Insights from Williams + Hughes
New laws imposing mandatory requirements for businesses that supply services: your T&C’s and website must be updated by 9 June 2019

Recent amendments to the Competition and Consumer Regulations 2010 impose new mandatory wording requirements in relation to the supply of services and also the supply of goods in combination with services. The new requirements take effect on 9 June 2019. Failure to comply with the ...

Security of Payment Reform in the Western Australian Building & Construction Industry

On 31 October 2018, the State Government’s Industry Advisory Group published its report on ‘Security of Payment Reform in the WA Building and Construction Industry’. The Report was a response to recent high-profile corporate collapses in the building and construction industry su...

Work Health & Safety Update - Increased Penalties Passed in Western Australia

On 3 October 2018, the Occupational Safety and Health Act 1984 (WA) and the Mines Safety and Inspection Amendment Act 2018 (WA) (collectively the Acts) came into effect, which significantly increased the current penalties for work health and safety offences in Western Australia.  The ne...

A general introduction to Safe Harbour

What is safe harbour? A common fear for directors when a company is insolvent or nearing insolvency is their personal liability for debts incurred by the company, if the company continues to trade and then ultimately goes into liquidation.  This can lead to the pre-emptive appointment of a v...

Developers and landlords can release their breath – performance bonds and guarantees remain enforceable

In a decision that would otherwise have had serious ramifications, not only in the construction industry but across other industry sectors such as commercial leasing, developers successfully enforced performance and maintenance bonds where the paying financier tried to dodge payment on the basis of ...

Sabacc Strikes Back: Disney’s Latest Star Wars Dispute

US entertainment monolith Disney is once again flexing its legal muscle in order to protect its evergreen Star Wars brand. This time, the dispute is over a concept that was introduced within the story of its Star Wars movies, called “Sabacc”. This obscure Star Wars indicia was first refe...

Buying a power boat for the wife – not necessarily an unreasonable director related transaction, but only in the right circumstances

In 2013 a WA Supreme Court decision may have caught the attention of small company directors; it seemed using the company’s funds to buy that shiny new boat for the wife might not be a voidable transaction or breach of directors’ duties after all… Unfortunately for some, that d...

INDEMNITY COSTS AS THE PRICE OF RELIEF AGAINST FORFEITURE – Reasonableness on the weighing scales

Icechest Corp Pty Ltd v Quan [2017] WASC 345 is probably the latest Australian iteration of the question of who should bear the legal costs of a successful application for relief against forfeiture of a commercial lease. The decision turned on whether the lessor had acted unreasonably in its init...

Are you at legal risk? Changes to the Privacy Act: 22 February 2018

From 22 February 2018 your business has a statutory obligation to report a data breach involving personal information to the Australian Information Commissioner. If this is not handled correctly your business could be at serious risk. Who is subject to the Privacy Act? All businesses and not-f...

The rise of programmers’ colophons – an intuitive moral rights assertion

It seems to be a contemporary trend of website and software developers to include words such as “Powered by…” on the landing page of a website. Many websites go further, and might provide a very detailed list of the website designer, website maintenance team, and even the provider...

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