ArticleVoluntary assisted dying laws passed in VictoriaVictoria is the first State in Australia to pass voluntary assisted dying legislation, which is due to commence in 2019.AustraliaFood, Drugs, Healthcare, Life SciencesHolman Webb
ArticleRecent developments in Notifications Under Claims Made and Notified Policies and section 54 Insurance Contracts ActRecent cases highlight that a failure to notify a circumstance under s40(3) IC Act cannot generally be remedied by recourse to s54.AustraliaInsuranceHolman Webb
ArticleBusinesses can be held liable for copyright infringement committed by a third party developer: Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2022] FCAFC 112Risks can be mitigated by checking the developer's history and insisting on warranties in the development agreement.AustraliaIntellectual PropertyHolman Webb
ArticleThe very long tale of a traffic trained buck & the MACAThe claim of personal injuries, when the motorist 'caused' the plaintiff's traffic-trained horse to buck, was overturned.AustraliaLitigation, Mediation & ArbitrationHolman Webb
ArticlePrivacy reforms - from doxxing to invasionOutlines the new reforms and changes the Bill hopes to implement.AustraliaPrivacyHolman Webb
ArticleIntention and mistake - every lease lawyers nightmare come trueHaving a final review by someone completely new to the document would have probably prevented this problem arising.AustraliaReal Estate and ConstructionHolman Webb
ArticleDiscretionary trusts in NSW: Foreign persons, stamp duty and land taxCertain NSW trustees may need to make urgent changes to their trust deeds, to avoid paying extra stamp duty or land tax.AustraliaTaxHolman Webb
ArticleAI and Facial Identification Technology – the face of the future?Discussion about the draft Bill, set to deal with facial recognition software, which has now been presented here in Australia.AustraliaTechnologyHolman Webb
ArticleBullying Update - The anti-bullying laws, 6 months on…This is a summary of recent decisions to assist employers as to how the Commission has handled complaints thus far.AustraliaEmployment and HRHolman Webb
ArticleMobile medical apps – when are they medical devices?US and Australia are experiencing a proliferation of mobile medical apps (software applications on a mobile platform).AustraliaFood, Drugs, Healthcare, Life SciencesHolman Webb
ArticleInsurance: Case Note: Lynch v AAI Limited t/as AAMI [2022] NSW PICMP 6The claimant bears the onus of proving that the motor accident injury was a non-minor injury for the purposes of the Act.AustraliaInsuranceHolman Webb
ArticleNegligence: Blackhead Bowling Club Ltd v HarrowerThe Club and the designer/installer of the monument were equally liable for damages for nervous shock.AustraliaLitigation, Mediation & ArbitrationHolman Webb
ArticleDrone Laws: New Registration And Mandatory Reporting SchemeIn Holman Webb's April 2020 article Drone (UAV) Laws: Focused on Safety or Keeping Australia Back?, we discussed the strict regulations surrounding the use of drone s(aka Unmanned Aerial Vehicles ‘UAVs') within Australia.AustraliaTransportHolman Webb
ArticleProposed legislation to combat illegal phoenix activityThe bill proposes to give ASIC, liquidators and the ATO new powers to curtail phoenix activities and prosecute offenders.AustraliaCriminal LawHolman Webb
ArticleFlexible work updateA new amendment has introduced significant changes to employer obligations to provide flexible working arrangements.AustraliaEmployment and HRHolman Webb
ArticleDamages for disappointment and distress available to consumers for breaches of consumer guarantees for travel and recreational contractsThis case has large implications - it was a class action, and the plaintiff won damages for disappointment and distress.AustraliaLitigation, Mediation & ArbitrationHolman Webb
ArticleHow is the Royal Commission into Institutional Responses to Child Sex Abuse relevant to health care providers?Hospitals and health care providers who provide children's health services should implement risk minimisation strategies.AustraliaFood, Drugs, Healthcare, Life SciencesHolman Webb
ArticleACCC prosecutions in relation to unfair contractsThe expanding unfair contracts provisions within the Australian Consumer Law are being enforced by the ACCC.AustraliaConsumer ProtectionHolman Webb
ArticleFranchising Code changes - Five key areas of interestSummary of five core areas of the Franchising Code of Conduct of significant change for franchisors and franchisees.AustraliaCorporate/Commercial LawHolman Webb
ArticlePsychosocial risk prevention - What do employers need to know? (Part I)These 2 Codes of Practice require employers to take active steps to manage psychosocial hazards in the workplace.AustraliaEmployment and HRHolman Webb