applied.

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