At Holman Webb Lawyers, our expertise in Alternative Dispute Resolution (ADR) plays a significant role in our modern legal practice. ADR transcends being merely an alternative to traditional courtroom proceedings; it demonstrates our proficiency in facilitating solutions that are efficient, cost-effective, and emotionally considerate.

The Fair Work Legislative Amendment (Closing Loopholes) Bill 2023 has been split, with the first part of the Bill passing the Senate this afternoon. The remaining section that passed through the House of Representatives last week will proceed to the Senate in early 2024. To assist employers prepare for the proposed changes to the Fair Work Act 2009 (Cth) (‘the Act’) Holman Webb has highlighted the key amendments (from a total of over 80 proposed changes), which will likely have the greatest impact.

Embarking on a franchise venture in Australia is more than just a business decision; it's a step towards realising entrepreneurial aspirations with the guidance of seasoned experts.

Starting a franchise combines the innovative spirit of a startup with the stability of a recognised brand. This guide from our team of legal experts is designed to ensure you're well-equipped to turn your franchise vision into a thriving business.

Coercion in business law is not just a theoretical concept; it's a practical reality that can impact contracts and relationships significantly. Holman Webb Lawyers can help navigate these murky waters, providing clarity and protection to businesses and individuals alike. 

As we delve into the nuances of coercion, let's explore what it means, how it manifests in business dealings, and its legal repercussions.

In 2016, a 3 year old girl died when a poorly constructed memorial headstone fell at a bowling club. The girls family sued the Club and the Stonemason, claiming negligence. In this article we explore the negligence claims, trial outcomes, and the shared liability between the Club and the Stonemason.

Lenders to amend loan agreements to remove “unfair contract terms” to avoid risk of harsh penalties. 

The new “unfair contract terms” provisions came into play on and from 9 November 2023, and captures Lender’s loan agreements and term sheets.

The case of Bellas v Powers [2023] NSW SC involved a dispute over the enforceability of a clause that imposed a higher interest rate on a loan facility in the event of default. The court held that the clause was a penalty as it was extravagant and unconscionable in comparison with the greatest loss that could be proved to have followed from the breach. The term was therefore deemed void and unenforceable.

We recently posted an article on the importance of the often forgotten Harman obligation that legal practitioners do not use documents obtained through a compulsory court process for a collateral purpose. This article describes a disciplinary decision about a practitioner who unintentionally breached the Harman obligation. It underscores the importance for practitioners to understand their obligations to the Court.

In 2016 the Australian government introduced a new law that will come into effect on 9 November 2023 to protect small business from unfair terms in business-to-business standard form contracts. Are you are compliant?

Foreign investors will be required to provide notice to the Commissioner of Taxation of certain transactions relating to interests held in land and in entities and businesses in Australia.

Transactions that occur on or after 1 July 2023 are captured by the new Register of Foreign Ownership of Australian Assets, irrespective of when an approval was granted, (if any).