Publications

November 14, 2024

The High Court refuses to extend vicarious liability

Article by Jennifer Holdstock The High Court has delivered a blistering masterclass on the common law principle of vicarious liability, reminding litigators and employment lawyers that […]
October 31, 2024

Changes to the probate process

Article by Denise Gallagher Changes to Victorian Probate Advertising From 11 November 2024, there will be significant changes to the handling of probate advertisements in Victoria.  […]
October 2, 2024

Staying on track: a refresher on the unfair contract terms regime

Article by Nadia Maynard, Senior Associate On 9 November 2023, changes were introduced to the Australian Consumer Law (ACL) and the Australian Securities and Investments Commission […]
July 4, 2024

Impending changes to the Fair Work jurisdiction you definitely need to know

By Nadia Maynard There are further changes that have been introduced as a result of the Fair Work Legislation Amendment (Closing Loopholes No.2) Act 2024. The […]
June 13, 2023

WHAT TO LOOK OUT FOR WHEN ASKED TO PAY A DEPOSIT FOR DOMESTIC BUILDING WORKS

Article by Luke Karapetsas, Law Clerk Background When contracting with a builder for domestic building works such as building a new home, home renovations, or installation […]
January 17, 2023

Changes to the Fair Work Act

The gender pay gap remains a significant issue in the world of employment. The latest research from the Workplace Gender Equality Agency has shown that the […]
October 19, 2022

What is a serious defect?

When Olga Moore (Olga) purchased her house in 1991 for $38,000 with a promised 99-year lease, she could not possibly have imagined what battle would lie […]
May 24, 2022

An important decision for holiday parks and retirement communities

Article by Nadia Maynard In a recent decision relating to Part 4A dwellings, the Victorian Civil and Administrative Tribunal (Tribunal) held that a periodic site agreement […]
February 3, 2022

Booster mandates – an update

Article by Deepanshi Agarwal The latest COVID-19 mandatory vaccination orders provide an update on deadlines for mandatory booster doses for some specified facilities and specified workers. […]
January 31, 2022

NEW DIRECTOR ID CODE

Article by Nadia Maynard The Corporations Act 2001 (Cth) has introduced a new requirement for all directors under the new regime to Part 9.1A. This new […]
October 26, 2021

The light shines on COVID-19 business interruption claims

Article by Deepanshi Agarwal In a follow up to our recent series, we provide a summary of the latest judgment in the series reviewing business interruption […]
October 26, 2021

Latest Public Health Directions

Article by Deepanshi Agarwal In an earlier article published on 8 October 2021, we summarised the then current Mandatory Vaccination Directions in Victoria. These have now […]
October 18, 2021

The recent Banksia Securities test outlines the fit and proper person test

Article by Nadia Maynard What does it mean to be a “fit and proper person”? Introduction When applying for a licence or registration, or for a […]
October 15, 2021

NSW challenge to public health orders requiring vaccinations in certain workplaces dismissed

Article by Jennifer Holdstock The NSW Supreme Court has today delivered a strong judgment upholding the validity of public health orders requiring vaccinations in certain workplaces. […]
October 8, 2021

Latest COVID-19 directions….things have changed

Article by Deepanshi Agarwal and Denise Gallagher COVID-19 Mandatory Vaccination (Specified Facilities) Directions (No 6) commenced on 7 October 2021 and imposed vaccination obligations on operators […]
September 28, 2021

Is mandating vaccines lawful?

There is a lot of uncertainty around in this ever-changing COVID-19 environment as the vaccine rollout continues across Australia.  There is not a lot of helpful […]
September 11, 2021

Casual conversion is coming

article by Nadia Maynard The Fair Work Act 2009 (Cth) (FW Act) has incorporated amendments relating to casual employment whereby employers must offer casual employees a […]
September 6, 2021

The battle continues for business interruption insurance claims

In an earlier article, Nadia Maynard discussed the case that went to the High Court regarding insurance claims for business interruption arising out of the Covid-19 […]
September 6, 2021

Rent relief is finally here!

The Victorian Government has finally released the regulations for retail and commercial rent relief, introducing a new scheme with new requirements.  The Commercial Tenancy Relief Scheme […]
July 26, 2021

Do you have a COVID-19 related insurance claim?

Article by Nadia Maynard The Insurance Council of Australia (ICA) has been denied special leave to appeal the New South Wales Court of Appeals decision in […]
December 3, 2020

Genuine redundancy and COVID-19

Article by Nadia Maynard The Fair Work Commission (Commission) decision of Lakhan v United Petroleum Pty Ltd [2020] FWC 2020 considers genuine redundancies in light of […]
November 4, 2020

Holdstock Law raises $3,730 for Whitelion’s #nohomeaddress campaign

We are thrilled to thank our clients and supporters for their generous donations towards Whitelion’s No Home Address campaign. If the events of this year have […]
November 4, 2020

Domain name: Non-use can constitute use in bad faith

Article by Sophie Cliquet In a recent case, the World Intellectual Property Organization (‘WIPO’) has confirmed that the “passive use” or non-use of a domain name […]
October 9, 2020

Rent relief….continued

Extension and amendments of the Covid-19 Emergency measures for Victorian commercial tenants until 31 December 2020. The COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Miscellaneous […]
October 6, 2020

Insolvency reforms for small business – FREE EVENT

Holdstock Law is pleased to present an online event in conjunction with Sam Kaso from Cor Cordis, for small to medium enterprises, covering the new insolvency […]
September 29, 2020

Insolvency reforms for small business

Article by Sophie Cliquet On 24 September 2020, the Federal Government announced insolvency reforms to support small business. In his media release, Treasurer Josh Frydenberg, qualified […]
July 28, 2020

Changes to JobKeeper

Article by Denise Gallagher Currently, JobKeeper payments are being paid to over 3.5 million employees in over 960,000 businesses across Australia.  It was due to expire […]
July 22, 2020

Planning for a post Covid business

Holdstock Law is pleased to present an online event for businesses in the construction, healthcare and retail industries to plan for the next stage of Covid-19 […]
July 22, 2020

Legal business basics – free event

Holdstock Law is pleased to present an online event for small to medium enterprises, covering basic legal business needs.  Why not use this down time in […]
April 20, 2020

Are your affairs in order?

Assuming Australia is past the worst of the Covid-19 crisis, as numbers of newly infected people continue to fall, it is still a pertinent question to […]
April 8, 2020

Rental relief during Covid-19 outbreak

Article by Denise Gallagher Recent events are putting considerable strain on corporate occupiers of leasehold premises. In a recent press conference, the Prime Minister, Scott Morrison, […]
April 1, 2020

What is “force majeure”?

Meaning of force majeure The Collins dictionary defines force majeure as follows: irresistible force or compulsion such as will excuse a party from performing his or her part of a contract Many […]
March 24, 2020

Communication is key during Covid-19 outbreak

Article by Denise Gallagher and Jennifer Holdstock Covid-19 will affect every business in Australia in some way.  Some will have no choice but to close their […]
March 23, 2020

Working from home considerations during Covid-19 outbreak

Article by Denise Gallagher If you are now working from home and your company has a WFH policy, then make sure you follow that closely.  It […]
March 18, 2020

Consumer considerations during Covid-19 outbreak

The situation with the coronavirus continues to unfold, and the government advice is changing daily.  This article deals with things that we already know. Tickets and […]
March 17, 2020

Business considerations during Covid-19 outbreak

We are busily advising people on business continuity plans, staff management and making plans for different operations. We are advising clients across a range of industries, […]
March 2, 2020

We can’t guarantee it

Every time we try to fulfill our obligations as lawyers when issuing a solicitor’s certificate for people giving bank guarantees, people roll their eyes, or cut […]
February 24, 2020

Safescript

article by Sophie Cliquet Studies have shown that, in recent years, more Victorians have died from overdoses involving prescription medicines than from illicit drugs or the […]
December 18, 2019

Unlawful vs. Unfair Dismissal

The reason for dismissal If you are an employer and you are considering dismissing an employee for breach of policy or a code of conduct, you […]
December 15, 2019

Franchising: the latest

In a recent decision of the Full Federal Court, the penalties payable by Ultra Tune have been reduced by $590,000, in action brought by the Australian […]
December 1, 2019

Employee vs. Contractor

If you work regular days, hours and the same place, don’t work for anybody else, and your workplace provides all that you need to do your […]
October 20, 2019

Check the contract

Buying a house is usually the only time in your life when you spend such a large amount of money.  Despite that, many people still don’t […]

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