As new businesses develop and technology advances some principles still remain the same.

Recently a digital advertising agency was prosecuted by the Australian Competition and Consumer Commission in relation to the supply or possible supply of its advertising services. The advertising was to be done by way of digital displays at various shopping centres.

From 12 November 2016 unfair terms that appear in standard form contracts involving small business are void and cannot be relied upon. To qualify as a small business contract, one of the parties must have less than 20 employees and the upfront price payable under the contract must not exceed $300,000 or, if the contract is for more than 12 months, $1,000,000.

Holman Webb is delighted to announce we have been selected as a finalist in the 16th Annual Lawyers Weekly Australian Law Awards – Insurance Team of the Year category. Recognizing excellence in law, these prestigious awards celebrate the achievements of the very best the legal profession has to offer across a number of categories of law.  

Holman Webb is delighted to announce 9 internal promotions across our Sydney and Melbourne office, effective 1 July 2016.   These promotions span across the workplace relations, insurance, property, commercial recovery and insolvency and ctp practices.

We are pleased to announce that Holman Webb is co-sponsoring the inaugural International Negotiation and Dispute Resolution Seminar Series. The project is an initiative of the NSW Young Lawyers’ International Law Committee in partnership with the Australian International Disputes Centre and the Australian Centre for International Commercial Arbitration.

The aim of this project is to give Series participants a greater understanding of different areas of international dispute resolution in private law, public law and investment disputes, as well as treaty and contract negotiation. The twenty-five Series Participants were selected by application.

Last year Holman Webb Lawyers Brisbane successfully obtained orders against a company director and a company officer for contempt of court. The contempt orders were necessary to enforce injunctive orders previously obtained by HWLB on behalf of Beech Ovens Pty Ltd. These proceedings are an exemplar of the personal liability which directors and company officers have for the actions of their company in complying with Court orders.

The Fair Work Commission’s Expert Wage Panel determined to increase the National Minimum Wage and Modern Award rates of pay by 2.4%.  The new rates of pay will come into effect from the first full pay period on or after 1 July 2016.

Specifically, from 1 July 2016 the National Minimum Wage will be $672.70 per week or $17.70 per hour.  The rates of pay in all Modern Awards will also increase by 2.4% and consequently increase the amount of any applicable loadings or penalties, however that increase may not be 2.4%.

Associations and charities alike understand the need to negotiate their way through changing patterns of contact and response from government, and have seen how the government’s attitude to the Australian Charities and Not-for-profits Commission and regulation of charities has changed lately.

Holman Webb is delighted to announce that we have been selected as finalists in the following Australasian Law Awards 2016 categories:

• Law Firm of the Year (up to 100 lawyers)
• Insurance Specialist Firm of the Year

Standard form contracts have long been under a cloud and have troubled contract theory because they may arise even though there may have been no ’meeting of minds’ between the parties. Even so, merchants have found them very useful, probably for as long as there have been merchants. In Schroeder Music Publishing Co Ltd v Macaulay [1974] 1 WLR 1308 Lord Diplock noted the ’ancient’ history of standard form contracts and approved those between merchants facilitating terms of trade, but criticised the growth of one-sided contracts between parties of unequal bargaining power.