Holman Webb is proud to announce that John Wakefield has been awarded Australian Arbitrator of the Year in the Australasian Law Awards 2018.

Despite concerns raised by liquidators and experts locally and abroad, the Federal court has confirmed its view that a set-off under section 553C of the Corporations Act can be utilised in an unfair preference claim. 

Congratulations to Partner, Corinne Attard, who has once again been selected by Who’s Who Legal: Franchising as one of the pre-eminent leading franchise lawyers in Australia.   

On 12 February 2018, the NSW Government released the report of former NSW Supreme Court Judge Patricia Bergin, SC  into the fundraising activities of RSL NSW, RSL Welfare and Benevolent Institution and RSL LifeCare.

On 22 November 2017, the Victorian Government became the first State in Australia to pass voluntary assisted dying legislation which is due to commence in 2019.

The Australian Government announced on 13 October 2017 a wide ranging package of reforms to make private health insurance simpler and more affordable for Australians.

Mandatory data breach notification under the Privacy Act 1988 (Cth), applies to the Commonwealth public sector and the private sector including organisations which hold health information and provide a health service (which is broadly defined). The mandatory breach notification requirements commenced on 22 February 2018.

The Federal Court handed down a decision in Regis Aged Care Pty Limited v Secretary, Department of Health [2018] on 2 March 2018, confirming that the Aged Care Act 1997 (Cth) (Act) disallows approved providers from levying an “Asset Replacement Charge” on aged care residents.

The Full Bench of the Fair Work Commission (FWC) ruled in January 2017 that the abandonment of employment clauses in six modern awards are not terms which are permitted or required to be included in modern awards under the Fair Work Act 2009 (Cth) (Act) and must be removed.

Boguslaw Bienias v Iplex Pipelines Australia Pty Ltd [2017] FWCFB 38

The Fair Work Commission (FWC) has handed down a number of recent decisions which may provide increased access to unfair dismissal claims by employees engaged on a casual basis, particularly those employees engaged in the labour hire industry.