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

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.


Update on the Residential Property Market in Sydney’s Eastern Suburbs

As property lawyers, we are often asked about what is happening in the property market.  We are currently living in time of great uncertainty, with the COVID-19 pandemic impacting not only how we go about our daily lives, but also the economy – in a significant way.  With this said, and despite what you may hear, the Eastern Suburbs’ housing market continues to strengthen – much of which stems from a chronic shortage of listings, combined with low interest rates.


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.


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.


Legal Lockdown - Episode 5: COVID-19 and Insurance

In the latest episode of Legal Lockdown, Adriana Giometti speaks with John Van de Poll, Insurance Partner, to discuss Australia’s insurance sector following the COVID-19 Pandemic. 


Legal Lockdown - Episode 4: COVIDSafe App

In EPISODE 4 of Holman Webb's Legal Lockdown series, Chief Marketing and Client Relations Officer Adriana Giometti is joined by Tal Williams, Corporate and Commercial Partner, to discuss the privacy implications of the Australian Government’s COVIDSafe App.


What is the Legal Status of Retail and Commercial Leases during COVID-19?

A wide range of articles and government announcements have been published concerning the status of retail and commercial leases in the wake of the government mandated restrictions on trade and business operations that have come about as a response to the evolving COVID-19 crisis.  

Despite this, many tenants, especially commercial tenants who were not subject to the Retail Leases Act 1994 (NSW), were still uncertain as to what these announcements meant for them.

These uncertainties have now been removed in New South Wales, through the proclamation of the Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW), which apply from 24 April 2020 until 24 October 2020.


Working From Home: Employer Obligations During COVID-19
Thursday 23 April 2020 / by Grace Gunn, Jacob Daly and Ellie Jongma posted in Business, Corporate & Commercial Workplace Relations COVID-19 Workplace Relations Working From Home

As a result of the current COVID-19 pandemic, many (if not most) employers have directed their employees to work from home.  With this in mind, it is crucial for employers to understand that their overriding obligation to provide employees with a safe workplace has not changed.


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