Recent examples of the damage or destruction of culturally significant Aboriginal sites and artefacts has led to a debate about the most appropriate legal tools for their protection. One recent success story wherein a creation 'story site' on Prince of Wales Island (Muralug) in the Torres Strait was protected from a safe harbour development, demonstrates that the courts are willing to step in and grant urgent protection.

NB. This article was originally published in the May 2021 edition of The Law Society of NSW's Law Society Journal (Issue 77).

Holman Webb Lawyers is pleased to announce that we have been listed as an Excellence Awardee in the Australasian Law Awards 2021 – Insurance Specialist Firm of the Year category!

The Full Court of the Federal Court recently delivered its judgment in the matter of Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) [2021] FCAFC 64.

The decision will undoubtedly have significant implications for the ongoing application of the peak indebtedness rule by creditors and liquidators.  

Holman Webb Lawyers is proud to announce that we have been listed as a 5-Star Excellence Awardee in the recently released ‘5-Star Insurance Law Firms and Lawyers 2021’ list, compiled by Australasian Lawyer and Insurance Business Australia.

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This case note discusses the 8 April 2021 decision of Shoveller v Dak-Wal Constructions Pty Ltd (No 2) [2021] NSWSC 352, in which a 76-year-old retiree fell from a 3m high walkway while visiting a holiday home in Kilcare NSW.

In the NSW Court of Appeal decision of Woodhouse v Fitzgerald [2021] NSWCA 54 given on 9 April 2021, the Court addressed whether the Proportionate Liability provisions of the NSW Civil Liability Act were engaged in circumstances where the alleged concurrent wrongdoers had a statutory immunity from suit.

Holman Webb is pleased to announce that five lawyers have been included in the 2022 Edition of The Best Lawyers in Australia.

Trade marks are the essence of franchising. 

All franchise systems strive for widespread recognition of their 'brand'. A common thread between successful franchise systems is that their customers receive a consistent level of quality in goods and services provided under instantly recognisable trade marks. 

However, there are often complexities in the registration and use of trade marks within a franchise system. For franchisors, getting the licensing right is not always clear cut, nor is being able to secure registrations for new products. On the other hand, franchisees will often enhance the reputation of a trade mark, but have no ownership interest and can carry the risk of infringing a competitor's trade mark. 

This article explores the importance of trade marks to a franchise system, and the key parties involved in it.

In a legal first, Holman Webb has assisted an Indigenous group to obtain an injunction to protect a culturally sensitive story site on Muralug Island (Prince of Wales) from works proposed by the Torres Shire Council.  

As a result of this injunction, the site was able to be protected until other proceedings were able to be brought in the Planning and Environment Court against a development approved by the Council at the Pearl Harbour site on Muralug Island.  

In August 2020, Holman Webb published warnings regarding cyber safety, scammers, hackers and dodgy money transfers - with a particular focus on the crucial need to take extra precautions when transferring money to third parties.

In the recent case of Deligiannidou v Sundarjee [2020] NSWSC 437, we see just how cunning hackers have become, and why not doing your due diligence prior to transferring large sums of money can be financially devastating.