The April edition of the Body Corporate Newsletter covers what new owners can do when faced with defective or incomplete building works, and the role the Queensland Building and Construction Commission (“the QBCC”) can play in helping you address the issue. Read the newsletter

Two recent cases involving SMSF auditors highlight the potential liability of auditors in undertaking audits of SMSF’S and the need for auditors to obtain evidence to support the opinions expressed. Find out more in our April 2019 Accountant Update

Trade marks are core assets of many businesses, but in our experience they are often overlooked. A few recent cases have highlighted just how important it is to make sure your trade mark arrangements are in place and effective. Registering a trade mark is not the end of the process; there have been many cases of businesses ‘setting and forgetting’ their marks only to have their registrations challenged.

2019 has started with a couple of very significant cases in the retail leasing division of NCAT (NSW Civil and Administrative Tribunal) – both of which have gone the landlord’s way and delivered some unfortunate news for tenants in New South Wales.

We are pleased to announce our sector focussed leading lawyers have been recognised in the 2020 Best Lawyers in Australia list as published in the Australian Financial Review.

Holman Webb Lawyers have been nominated as finalists for the Australasian Law Awards 2019 in the categories of:

• Insurance Specialist Firm of the Year
• Law Firm of the Year (1-100 lawyers)

The March 2019 edition of our Body Corporate Newsletter provides a short refresher on the question of what duties are owed by a body corporate to lot owners when there are defects on common property, particularly defects that may cause issues with a lot owner’s property.

Illegal phoenix activity involves the deliberate and systematic stripping and transferring of assets from one company to another company to avoid paying liabilities, such as tax or superannuation.  In these circumstances, the company directors strip out the cash and assets, liquidate the company and then re-commence the same or a similar business through a new corporate entity.

Anyone watching television over the Summer will have seen advertisements for the United Australia Party, led by Clive Palmer. In one version, a song is played with the lyrics ‘Australia ain't gonna cop it, no Australia's not gonna cop it, Aussies not gonna cop it any more.’

The news headlines are shouting about the ground breaking penalty of $2.6 million imposed on the auto repair franchisor Ultra Tune Australia, by the Federal Court last month, in the case of Australian Competition and Consumer Commission v Ultra Tune Australia Pty Ltd [2019] FCA 12.  Of that amount, $1.1 million was imposed for breaches of disclosure obligations under the Franchising Code of Conduct, including about $900,000 specifically arising from breaches of the obligations relating to accounting and disclosing of marketing funds.