Queensland Court of Appeal decides landlords may recover land tax under leases entered into before 30 June 2009

By Margaret Miller • In Commercial Law, Dispute Resolution, Property LawComments Off on Queensland Court of Appeal decides landlords may recover land tax under leases entered into before 30 June 2009

On 6 September 2016 the Queensland Court of Appeal in Vikpro Pty Ltd v Wyuna Court Pty Ltd [2016] QCA 225 dismissed an appeal and upheld the original decision of the Supreme Court in Wyuna Court Pty Ltd v Vikpro Pty Ltd [2015] QSC 216. A landlord under a commercial lease entered into before

Read More

Is a digital signature foolproof? Maybe not ….

By Margaret Miller • In Commercial Law, Dispute Resolution, LitigationComments Off on Is a digital signature foolproof? Maybe not ….

While executing legal documentation with electronic signatures is convenient and becoming more common, issues of security and enforceability need to be considered. Recently the Supreme Court of New South Wales held that a company director was not bound by a guarantee that carried his electronic signature. In Williams Group Australia

Read More

SMALL BUSINESS – UNFAIR CONTRACT TERMS

By Rob Ffrench • In Commercial LawComments Off on SMALL BUSINESS – UNFAIR CONTRACT TERMS

Clients and associates of Bell Legal Group need to be aware that in November this year there will be changes to the Australian Consumer Law. Small businesses (defined as having less than 20 employees) will receive protection from the terms of many business contracts they enter into if they contain

Read More

Queensland Government Rolls Out Further Improvements to QBCC

By Danny Bycroft • In Commercial LawComments Off on Queensland Government Rolls Out Further Improvements to QBCC

In 2013 the Queensland parliament voted overwhelmingly to dismantle the controversial Queensland Building Services Authority (BSA) and replace it with a new all-encompassing regulatory body – the Queensland Building and Construction Commission (QBCC). The introduction of this new regulatory commission was effected through the Queensland Building and Construction Commission and

Read More

Protecting Confidential Information in Business Sale Negotiations

By Margaret Miller • In Commercial LawComments Off on Protecting Confidential Information in Business Sale Negotiations

When a business owner is ready to commence negotiations to sell a business, one or both parties may be required to exchange commercial-in- confidence information. This information is a valuable asset which needs to be protected. While the best protection is not to disclose confidential information, businesses commonly use confidentiality agreements

Read More

July 2015 changes to the registration of business names

By Margaret Miller • In Commercial Law, Intellectual PropertyComments Off on July 2015 changes to the registration of business names

The rules for determining whether a business name is available were amended on 20 July 2015 by the Business Names Registration (Availability of Names) Determination 2015, which sets out the conditions for assessing whether a business name should be registered.  The rules consider whether the name sought could be confused with

Read More

Small business write-off for business asset purchases under $20,000

By Margaret Miller • In Commercial LawComments Off on Small business write-off for business asset purchases under $20,000

In the recent Federal Budget, the government announced an immediate write-off for small businesses for depreciating assets that cost less than $20,000. The deduction applies from the 2015 Budget night, 12 May 2015 and is claimed in the relevant income year for which the asset is “first used or installed

Read More

Consignment stock and the PPSR

By Margaret Miller • In Commercial Law, Insolvency LawComments Off on Consignment stock and the PPSR

Suppliers need to seek legal advice about the importance of registering consignment stock interests on the Personal Property Securities Register (PPSR). Failure to do so may result in the loss of their stock and significant financial loss to a creditor as illustrated here …. Recently Liquidators were appointed to a

Read More

So you have a legally binding Contract with a company …. or do you?

By Margaret Miller • In Commercial Law, LitigationComments Off on So you have a legally binding Contract with a company …. or do you?

A recent case is a strong reminder that, for a contract to be valid, binding and enforceable, it must be executed correctly.  If a contract is not executed in accordance with the Corporations Act 2001 (Cth), it may be unenforceable and, in some circumstances, the signing party may be personally liable for

Read More

Case Update – Personal Property Securities Act 2009 (Cth), Retention of Title Clauses and PMSI’s

By Ying Ying Tay • In Commercial LawComments Off on Case Update – Personal Property Securities Act 2009 (Cth), Retention of Title Clauses and PMSI’s

While registration on the PPSR is essential to perfect a supplier’s interest pursuant to a Retention of Title clause (click here for an article we have prepared which discusses this concept further), such registration will be defective if the underlying transaction documents are ineffective or contain a defect. The recent

Read More