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Abolition of the peak indebtedness doctrine for preference claims?
This case has significant implications for the application of the peak indebtedness rule by creditors and liquidators.
Holman Webb
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PPSA and COVID-19: Act promptly in the road ahead!
Secured parties should ensure that they have registered their security interests on the PPSR within time.Holman Webb - Article
What does the Zipper Face emoji mean? Burrows v Houda [2020] NSWDC 485
Her Honour Judge Gibson considered the meaning of the "zipper-mouth face" emoji in the context of defamation proceedings.Holman Webb - Article
Cyber Resilience - ASIC Report
This ASIC report on cyber resilience may help regulated organisations improve their ability to respond to cyber-attacks.Holman Webb - Article
Remember: Your personal information may be of value to others
Privacy is a fundamental part of doing business and it is improper to wrongfully disclose or sell personal information.Holman Webb - Article
Google fined €50 million for breaches of GDPR
France's data protection regulator, CNIL, fined Google 50 million euros (AUD $80 million) for breaches of the EU's GDPR.Holman Webb - Article
Corporate governance update for not-for-profit health and aged care providers
A charitable fundraising and donations policy and charity pack, which complies with legal requirements, is recommended.Holman Webb - Article
COVID-19 employee stand down found to be an Employment Benefit
The case offers insight into what is an "employment benefit" within section 11A of the Workers Compensation Act 1987.Holman Webb - Article
Covid-19 Employee Standdown An Employment Benefit
An Arbitrator in the Personal Injury Commission has found that a worker, who sustained psychiatric injury when her employer stood her down during the early stages of the COVID-19 pandemic...Holman Webb - Article
The right to disconnect
Employers should proactively review employment agreements to consider if contact outside of working hours is necessary.Holman Webb - Article
To imply or not to imply - Mutual trust and confidence in employment contracts
The High Court held that there is no implied term of mutual trust and confidence in Australian employment contracts.Holman Webb - Article
Credit hire insurance claims update
Recent developments in the Small Claims Division demonstrate a changing attitude of the Assessor to credit hire matters.Holman Webb - Video
Webinar recording: Insurance 2021 - A year in review (23 February 2022)
This seminar will be highly relevant to insurance claims staff and managers, regulatory/compliance and risk teams.Holman Webb - Article
When do you need to notify your insurer of an Adverse Event? Guild Insurance Limited v Hepburn [2014] NSWCA 400
Knowing what is an "adverse event", which must be notified to their professional indemnity insurer, is often difficult.Holman Webb - Article
Bitcoin to be subject to registration and reporting regulations
Akin to other countries, Australian Bill regulating activities of digital currency exchange service providers reduces risks.Holman Webb - Article
Internship - Work Experience or Exploitation?
The case provides a lesson for employers about the importance of correctly classifying and remunerating employees.Holman Webb - Article
Can uou believe everything you read from social media influencers? The ACCC is investigating.
Issues with misleading advertising on social media have raised concerns about possible breaches of the ACL.Holman Webb - Article
Buying a business - Timing is important. What if the bank says no?
The timing of a transaction can be fundamental to its success or failure.Holman Webb - Article
Franchisors must deliver what they promise – a look at the ‘UFC Gym' situation
Because of misleading or deceptive statements, franchise agreements were void, so franchisees should be compensated.Holman Webb - Article
More on the Harman Obligation
A recent NCAT disciplinary decision about a practitioner who unintentionally breached the Harman obligation.Holman Webb