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

Lenders and Financiers: The Importance of Meeting Obligations

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.


COVID-19, Vaccinations and the Workplace –  What Employers Need to Know

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.


The Impact of COVID-19 on Property Contracts: Dyco Hotels Pty Ltd v Laundy Hotels (Quarry) Pty Ltd [2021] NSWSC 504

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.


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.


[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.


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.  


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