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

SMSF Auditor Liability - Accountant Update April 2019
Thursday 11 April 2019 / by Shane Roberts and Callun Blurton posted in Banking & Finance Business, Corporate & Commercial

Two recent cases involving SMSF auditors highlight the potential liability of auditors in undertaking audits of SMSF’S and the need for auditors to obtain evidence to support the opinions expressed. Find out more in our April 2019 Accountant Update

Trade Mark Licensing: Common Questions and Mistakes

Trade marks are core assets of many businesses, but in our experience they are often overlooked. A few recent cases have highlighted just how important it is to make sure your trade mark arrangements are in place and effective. Registering a trade mark is not the end of the process; there have been many cases of businesses ‘setting and forgetting’ their marks only to have their registrations challenged.

Genuine Demolitions: Landlords 2, Tenants Nil
Thursday 4 April 2019 / by Corinne Attard posted in Franchising & Retail Property

2019 has started with a couple of very significant cases in the retail leasing division of NCAT (NSW Civil and Administrative Tribunal) – both of which have gone the landlord’s way and delivered some unfortunate news for tenants in New South Wales.

Holman Webb Lawyers Named in Best Lawyers List for 2020
Monday 25 March 2019 / by Holman Webb posted in Dispute Resolution Franchising & Retail Insurance Holman Webb News

We are pleased to announce our sector focussed leading lawyers have been recognised in the 2020 Best Lawyers in Australia list as published in the Australian Financial Review.

Holman Webb Named Finalists in Australasian Law Awards 2019
Monday 25 March 2019 / by Holman Webb posted in Insurance Holman Webb News

Holman Webb Lawyers have been nominated as finalists for the Australasian Law Awards 2019 in the categories of:

  • Insurance Specialist Firm of the Year
  • Law Firm of the Year (1-100 lawyers)

Does a Body Corporate Owe Any Duties to a Lot Owner For Defects on Common Property?
Friday 8 March 2019 / by Shane Roberts and Sam Marsh posted in Property

The March 2019 edition of our Body Corporate Newsletter provides a short refresher on the question of what duties are owed by a body corporate to lot owners when there are defects on common property, particularly defects that may cause issues with a lot owner’s property.

Proposed Legislation to Combat Illegal Phoenix Activity

Illegal phoenix activity involves the deliberate and systematic stripping and transferring of assets from one company to another company to avoid paying liabilities, such as tax or superannuation.  In these circumstances, the company directors strip out the cash and assets, liquidate the company and then re-commence the same or a similar business through a new corporate entity.

We’re Not Gonna Take [copyright infringement] Anymore

Anyone watching television over the Summer will have seen advertisements for the United Australia Party, led by Clive Palmer. In one version, a song is played with the lyrics ‘Australia ain't gonna cop it, no Australia's not gonna cop it, Aussies not gonna cop it any more.

ACCC v Ultra Tune Australia: Another Nail in the Coffin of Franchise Marketing Funds?
Friday 15 February 2019 / by Corinne Attard posted in Franchising & Retail

The news headlines are shouting about the ground breaking penalty of $2.6 million imposed on the auto repair franchisor Ultra Tune Australia, by the Federal Court last month, in the case of Australian Competition and Consumer Commission v Ultra Tune Australia Pty Ltd [2019] FCA 12.  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. 

Rights and Obligations for Maintaining Lots and Common Property
Friday 1 February 2019 / by Shane Roberts & Sam Marsh posted in Property

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. 

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