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

Holman Webb Lawyers announces eight promotions across three offices, effective 1 July 2023
Wednesday 28 June 2023 posted in Commercial Recovery & Insolvency Insurance Promotions

Holman Webb Lawyers is proud to announce eight promotions across three offices, effective 1 July 2023.

Scenic Tours Left With $10 Million Damages Award After Substantially Failing in its Latest Appeal

The NSW Court of Appeal recently delivered an interesting judgment in the matter of Scenic Tours Pty Ltd v Moore [2023] NSWCA 74.

The Plaintiff in this matter, Mr David Moore, was the lead Plaintiff in a class action against Scenic Tours by thousands of disgruntled cruise ship passengers from multiple separate cruises.

For extra context, we suggest reading our 2020 article discussing Moore v Scenic Tours Pty Ltd [2020] HCA 17: Damages for ‘Disappointment and Distress’ Available to Consumers for Breaches of Consumer Guarantees for Travel and Recreational Contracts.

Eleven Lawyers Named in Best Lawyers, and Best Lawyers Ones to Watch Australia 2024

Holman Webb is pleased to announce that eleven lawyers have been included in the 2024 Edition of The Best Lawyers in Australia, and Best Lawyers: Ones to Watch in Australia. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. 

Booktopia to Pay $6 Million in Penalties for Breaches of the Australian Consumer Law

The Australian Competition and Consumer Commission has ordered Booktopia Pty Ltd (‘Booktopia’) to pay $6 million dollars in penalties for breaches of the Australian Consumer Law.

Specifically, Booktopia was found to have made false and misleading representations regarding consumer rights and guarantees in the Terms of Business provided on their website, and by their customer relations and service staff working within their service centres.

Court of Appeal Considers the Limitation Period for Personal Injury Actions

Section 50C of the Limitation Act 1969 has a 3-year limit for a plaintiff to commence a personal injury claim from the date that the cause of action was ‘discoverable’. 

Section 50D of the Act says the cause of action is discoverable when the claimant knows or ought to know of the fact that:

  1. the injury or death concerned has occurred,
  2. the injury or death was caused by the fault of the defendant,
  3. the injury was sufficiently serious to justify the bringing of an action on the cause of action.

In the 31 March 2023 Court of Appeal decision in Horne v J K Williams Contracting Pty Ltd [2023] NSWCA 58 the Court concluded that the plaintiff knew of the 3 facts soon after the accident.  The plaintiff’s push bike had collided with orange barricades on the side of the road.  

Bulk Notifications – Precautionary Notifications - Notification of a problem: When is a notification sufficient for the purpose of S.40? A look at Uniting Church in Australia Property Trust (NSW) v Allianz Australia Insurance Limited [2023] FCA 190

The recent Federal Court decision in Uniting Church in Australia Property Trust (NSW) v Allianz Australia Insurance Limited [2023] FCA 190 arose out of historic claims of sexual and physical abuse at Knox Grammar School in Sydney, dating back to the 1970’s.

Insurance Webinar Recording: 2022 - A Year in Review

Click through to view a recording of Holman Webb's Insurance Group's first webinar of the year: 2022 - A Year in Review.  Presented by Partner and National Insurance Group Leader John Van de Poll on Thursday 2 March 2023, this webinar examined a range of significant cases from 2022.

It’s Not Easy Being Green - ACCC Targets Greenwashing Claims by Businesses
Friday 10 March 2023 / by Tal Williams posted in Business, Corporate & Commercial Greenwashing

On 7 March 2023, the new chair of the Australian Competition and Consumer Commission, Gina Cass-Gottlieb, announced the Commission’s 2023-2024 Compliance and Enforcement Priorities  in relation to competition and consumer issues.

One of the top priorities is combatting ‘greenwashing’ claims by businesses.

The Oft-Forgotten “Harman” Undertaking: A Case Note on NSW Mobile Fleet Services Pty Limited v Max Mobile & Detailing Pty Limited [2023] NSWSC 140

Every so often, a case comes up that reminds us of an often forgotten undertaking that solicitors owe the court: the “Harman” undertaking.  

The Harman undertaking concerns documents or information that the court compels third parties to produce.  It operates to prevent any of the parties to litigation from using documents obtained in the course of that litigation for the purpose of other unrelated proceedings, without the leave of the court.

Generally, the court will look for special circumstances explaining why a document should be released for use in other proceedings.  Even when special circumstances are established, the court still has discretion regarding whether to authorise the release of the information. 

The Franchise Disclosure Register is Now in Force

In late 2021, the much-anticipated Franchise Disclosure Register was announced by the government of the day. Around that time, Holman Webb dove into what the register would look like, and what franchisors would need to do to prepare for its introduction. See our November 2021 article ‘The Franchise Disclosure Register – What is it and When Does it Begin?’.  The register is now in force.

Key Takeaways:
  • Franchisors must, if they haven’t already, create a profile on the Franchise Disclosure Register as soon as possible and provide the mandatory information.
  • The profile and information provided should be updated at least annually. Franchisors should also take care to make sure the information provided is consistent with their disclosure document and key facts sheet.

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