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

The Crucial Nature of Trade Marks in Franchising

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.


Case Note: Kaurareg Native Title Aboriginal Corporation RNTBC v Torres Shire Council

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.  


Warning for Property Buyers: One Crucial Step to Take Prior to Transferring Money to a Third Party!

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.


Is that you Skip? AFCA Backs Insurers in Claims Involving Alleged Collisions with Marsupials

What would your initial reaction be if a kangaroo suddenly appeared before you while driving? 

Surely any loss of control and subsequent crash would be the kangaroo's fault, right? 

Guess again!

Recently, the Australian Financial Complaints Authority backed insurers in three separate vehicle claims lodged by customers claiming the appearance of a kangaroo had resulted in them crashing their vehicles.


Supreme Court Upholds AFSL Holder’s Right to Claim Indemnity From an Authorised Representative for Insurance Deductibles

In the decision of Mason v Cashel Financial Services Pty Limited [2021] NSWSC 201 delivered on 9 March 2021, the Supreme Court of NSW confirmed that an indemnity in a contract between an AFSL holder and its authorised representative, entitled the AFSL to recover an insurance excess and deductible incurred to settle a claim brought by a third-party investor arising from the conduct of the representative.

The decision makes clear what has been known for a long time: that a properly drafted indemnity gives a clear right to license holders to recover far reaching losses arising from the negligence and omissions of authorised representatives. 


COVID-19 Employee Stand Down Found to be an Employment Benefit

An Arbitrator in the Personal Injury Commission has found that a worker, who sustained psychiatric injury when her employer stood her down during the early stages of the COVID-19 pandemic, was not entitled to compensation.


Bank Guarantee or Security Bond - Which is Better for Landlords and Tenants?

As a lawyer primarily focused on Property and Financial matters, clients often ask me: what's better - a bank guarantee or a security bond?  

As with many questions posed by clients, the answer is entirely dependent on who is asking - and in turn, their individual circumstances. 

Let's take a look at the differences.


Insurance Webinar Recording: 2020 – A Year in Review

Click through to watch Holman Webb's first Insurance webinar of the year: 2020 - A Year in Review.

Presented by national insurance group leader John Van de Poll, this 50 minute webinar discussed a wide range of interesting and important insurance matters from 2020.

Discussion topics include:


High-Risk Activities and Unsuitable Weather Conditions: Hayley Marks v Skydive Holdings Pty Ltd (2021) VSC 21

An interesting case has just been decided by Her Honour Richards J in the Victorian Supreme Court involving high-risk sporting activities and the effect of a waivers in protecting the insured and its insure


[Registrations Closed] Upcoming Insurance Webinar: 2020 – A Year in Review (Tuesday 16 February)

Holman Webb is pleased to invite readers to join our General Insurance Group for our first insurance webinar of the year: 2020 - A Year in Review.

Presented by Partner and National Insurance Group Leader John Van de Poll and taking place on Tuesday 16 February 2021, this webinar will examine a range of significant cases from 2020.


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