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

Four Partners, One Special Counsel Listed in Doyle's Guide 2020

Congratulations to four Partners and one Special Counsel, who have each been included in recently published Doyle's Guide 2020 lists, including:

  • Leading Dust Diseases Lawyers (Defendant) - Queensland;
  • Leading Dust Diseases Liability Lawyers (Defendant) - South Australia; and
  • Leading Compulsory Third Party Insurance Lawyers (Defendant) - New South Wales.

In addition, Holman Webb is the only firm listed in the Doyle's Guide 'First Tier' category, on the recently published Leading Dust Diseases Law Firms (Defendant) – Queensland list.  Similarly, Holman Webb is listed in the 'Leading' category for Leading Dust Diseases Law Firms (Defendant) – South Australia.


Second Time’s a Charm: Preliminary Discovery From ISPs to Unmask Copyright Infringers

Over the years, rights holders have tried several different creative ways to identify and prosecute copyright infringers using the internet. One way of doing that is to compel the potential infringer's internet service provider to produce relevant information through preliminary discovery.

The recent decision of Siemens Industry Software Inc v Telstra Corp Ltd is an example of how copyright owners, especially those whose rights are valuable on a "per copy" basis, can use preliminary discovery to find the missing puzzle piece from ISPs.


Remember: Your Personal Information is of Value to Others

HealthEngine, an online booking engine and review platform for medical practises has been hit with a $2.9M fine for sharing the non-clinical personal information of 135,000 patients.


Revenge of the Zombie Company?

Revenge of the Zombies is a 1943 horror film in which zombies exact revenge on their mad scientist creator.

Although there are not many mad scientists on the scene in 2020, there are many zombie companies which, if subject to liquidation, are likely to create an influx of preference claims being brought by liquidators and which will cause grief to credit managers in the coming months and years.


Temporary Remote Witnessing Changes Extended to 2021
Thursday 15 October 2020 / by Courtney Tran posted in Commercial Recovery & Insolvency Document Witnessing COVID-19

In March 2020, the New South Wales Government enacted the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 to prepare New South Wales for the impacts of COVID-19 in line with health advice, and to take immediate steps to address existing barriers in our laws that were incompatible with social distancing policies.  This included amending the Electronic Transactions Act 2000 ('the Act') to create a regulation-making power that would allow for regulations to provide for alternative mechanisms for signing and witnessing documents.

Pursuant to these powers, the New South Wales Attorney-General introduced the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020, which allows for documents to be signed by one person in one place, and witnessed by another person in another place using facilities such as Microsoft Teams, Zoom or FaceTime.


Jumping Castles and Insurance in Australia
Tuesday 6 October 2020 / by Natasha Miller posted in Insurance Jumping Castles Bouncy Castles Injury Liability

Jumping castles, otherwise known as bouncy castles or inflatable trampolines, are a firm favourite at fetes, birthday parties, beer gardens – and even in pools.  

Of course, like any form of fun, they have their hazards.


New Insolvency Regime to be Introduced From 1 January 2021

From 1 January 2021 new insolvency regimes will be introduced which will involve:

  1. a new insolvency process for small businesses whereby financially distressed but viable companies can restructure their existing debts and continue to trade; and
  2. a simplified liquidation process which will allow for faster and lower-cost liquidation.

Legal Lockdown - Episode 11: Strength From Stress During COVID-19 with Amanda J. Scott
Tuesday 22 September 2020 posted in Legal Lockdown Amanda J. Scott Stress Create Success From Stress

We are delighted to launch SERIES 2: Legal Lockdown. In this first episode of the season, Adriana Giometti speaks with Amanda J. Scott, internationally recognised stress management expert and author of the New York Times reviewed ‘Create Success From Stress’. Amanda discusses her signature methods of managing and maintaining inner-strength.


Employer’s Non-Delegable Duty to Take Reasonable Steps to Protect an Employee From Psychiatric Harm Re-Examined: Zagi Kozarov v State of Victoria [2020] VSC 78
Monday 21 September 2020 / by Grace Gunn posted in Workplace Relations PTSD Zagi Kozarov v State of Victoria [2020] VSC 78

Recently, an employer's non-delegable duty to take reasonable steps to protect an employee from psychiatric harm was re-examined in Zagi Kozarov v State of Victoria [2020] VSC 78. 


Significant Changes to Bankruptcy Notices and Body Corporate Levy Recoveries
Monday 21 September 2020 / by Shane Roberts, Chris Hadley & Sam Marsh posted in Property Bankruptcy Notice Statutory Demand Creditors Insolvency

The temporary measures put in place by the Government in March this year which:

  1. increased the monetary threshold at which creditors can issue a Bankruptcy Notice to $20,000; and
  2. increased the time period in which a recipient of a Bankruptcy Notice has to respond to a Statutory Demand from 21 days to 6 months,

have now been extended until 31 December 2020.


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