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Our legal experts will keep you up to date on all relevant and current developments.

Parkes v Mt Owen Pty Ltd & Anor [2022] NSWSC 909 – Is a Host Employer Vicariously Liable for the Negligence of a Labour Hire Employee Causing Injury to Another Labour Hire Employee?

This article highlights the 7 July 2022 decision of the Supreme Court of NSW in Parkes v Mt Owen Pty Ltd & Anor [2022] NSWSC 909, which affirms the principle that vicarious liability is not dependent on contractual arrangements, but rather on a question of fact.


Credit and innovation: What we have learned working with credit professionals over the years

A nerd, a lawyer and marketer go for coffee… sounds like the intro to a bad joke (and maybe it is) – but recently, Holman Webb’s Marketing and Business Development Manager sat down with the firm’s Head of Innovation and Growth, Steve Ferhad and Chris Hadley MICM – Partner within the firm’s Commercial Recovery and Insolvency Group, for a discussion on how converging technologies are set to impact the credit profession.
 


Case Note: Dhupar v Lee [2022] NSWCA 15 – Section 71 does not preclude an award for damages for phychiatric injury arising from childbirth

This article discusses the 18 February 2022 decision in Dhupar v Lee [2022] NSWCA 15, which illustrates that damages are available for economic loss arising from an injury suffered by a mother as the result of giving birth.


The importance of Terms and Conditions in commercial credit contracts

Contracts do not need to be complicated or convoluted, but they do need the right Terms and Conditions in place to ensure your business is properly protected. A robust set of Terms and Conditions can eliminate loopholes and put your business in the best possible position to recoup monies owed.

Having appropriately worded Terms and Conditions can mean the difference between a successful recovery and a write-off.  

This article outlines theTerms and Conditions that trade credit suppliers should consider within the context of a Commercial Credit Agreement.


What options are available if you are looking to exit a franchise?

In life, and especially within the context of commercial arrangements, circumstances can arise where despite the best intentions and efforts of all stakeholders, things don’t work out. It can be nobody’s or everybody’s fault.

Franchise relationships are no exception, as was highly publicised in the inquiry into the operation and effectiveness of the Franchising Code of Conduct, which concluded in 2019.

This guide sets out, in brief terms, the options available for those looking to exit a franchise.

The guide assumes that there has been no breach of the franchise agreement by either party, as this will involve different considerations and processes.


Businesses 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 112

This article discusses the 7 July 2022 majority decision of the Full Federal Court in Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2022] FCAFC 112

This decision highlights that businesses can be held liable for copyright infringement committed by a third party developer, but that the risk can be mitigated by checking the developer’s history and insisting on appropriate warranties in the development agreement.


Case Note: Pridgeon v Medical Council of New South Wales [2022] NSWCA 60

This case note discusses the 14 April 2022 decision in Pridgeon v Medical Council of New South Wales [2022] NSWCA 60.

This particular matter arises from extraordinary circumstances that may never again be seen in quite the same way. Nevertheless, the case has broad application due to its interpretation of the scope of the “public interest” aspect of s.150 of the Health Practitioner Regulation National Law (NSW), and its proper use.

The Practitioner in this matter, Dr Pridgeon, is a general practitioner who formerly worked in Grafton, located in northern New South Wales.  On 29 October 2018, the NSW Medical Council suspended his registration under section 150. 

The Practitioner sought reviews of the decision from the Council, but the suspension was affirmed. He then appealed to the NSW Civil and Administrative Tribunal, which dismissed his appeal.

The Practitioner appealed to the NSW Court of Appeal.


Upcoming Webinar: 'Tips to Improve Commercial Recoveries and Increase Cashflow'

We are pleased to invite you to join Holman Webb's Commercial Recovery and Insolvency Group for our upcoming webinar: 'Tips to improve commercial recoveries and increase cashflow', taking place from 11:30am (AEST) on Thursday 4 August.

Presented by Holman Webb Commercial Recovery and Insolvency Partner Christopher Hadley, and Collections Software Specialist Griffin Swanson, this interactive seminar will cover best practices for collections leaders.

Topics covered will include:

  • What are the impacts of the risk you take on?
  • What’s the worst that can happen?
  • Why does this matter?
  • Could increased ATO activity bring about more insolvency?
  • Why does this impact on trade creditors?
  • What are we expecting to see in the coming year?
  • What can you do now, to mitigate this risk?
  • What is the simplest, and most effective way to protect your credit risk?
  • Important terms and conditions

This seminar will be highly relevant for CEOs, CFOs, Credit Managers and Collections Specialists.


SAFE Notes: Capital raising for early-stage start-up companies

A common hurdle faced by many early-stage start-ups is trying to raise capital where the company has not yet attained sufficient financial information and/or market data in respect of the business, which makes it difficult to assign a justifiable and substantiated value to the company.

SAFE (simple agreement for future equity) notes are documents that start-ups may consider using to help raise seed capital where there is limited financial data, and or a consistent source of revenue over a tracked period of time.

A SAFE note is a legally binding promise that allows an investor to purchase a specified number of shares for an agreed-upon price at some point in the future.


New obligations to report cyber incidents - critical infrastructure

With the increasing prevalence of malicious cyberattacks, new regulations have been introduced to ensure that the government has knowledge of cyber incidences affecting specific entities in the following industries:

  • electricity
  • communications
  • data storage or processing
  • financial services
  • water
  • healthcare and medical
  • higher education and research
  • food and grocery comment transport
  • space technology

By implementing a mandatory reporting regime, the government seeks to strengthen the security and resilience of critical infrastructure, by empowering the relevant authorities to more immediately address critical cyber incidents - and to develop responses and protections to minimise the risk of future incidents occurring.


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