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

Claimants Entitled to Compensation for the Cost of Hiring a Reasonably Equivalent, Commensurate, or Comparable Replacement Vehicle
Tuesday 23 June 2020 / by Charbel Trad posted in Insurance

The latest development in the ever-changing world of 'Loss of use' claims has seen the NSW Court of Appeal hand down their respective decisions in Lee v Strelnicks; Souaid v Nahas; Cassim v Nguyen; Rixon v Arsalan [2020] NSWCA 115

In case of emergency…exploit rights? A summary of the Crown’s power to exercise intellectual property rights in an emergency
Monday 22 June 2020 / by Daniel Jepson posted in Intellectual Property Protection

Key takeaways:

  • Recent changes to the Patents Act 1990 (Cth) and the Designs Act 2003 (Cth) give Commonwealth, state and territory governments the power to exploit patent and design rights in an emergency.
  • These Acts also permit the Commonwealth, state and territory governments to exploit rights outside an emergency, though the process is more onerous.
  • The Copyright Act 1968 (Cth) permits Commonwealth and state governments to use private works with immunity, in an emergency or otherwise.
  • While "the Crown" is referenced within each Act, the power is generally available to the Commonwealth, state and territory governments and anyone they authorise.
  • All three Acts provide for some form of compensation, though in some circumstances it may be impossible to reach a firm conclusion on what is fair and reasonable.

Legal Lockdown - Episode 9: Pivoting Your Business to Navigate a Crisis

Is your company ready to pivot in the event of a crisis?

In the latest episode of Legal Lockdown, Adriana Giometti speaks with Karina Rodríguez Díaz, Crisis Management Underwriting Manager, Australasia at HDI Global Specialty SE, to discuss how organisations within a wide range of industries have managed to pivot their businesses in order to adapt to changes brought about by the COVID-19 crisis.

What Needs to be Done When a Franchise Agreement Nears The End of its Term?
Thursday 11 June 2020 / by Daniel Jepson posted in Franchising & Retail

The Franchising Code of Conduct ('the code') contains a number of important protections for franchisees. 

One particularly important, yet often overlooked protection is the requirement that franchisees receive advanced notice of the franchisor's intentions when the franchise agreement is coming to an end.  Will the Franchisor consider an extension, or renewal - or do they intend for the relationship to end? 

Legal Lockdown - Episode 8: Virtual Courts
Thursday 4 June 2020 posted in Insurance Technology Law Legal Lockdown

Virtual Courts – a hindrance to justice, or the way of the future?

In Episode 8 of Legal Lockdown, Adriana Giometti joins General Insurance Special Counsel Sarah Wheeler for a look at how Australia’s courts have navigated the recent lockdowns through the use of online hearings.

Holman Webb Announces 10 Promotions Across Sydney and Melbourne Offices
Friday 29 May 2020 posted in Insurance Workplace Relations Holman Webb News

Holman Webb is delighted to announce ten promotions across our Sydney and Melbourne offices. 

Legal Lockdown - Episode 7: Property Markets with Chris Gray
Tuesday 26 May 2020 posted in Property Legal Lockdown COVID-19

SKY NEWS property expert and CEO of Your Empire, Chris Gray, joins Adriana Giometti to share his thoughts on the real estate landscape in light of COVID-19.

Legal Lockdown - Episode 6: Beyond Blue

BEYOND BLUE Workplace Engagement Manager, Michael O'Hanlon, joins Adriana Giometti to discuss both the effect that COVID-19 has had on the Australian workforce, and what Beyond Blue is doing to help.

Corporations (Coronavirus Economic Response) Determination (No. 1) 2020

At the beginning of May, the Federal Treasurer issued a determination which modifies the operation of the Corporations Act 2001 (Cth) with respect to company meetings and the execution of documents by companies.

In order to mitigate the impact of COVID-19 on Australian companies, the Corporations (Coronavirus Economic Response) Determination (No. 1) 2020 ('the Determination') came into effect on 6 May 2020, and applies on a temporary basis until 6 November 2020.  

Statutory Demands in the COVID-19 Era
Wednesday 13 May 2020 / by Shane Roberts & Sam Marsh posted in Commercial Recovery & Insolvency COVID-19

Recent legislative changes have been made by the federal government in response to the COVID-19 pandemic. Parts of these changes affect the Australian insolvency regimes, including the rules surrounding the issuing of statutory demands by creditors.

This article discusses the recent changes to statutory demands, and provides a timely recap of the important principles relating to statutory demands in Australia.

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