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
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Sep
Sep
July 2015 changes to the registration of business names
By Margaret Miller •
In Commercial Law, Intellectual Property •
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18
Aug
Aug
Small business write-off for business asset purchases under $20,000
By Margaret Miller •
In Commercial Law •
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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
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Apr
Apr
Consignment stock and the PPSR
By Margaret Miller •
In Commercial Law, Insolvency Law •
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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
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Mar
Mar
So you have a legally binding Contract with a company …. or do you?
By Margaret Miller •
In Commercial Law, Litigation •
Comments 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
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Oct
Oct
Case Update – Personal Property Securities Act 2009 (Cth), Retention of Title Clauses and PMSI’s
By Ying Ying Tay •
In Commercial Law •
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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
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Oct
Oct
The Effect of the Personal Property Securities Act 2009 (Cth) on Retention of Title Clauses
By Ying Ying Tay •
In Commercial Law •
Comments Off on The Effect of the Personal Property Securities Act 2009 (Cth) on Retention of Title Clauses
Retention of Title Clauses pre-PPSA It is usual industry practice for suppliers to include retention of title (ROT) clauses in their contracts so that title to the goods will not pass until the full purchase price for the goods has been paid. Prior to the enactment of the Personal Property
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Sep
Sep
Personal Property Securities Register – A Trap For The Unwary
By Margaret Miller •
In Commercial Law, Dispute Resolution •
Comments Off on Personal Property Securities Register – A Trap For The Unwary
The Personal Property Securities Register created under the Personal Property Securities Act 2009 (Cth) (PPSA) is used to register and protect the rights of secured creditors. Recently Bell Legal Group acted for a client to remove an improperly registered security interest which stopped them from completing a sale of substantial business assets.
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Sep
Sep
Big Changes to Franchise Law Coming
The Australian Government has recently passed the Competition and Consumer Amendment (Industry Code Penalties) Bill 2014 in the Senate. It contains a number of important changes, including civil penalties or fines for businesses which breach the Franchising Code of Conduct. The amendments to the Code are expected to come into
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Sep
Sep
Update – Amendments to the Building and Construction Industry Payments Act 2004 (Qld) Postponed
By Ella McNamara •
In Commercial Law •
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Further to our recent article, the key amendments to the Building and Construction Industry Payments Act 2004 (Qld) which were due to come into effect from 1 September 2014 have been delayed. Please see the following update from the Queensland Law Society: “Queensland Law Society has received correspondence from Tim Mander
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Aug
Aug
Amendments to the Building and Construction Industry Payments Act 2004 (Qld)
By Ella McNamara •
In Commercial Law •
Comments Off on Amendments to the Building and Construction Industry Payments Act 2004 (Qld)
Key amendments to the Building and Construction Industry Payments Act 2004 (Qld) (“the Act”) will come into effect from 1 September 2014 and will affect contracts entered into after this date. The Act applies to all commercial construction contracts in Queensland (including the supply of related goods and services). As
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