Security Interests: How the Strict PPSA Regime Can Lose You Your Property

By Josephine Vernon • In Commercial LawComments Off on Security Interests: How the Strict PPSA Regime Can Lose You Your Property

It is extremely important for businesses to be aware of the strict compliance necessary when recording security interests on the Personal Property Securities (“PPS”) Register. A lack of attention to detail may render registrations inadequate, which can cause an enormous loss of property to third parties. Alleasing Pty Ltd found

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ATO debts added to your credit record

By Lucille Moala • In Commercial LawComments Off on ATO debts added to your credit record

From 1 July 2017, the Australian Taxation Office (“ATO”) will inform credit rating agencies of businesses that have outstanding tax debts. If your business has tax debt, you are now required to take steps to engage and work with the ATO to manage and pay off that debt. If the

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10 Things Every Franchisor Should Know – Part 2

By Naomi Schulte • In Commercial LawComments Off on 10 Things Every Franchisor Should Know – Part 2

Further to Part 1 of “10 Things Every Franchisor Should Know”, franchisors should also be aware of the following 5 points in complying with the Franchising Code of Conduct: 6. RECORD KEEPING A Franchisor may be required to generate or publish certain documents such as disclosure documents and marketing fund

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10 Things Every Franchisor Should Know – Part 1

By Naomi Schulte • In Commercial LawComments Off on 10 Things Every Franchisor Should Know – Part 1

In Australia, the parties to a franchise agreement are legally obligated to comply with the Franchising Code of Conduct (“Code”).  The Code imposes many obligations on franchisors, of which are in addition to their broader obligations under the Competition and Consumer Act 2010 (“Act”). Franchisors should be aware of exactly

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Attention Commercial Landowners!

By Naomi Schulte • In Commercial LawComments Off on Attention Commercial Landowners!

Commercial building owners should be aware of their obligations under the energy efficiency disclosure regime that has been established by the Building Energy Efficiency Disclosure Act 2010 (Cth) (“Act”).  This regime provides that the energy efficiency of certain commercial buildings must be disclosed in a Building Energy Efficiency Certificate (“BEEC”).

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Lessor To Register Interests On PPSR

By Naomi Schulte • In Commercial LawComments Off on Lessor To Register Interests On PPSR

A recent Australian case has confirmed that if a lessor fails to register its interest on the PPSR over plant and equipment that remains at the leased premises, the lessor’s interest in the equipment can pass to the administrator of the lessee. In the 2016 case of Flown Pty Ltd v

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6 Reasons To Have a Shareholders’ Agreement

By Naomi Schulte • In Commercial LawComments Off on 6 Reasons To Have a Shareholders’ Agreement

A Shareholders’ Agreement is a contract between the shareholders of a company that regulates, amongst other things, the way in which business is conducted between shareholders. THE GRILL’D DISPUTE The recent case between the owners of Grill’d provides a real example of the importance of a company having a Shareholders’

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Personal Liability of Directors – Take a Directors’ Health Check

By Judy Cullinane • In Commercial LawComments Off on Personal Liability of Directors – Take a Directors’ Health Check

Are you stressed, is your blood pressure up….not that type of health check, a Directors’ Liability Check: Do you know that if you breach your directors’ duties you may be personally liable? Do you know this can include liability for compensation, civil and criminal penalties? Symptoms – How to check

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Fining Franchisors – A Future Trend?

By Margaret Miller • In Commercial Law, LitigationComments Off on Fining Franchisors – A Future Trend?

Consumer watchdog the ACCC has begun cracking down on franchisor misbehaviour, bolstered by the powers awarded to it under the revised Franchising Code of Conduct. The start of 2015 heralded the amended Code coming into effect, thanks to a slew of franchisor disputes and governmental inquiries. The Code now contains

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Retail Shop Leases Amendments come into effect in November 2016

By Margaret Miller • In Commercial Law, Property LawComments Off on Retail Shop Leases Amendments come into effect in November 2016

Exclusions from the retail shop lease definition The definition of a retail shop lease will specifically exclude leases/licences for: premises with an area greater than 1,000 square metres; premises carrying on a business by a lessee for a lessor as the employee or agent of the lessor; ATMs; vending machines; and premises

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