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.

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.

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.

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.

Holman Webb Lawyers is pleased to announce a range of promotions across our Sydney office – effective 1 July 2022:
 
These promotions reflect the commitment and contribution each person has made and continues to make to the fabric of the firm, our values and development.

The 17 June 2022 Federal Court of Australia decision in Zurich Australian Insurance Ltd v Atradius Credito Y Caucion S.A. De Seguros Y Reaseguros [2022] FCA 709 has made clear that care must be taken when bringing proceedings in the Federal Circuit and Family Court of Australia.

The Federal Court has made clear that the FCFCoA only has jurisdiction to hear and determine claims when power has been expressly given to it pursuant to legislation; and that absent such power, proceedings in that jurisdiction are a nullity.

On the contrary, the Federal Court has clear and undisputed jurisdiction arising in the exercise of Federal civil jurisdiction irrespective of any specific grant under legislation.

From Friday 1 July 2022, there will be a number of changes set to impact all Australian businesses.

These changes include increases to minimum wages, compulsory superannuation and penalty units in NSW.   

The changes come as a timely reminder for businesses to review their contracts and industrial instruments. 

It is also a good time for businesses to ensure that they are meeting their minimum obligations, and to confirm who will bear the increase to superannuation.

Risk is when your loss can easily surpass your gain – severity of that loss can come down to exposure and vulnerability of your business.

In many industries, risk takes various forms and the risk factors that could affect your business the most are could be external – economic downturn and insolvency.

This piece from Holman Webb's Commercial Recovery and Insolvency Group takes a look at the concept of risk, what those working within a credit function need to know - and how Holman Webb can help.

In April 2022, the ATO issued 50,000 letters of demand to company directors giving them 21 days to resolve tax liabilities.

Historically, once ATO and major banks start escalating collection activity, it’s not uncommon to see insolvencies rise.

This piece from Holman Webb's Commercial Recovery and Insolvency Group highlights the impact that the ATO's issuance of these letters is likely to have within the building and construction industries.

The Australian Financial Review recently reported that “total construction sector inflation will hit 9.5 per cent over the year to June 2022, and 6 per cent over the year to December 2022”.

This increased financial pressure in the industry will heavily impact the likelihood of increased insolvency activity.

With the latest ABS statistics confirming that the CPI increased by 2.1% in the last quarter, and that inflation reached 5.1% over the 12 months to March 2022 quarter (the highest since 2001) - those in the building and construction industries have been particularly hard hit.

Higher inflation impacts:

• Supply chains: a shortage of materials has seen an increase of 3.8% in construction costs;
• Labour markets; and
• RBA interest rate rise: higher interest rates may lead to a dampening in economic activity.

These additional costs have flow on effects to construction activity, some of which may be far reaching.