Professional Anti-Competitiveness, Water Management, Personal Responsibility & GST Fraud - Law Update NSW Australia

GWM Lawyers and Conveyancers wishes their friends and clients a happy new year.
Welcome to the January 2004 edition of this Law Update Newsletter, informing friends and clients of GWM Lawyers and Conveyancers of changes in the law that might impact on their personal or business lives.

ANTI-COMPETITIVE ACTION- Professionals' conduct is not immune from scrutiny.

Professionals, as well as corporate bodies, have trade practices obligations in dealings with clients and colleagues.

Price-fixing and market-sharing arrangements are considered anti-competitive behaviour, and breaches of the Trade Practices Act that can result in fines for individuals of up to $500,000.

In a recent case, three obstetricians who provided private in-hospital obstetrics services in Rockhampton were found to have entered into an agreement with each other to boycott 'no gap' billing arrangements offered by a number of private health insurance funds. This meant that about 200 patients had to pay a gap fee for in-hospital medical expenses associated with the birth of their child.

To collectively boycott such arrangements was considered anti-competitive conduct and the obstetricians had to repay almost $97,000 to affected patients.

Warning bells should ring whenever a professional enters into, or is otherwise party to, agreements directed at reducing the level of competition they face from colleagues, or directed at fixing the prices colleagues will charge for their services. When in doubt, legal advice should be obtained, especially in view of the potentially substantial penalties possible under the Act.

We invite enquiries in this area of law to Bob Gillroy at GWM Lawyers. Bob can be contacted by email.

WATER RIGHTS

A new law on water management is changing water rights in New South Wales. The intention is to balance individual proprietary rights to water against what is necessary to ensure the sustainability of the environment in the long term.

In a further stage in this process, draft area Water Sharing Plans have recently come off public exhibition.

At the end of December 2002 several of the plans have been gazetted by the Minister.

Only three months is allowed from the time that a plan is gazetted to raise any questions or challenge the validity of a plan in court proceedings. Anyone who thinks their interests might be affected would be wise to seek legal advice about the validity of the relevant draft Water Sharing Plan which applies to their interests.

When the final Water Sharing Plan is published, any variation from the draft plan can be quickly checked and any advice revised.

Under the new Act the past rights of water licence holders will not be transferable to the access licences. The new licences will be transferable separately to the transfer of land.

Access rights may not be secure. Following consultation, the Minister can vary the Bulk Access Regime in a Water Sharing Plan at any time, possibly reducing the water allocation available under an access licence.

This significantly undermines the security and value of access licences. Compensation for loss suffered by reduction of the water allocation is available but in limited circumstances and ultimately at the Minister's discretion.

For advice and assistance on matters relating to the new legislation we invite enquiries to Colin Sloan, Solicitor, at GWM Lawyers. Colin can be contacted by email or on 6583 5266.

Disclaimer
The contents of this email newsletter are designed to provide basic information on changes in the law only. The information provided is an overview of the changes mentioned and, as such, is intended as an alert rather than as advice to take any specific action. Nothing contained in this email, therefore, should be taken as legal advice and no specific action is advised in relation to any particular circumstance. Detailed questions are welcome either by email (info@gwmlaw.com.au), by letter (PO Box 753 Port Macquarie 2444) or personal appointment (phone 6583 5266).

For further information regarding any of the changes to the law mentioned in this email contact GWM Lawyers and Conveyancers at info@gwmlaw.com.au by email, write to us at PO Box 753 Port Macquarie 2444 or phone for a personal appointment on 0011 61(0) 2 6583 5266. You may also go to our website www.gwmlaw.com.au, click on "Areas of Law" and follow the email links to one of our expert staff.


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