Holman Webb is pleased to announce that Insurance Partner Lucy Rooney has been listed in Insurance Business Magazine's Elite Women in Insurance 2021!

The 16 July 2021 decision in LNCP002 Pty Limited v Akcin [2021] NSWSC 848 has highlighted the obligations of lenders and financiers to act fairly and in good faith with respect to borrowers in mortgage lending, and to do what they have promised to do.

In light of the recent extended lockdown in Sydney, and the new short lockdown in Melbourne, the question again arises in relation to whether an employer can require its workers to be vaccinated against the COVID‑19 virus.

There are a myriad of discretionary issues for an employer to step through in determining whether it can direct its workers to be vaccinated; as well as what steps an employer can take if the worker refuses to follow such a direction.

In a recent article, Holman Webb highlighted the importance of the Essential Eight mitigation strategies recommended by the Australian Cyber Security Centre (ACSC) which, if implemented, minimises the chance of an organisation falling victim to a cyber-attack.

With this in mind, we thought it timely to remind readers of the importance of staff training and cyber-security vigilance.

The recent case of Dyco Hotels Pty Ltd v Laundy Hotels (Quarry) Pty Ltd [2021] NSWSC 504 reminded me of a matter I was involved in last year during the first COVID-19 lockdown.

In that matter, Holman Webb acted for the seller of the freehold and business of a hotel.  Contracts were exchanged when knowledge of COVID-19 was only just starting to spread - although settlement was due after the public health orders had been implemented.

The lockdown caused hardship for many people.  Fortunately, in this particular matter, the parties came to a sensible settlement and the sale was able to proceed.

Contrastingly, in the recent NSW Supreme Court case of Dyco Hotels v Laundy Hotels (Quarry), the parties were unable to settle the dispute – with the seller terminating the Contract and keeping the deposit of $562,500.

Click through to watch Holman Webb's latest insurance webinar: Apportionment and Contribution in Insurance.

Presented by General Insurance Partner Peter Bennett and Associate Linda Huynh on Tuesday 6 July 2021, this webinar examines a range of significant cases relating to apportionment and contribution in insurance.

Discussion topics include:

• Contributory negligence.
• Failing to keep a proper lookout.
• Intoxication.
• Contributory negligence can defeat a claim by being determined at 100%.
• Contributory negligence in contract.
• Joint tortfeasor, where judgment entered for a defendant.
• Proportionate liability.
• Where the plaintiff is unable to recover from the concurrent wrongdoer.
• Liability of an employer for a hire worker.

The Registrar General recently made two important announcements relating to certificates of title within New South Wales.

• On 11 October 2021, all certificates of title ('CTs') will be abolished, known as 'cessation day'; and
• From 11 October 2021, paper dealings will no longer be accepted for lodgment and only electronic dealings will be accepted.  

This means that from 11 October 2021, New South Wales will have 100% e-conveyancing.

On 1 January 2019, the Modern Slavery Act 2018 (Cth) commenced, heralding a new statutory modern slavery reporting requirement for larger companies operating in Australia.

The Modern Slavery Act requires entities either based or operating in Australia, which have an annual consolidated revenue of more than $100 million, to report annually on the risks of modern slavery in their operations and supply chains, as well as actions being taken to address those risks.  

Other entities based, or operating, in Australia may report voluntarily.

​Holman Webb is pleased to announce six promotions across our Sydney, Melbourne and Brisbane offices – effective 1 July 2021.

Holman Webb Lawyers is proud to relay that the firm has been listed as a finalist in two categories in the Lawyers Weekly Australian Law Awards 2021:

• Law Firm of the Year
• Insurance Team of the Year

Click through for more information on this year's finalists, and upcoming winner announcements.