We are pleased to announce our sector focussed leading lawyers have been recognised in the 2019 Best Lawyers in Australia list as published in the Australian Financial Review.

The NSW Court of Appeal has recently had occasion to apply the Stealth Enterprises v Calliden decision. 

This Health Law Alert discusses issues such as:

• Mandatory Data Breach Notification has commenced! Do you have a Data Breach Response Plan?
• Corporate Governance Update for Not-for-profit Health and Aged Care providers
• Voluntary Assisted Dying Laws Passed in Victoria
• Private Health Insurance Reform – how will it affect you?
• What Approved Providers can and cannot charge under the Aged Care Act - Regis Aged Care Pty Limited v Secretary, Department of Health [2018] FCA 177; Regis Aged Care Pty Limited v Secretary, Department of Health (No 2) [2018] FCA 454
• Unfair Dismissal Update – casual and labour hire employees
• More...

Holman Webb is delighted to announce that the firm has been named as finalists in the Australasian Law Awards 2018 in the following categories:

A little proof-reading goes a long way

Every lease lawyer’s nightmare came true in this case. A long term lease is negotiated and many years later someone discovers an apparent error in the way the outgoings clause is drafted and therefore how the outgoings have been calculated and recovered for all those years. To make it worse, the lease is for the key department store tenant (Myer) in Australia’s premier shopping centre (Chadstone) - the stakes were high with about $20 million having been apparently undercharged.

The fairly dramatic facts surrounding the termination of a ‘Couriers Please’ franchise in a Victorian case last year shows the operational challenges of managing franchisees. It also illustrated one of the lesser used grounds of immediate termination of a franchise – on the basis that the franchisee is operating the franchised business in a way that endangers public health and safety (Clause 29(1)(f) Franchising Code of Conduct).

If you’re thinking of emulating Jamie Oliver and serving up your food ‘on a board’ you may want to think again!

The cryptocurrency revolution is well under way. The new form of currency has begun to revolutionise financial transactions in ways that society is still starting to grasp. While still being a volatile currency, its value rose from US$1,000 at the beginning of the year to nearly US$16,000 per coin as of December 2017. More and more people are getting on board with this new cryptocurrency and, as recently as November 2017, several Australian home owners have even begun accepting Bitcoin payment for their property. There appears to be no limits to the use and growth of cryptocurrency. But cryptocurrencies still remain outside the scope of the regulated financial system. That is, until now – sort of.

Key Takeaways:

• Insolvency legislation to create a safe harbour for directors from insolvent trading claims in certain circumstances has received royal assent.
• A director will be entitled to claim the protection of the safe harbour upon developing a course of action reasonably likely to lead to a better outcome.
• To utilise the safe harbour, a director should seek timely advice from an appropriately qualified professional.

Online copyright infringement has been a problem for content owners since the inception of the internet. The unauthorised downloading (and uploading) of copyright material is especially prevalent in Australia, where a 2015 survey estimated that Australians download movies, songs and television programs in the hundreds of millions each year. While content owners have been criticised by some for not making content available in Australia (or making it available at a comparatively inflated price), the unauthorised downloading of copyright material is a clear infringement of content owners’ rights.