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

Important Updates for Businesses Starting 1 July 2024

Earlier today, the Fair Work Commission’s expert wage panel increased the National Minimum Wage and all rates in Modern Awards by 3.75%, commencing the first full pay period on or after 1 July 2024.  This increase in minimum wages will coincide with the legislated rise in minimum superannuation contributions, increasing to 11.5%, on 1 July 2024.


Case Study: Successful Defence in Gas Station Injury Case

LONEY V LUTHA GROUP PTY LTD T/AS SUSSEX INLET SERVICE STATION PTY (NO 2)

Holman Webb Lawyers recently successfully defended proceedings in the District Court in the case of Loney v Luthra Group Pty Ltd t/as Sussex Inlet Service Station (No 2).


Back to Basics - Contract for Sale of Land in NSW

Most people know that a contract for the sale of land in New South Wales must generally contain a copy of the title documents, drainage and sewerage diagram and a planning certificate (section 10.7) issued by the local council. 


Recent Court of Appeal Decision Concerning Claims Against Insurers where Causation was an Issue
Monday 13 May 2024 / by Nicholas Gordon posted in Insurance Court of Appeal

The NSW Court of Appeal recently delivered an interesting judgment in the case of Sydney Trains v Argo Syndicate AMA1200 [2024] NSWCA 101.


Tempo Holidays Pty Ltd (in liq) v Tully & Berkley Insurance Australia
Monday 22 April 2024 / by John Van de Poll posted in Insurance Insurance Duty of Disclosure Travel

The article discusses a case involving the Liquidator of Tempo Holidays and Berkley Insurance Australia. The plaintiffs alleged a breach of the director's duties by Mr Tully led to unsecured loans to the Global Treasury Arrangement (GTA) that were not repaid. The court found that the plaintiffs failed to prove the alleged breaches of duty by Tully or that any breach caused Tempo to suffer loss. Importantly the court also found that Tempo breached its duty of disclosure by not disclosing information which indicated it parlous financial state.


NSW Supreme Court Ruling Highlights Difficulty in Relying on Limitations Defence

A recent ruling by the NSW Supreme Court shed light on the challenges associated with relying on a limitations defence in a case where a claimant suffered injuries from a ladder collapse at a residential property.


Can you believe everything you read from social media influences? The ACCC is investigating.
Wednesday 10 April 2024 / by Isabella Campbell, Solicitor posted in Business, Corporate & Commercial Social Media Influencers Advertising ACCC Consumer Law

In early 2023, the Australian Competition and Consumer Commission (ACCC) conducted an internet sweep of influencers who were promoting and advertising products on social media. In December 2023, the ACCC released their findings, determining and identifying deceptive marketing practices used across the digital economy. 


Australian Securities and Investments Commission v Auto & General Insurance Company Limited [2024] FCA 272

The case of Australian Securities and Investment Commission (ASIC) v Auto & General Insurance Company Ltd [2024] FCA 272 holds significant importance as it marks the first instance of the Federal Court applying the new unfair contract terms in the Australian Securities and Investments Commission Act 2001 (ASIC Act) to insurance contracts. 


The Importance of Workplace Consultation
Thursday 21 March 2024 / by Daniel Iminjan, Holman Webb Lawyers posted in Workplace Relations Workplace Injury Workplace Health and Safety Construction Labour Hire

A labour hire provider in NSW was recently ordered to pay a fine of $82,500 after one of its workers sustained injuries at a client's worksite. This article contains a summary of the case, including a summary of the duties owed by employers to their workers under the WHS Act. The case highlights the need for employers to work closely with workers, clients and other duty holders under the WHS Act to eliminate or respond to workplace risks. 


Lodgement of Caveats During Voluntary Administration

Is the lodgement of a caveat over the real estate of a director or a director's spouse prohibited by operation of section 440J of the Corporations Act?

Section 440J of the Corporations Act provides that during a company's voluntary administration, a personal guarantee cannot be enforced against a director's spouse or relative. This provision is well-known to insolvency practitioners and essentially provides a moratorium so that a director and the director’s family members are protected from enforcing personal guarantees while the administration process plays out. 


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