Protecting Small Business From Unfair Contract Terms – First Court Action

By Rob Ffrench • In Commercial Law, Consumer LawComments Off on Protecting Small Business From Unfair Contract Terms – First Court Action

On 12 November 2016, the Australian Consumer Law was amended to protect small businesses from unfair contract terms. This applies to any business employing fewer than 20 people with a monetary limit on the value of the contract in question. Unfair contracts are typically one sided, have unnecessary/harsh terms and

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Safeguarding your intellectual property

By Margaret Miller • In Commercial Law, Dispute Resolution, Intellectual Property, LawComments Off on Safeguarding your intellectual property

The value of your Intellectual Property (“IP”) could be worth more to you than your real property, business equipment or stock. You need to consider how you can safeguard the ownership of your IP and regularly monitor and control any threats to your ownership. Trademarks IP may be the most

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Insolvency update: SumoSalad uses insolvency laws to negotiate lease dispute with landlords

By Margaret Miller • In Bankruptcy Law, Commercial Law, Dispute Resolution, Insolvency Law, Law, Litigation, NewsComments Off on Insolvency update: SumoSalad uses insolvency laws to negotiate lease dispute with landlords

After many failed attempts over the past 6 months to negotiate cuts in leasing charges, Luke Baylis, the chief executive and co-founder of SumoSalad put two of its companies, Sumo Westfield Leasing Pty Ltd and Sumo Leasing Pty Ltd, into voluntary administration to force several Westfield centres to the negotiating

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Nurisvan Investment Limited & Anor v Anyoption Holdings [2017] VSCA 141

By Tim Elliott • In Commercial Law, Dispute Resolution, Law, Litigation, Property LawComments Off on Nurisvan Investment Limited & Anor v Anyoption Holdings [2017] VSCA 141

The abovementioned appeal considered whether an unsigned deed or contact can in fact be binding. This issue is often a factual scenario faced by legal practitioners every day in advising their clients in circumstances where clients have not fully completed their paperwork. At first instance, the Respondent had succeeded and

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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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