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  • Article

    Changes to the Australian Consumer Law (ACL): Businesses risk $50M fines for each unfair contract term in their standard form agreements

    Businesses should ensure that their contracts do not contain terms that could infringe the UCT regime in the ACL.
    AustraliaCorporate/Commercial Law
    Holman Webb
    Holman Webb
  • Article

    A lesson in unequivocal acceptance: Danbol Pty Ltd V Swiss Re International Se

    Clear & unequivocal acceptance of an offer is needed before an insurance contract will be considered binding.
    AustraliaInsurance
    Holman Webb
    Holman Webb
  • Article

    3D printing at home – Who is responsible for defective manufacture?

    This article briefly relates to the liability issues arising out of the creation of goods via 3D printing technology.
    AustraliaConsumer Protection
    Holman Webb
    Holman Webb
  • Article

    COVID-19: Amendments to Hospitality and Clerks Awards, and Long Service Leave Act

    It is unsurprising to see amendments to legislation and awards relating to employment, aimed at increasing flexibility.
    AustraliaCoronavirus (COVID-19)
    Holman Webb
    Holman Webb
  • Article

    eSignatures on a contract or guarantee: Why you need to be cautious

    A company director was not bound by a guarantee which bore his eSignature, but without his knowledge or authority.
    AustraliaCorporate/Commercial Law
    Holman Webb
    Holman Webb
  • Article

    Consultation obligations in labour hire arrangements

    Recent case highlights the importance for employers to work closely with all duty holders in a labour hire arrangements.
    AustraliaEmployment and HR
    Holman Webb
    Holman Webb
  • Article

    Employment Update – Significant increases in damages awarded by courts in sexual harassment, discrimination and adverse action claims

    Two recent judgments resulted in significant damages in claims of sexual harassment, discrimination and adverse action.
    AustraliaEmployment and HR
    Holman Webb
    Holman Webb
  • Article

    Recommendations made by the Financial Services Royal Commission for unfair terms in insurance contracts.

    Discussion about the recent extension of the Unfair Contract Terms Regime to include insurance contracts.
    AustraliaInsurance
    Holman Webb
    Holman Webb
  • Article

    The Financial Services Royal Commission recommendations for unfair terms in insurance contracts

    The final report recommended that the application of the unfair contract terms regime be extended to insurance contracts.
    AustraliaInsurance
    Holman Webb
    Holman Webb
  • Article

    Dangerous Recreational Activity - to jump or not to jump - an obvious risk?

    The court considered the provisions in the Civil Liability Act 2003 (NSW) relating to dangerous recreational activity.
    AustraliaLitigation, Mediation & Arbitration
    Holman Webb
    Holman Webb
  • Article

    What is a council's duty of care in maintaining surfaces at playgrounds?

    Councils duty of care included an obligation to ensure that the mulch area was kept level with the wet pour area.
    AustraliaLitigation, Mediation & Arbitration
    Holman Webb
    Holman Webb
  • Article

    The Office of the Australian Information Commissioner releases biannual report and performance statement

    The OAIC report emphasises the need for entities to continually improve their approach to preventing data breaches.
    AustraliaPrivacy
    Holman Webb
    Holman Webb
  • Article

    When, where and to whom you send emails will now be recorded…

    Metadata will be required to be retained by telecommunications carriers and ISPs for a mandatory period of two years.
    AustraliaPrivacy
    Holman Webb
    Holman Webb
  • Article

    Bank guarantee or security bond - Which is better for landlords and tenants?

    The answer is entirely dependent on who is asking, the landlord or the tenant; and on their individual circumstances.
    AustraliaReal Estate and Construction
    Holman Webb
    Holman Webb
  • Article

    Put and Call Option Agreements in residential property transactions

    In this matter, Put and Call Option Agreements were exercised for the sale of several apartments in a block in Sydney.
    AustraliaReal Estate and Construction
    Holman Webb
    Holman Webb
  • Article

    Full Federal Court orders $6 million penalty for marketing of Nurofen specific pain range of products

    Future action for non-compliance with the ACL in the marketing of therapeutic goods may result in much higher penalties.
    AustraliaConsumer Protection
    Holman Webb
    Holman Webb
  • Article

    Improving patient outcomes for our Aboriginal and Torres Strait Islander Community

    To improve outcomes for Aboriginal and Torres Strait Islander communities, we need to address social and cultural needs.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Holman Webb
    Holman Webb
  • Article

    Misuse of market power – relevance to hospital and aged care operators

    Private hospital operators conduct their business in a competitive environment.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Holman Webb
    Holman Webb
  • Article

    Patient consent issues where the procedure is performed by another surgeon

    When the treatment rendered is consistent, consent will not be vitiated if a different surgeon performs the procedure.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Holman Webb
    Holman Webb
  • Article

    Navigating Dual-benefit Scenarios And Section 46 In Workers Comp – Learnings From Freeth v Volvo Group Australia Pty Ltd [2025] NSWPICPD 78

    In Freeth v Volvo Group Australia Pty Ltd [2025] NSWPICPD 78, the President dismissed a worker's appeal and confirmed that section 46 of the Workers Compensation Act 1987 (NSW) will operate to reduce concurrent weekly...
    AustraliaLitigation, Mediation & Arbitration
    Holman Webb
    Holman Webb

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