All Publications

Legal Insight Issue 22

31 Jul 2015

And just when you thought you were getting a handle on the PPSA


The Personal Property Securities Act, 2009 (Cth) ("Act") came into effect in January 2012.  Yes, over 3 years ago.  In its wisdom (we mean that seriously), the Government buil...

Read More

Legal Insight Issue 21

07 May 2015

Franchise Agreements declared void! Will yours stand up?

Justice Murphy of the Federal Court of Australia delivered a recent judgment in the matter of ACCC –v- South East Melbourne Cleaning (in Liquidation) [2015] FCA 25 which found that a franchisor ("Coverall"):...

Read More

Legal Insight Issue 20

06 May 2015

Online Dispute Resolution/Cyber Settlement/Cyber Mediation

Traditional Resolution of Disputes

Many of our readers or their clients are, unfortunately, from time to time involved in commercial or other civil disputes.  Whether such disputes involve small or large amounts ...

Read More

Legal Insight Issue 19

20 Jan 2015

PPSA Update - Tardy Registration has Fatal Effects

In The Creditor (Trustee) -v- Australian Gaming and Entertainment Ltd (In Liq) [2014] FCA 1034, Pozzebon ("Creditor") argued that its security interest did not vest in the company in liquidation ("Grantor") under the Corporations Act...

Read More

Legal Insight Issue 18

18 Jun 2014


Misleading Conduct in Advertising

Product Safety Guide for Online Businesses

Proposed Changes to Franchising in Australia

The Importance of Registering on the PPSR

Failure to register security interests has drastic effects!


Read More

Legal Insight Issue 17

17 Feb 2014


Discretion of the SMSF Trustee

Commencement of NSW Motor Dealers' Unfair Contracts Regime

PPSA Developments

Voting Rights at Creditors' Meetings

Are you Ready for Privacy Law Changes?

Covert Recordings – ...

Read More

Legal Insight Issue 16

16 Nov 2013


PPSA Update - A Security Interest By Any Other Name

Federal Court Allows Liquidator's Sale

ACCC Enforcement - Recent Examples

Take-Away Food and Fitness Industries - Franchising Audits Coming Your Way

Trusts - Shams - Bankruptcy


Read More

Legal Insight Issue 15

05 Sep 2013


Amendments to the Insurance Contracts Act Pass the Senate

Former Trustee in Liquidation Entitled to Sell Trust Assets

The ACCC – A Toothy Tiger

Possession is 9/10ths of the Law!

Federal Court Orders – "Unfair Terms"

Read More

Legal Insight Issue 14

11 Jul 2013


Enforceability of Contractual Dispute Resolution Provisions

ACCC Takes Action Alleging "Unfair Terms"

Negotiated Penalty Arrangements with ASIC/ACCC for Civil Penalty Infringements of Corporations Act, 2001/Competition and Consumer Act, 2010

Update on Franchising ...

Read More

Legal Insight Issue 13

08 Mar 2013


Federal Court decision regarding Franchising & Competition and Consumer Act

ACCC issues small business, franchising and industry codes six monthly report

Proposed new tribunal for New South Wales

2013 review of the Franchising Code of Conduct


Read More

Legal Insight Issue 12

11 Dec 2012


Retailing- Take care when advertising "sales"

Powers of Attorney- Conditions or Limitations on the Power must be strictly followed.

Court removes liquidator due to impartiality concerns

Franchising update

Be careful with your prediction...

Read More

Legal Insight Issue 11

22 Jun 2012


Severe Impact of Non-Compliance with "Genuine Steps Statement" Requirements

Australia Wide Business Name Register

Defects in the Personal Property Securities Act Register

Public Examinations – Examinees Granted Access to Affidavit in Support of Examination S...

Read More

Legal Insight Issue 10

30 Mar 2012


Former Employee Ordered to Pay Damages to Former Employer for Poaching Clients

ACCC 2012 Objectives and Updated Compliance and Enforcement Policy

ACCC's action regarding "unfair terms" in contracts

Amendments to the Home Building Act


Read More

Legal Insight Issue 9

19 Dec 2011


Large Australian Retailer Fined $1.25 Million For Trade Practices Act/Australian Consumer Law Breaches

ACCC – The Tiger Showing Its Teeth

A High Court Decision Confirms That Extreme Care Is Required When Drafting Documents

See Red And Stop before Making Green Claims...

Read More

Legal Insight Issue 8

21 Nov 2011


Pre-Litigation "Reasonable Steps" Delayed Further in NSW

Franchisors Beware

Proceedings Against Liquidators Personally

Liquidator Successfully Seeks Assistance of English Court to Enforce Judgments

Trustee's Right of Indemnity Hard ...

Read More

See Red and Stop Before Making Green Claims

04 Nov 2011

Marketing goods or services based on their "environmental" credentials is a powerful selling technique. All too often, these claims are made without careful consideration of the accuracy or evidence for the claim. Making environmental claims that are inaccurate or unsubstantiated will be misleading and deceptive conduct or making a false or misleading representation under the Aus...

Read More

Warranties Against Defects – A Problem for Everyone in the Supply Chain

02 Nov 2011

Manufacturers, retailers and service providers commonly make promises about the quality or fitness for purpose of their goods or services. These assurances are referred to as warranties and serve to enhance the attractiveness of products or services over those offered by a competitor. They have become a significant selling point for goods and services and it is not unusual these days to fi...

Read More

Legal Insight Issue 7

04 Jul 2011


Pre-Litigation Requirements: Transitional Period

New Federal Court Rules

Insolvency Practitioners: Beware Making Representations on Fees

Employees and the Duty of Fidelity


Read More

Legal Insight Issue 6

04 Apr 2011


Liquidator to Pay Costs on an Indemnity Basis Personally

Misleading and Deceptive Conduct – "Reasonable Consumer" Test Confirmed

Amendments to the Building and Construction Industry Security of Payment Act ("ACT")

Steps you Must Take Before Commenc...

Read More

Legal Insight Issue 5

08 Nov 2010


Expert Determination Clause Binding on Parties

Examination Transcripts Cannot be used Against Others

Building Industry - Payment Claims - Setting Aside an Adjudicator's Determination

Clarification by High Court as to what Constitutes an Appealable Error of Law

Read More

Legal Insight Issue 4

04 Oct 2010


ADR - A Prerequisite to Commencing all Federal Civil Litigation

Building and Construction Industry Payments Act - Adjudicator's Determination Set Aside

Unfair Contracts - It's Now Law!

Protect Your IP - New Free Government Service

New Sta...

Read More

Legal Insight Issue 3

08 Mar 2010


Franchising Update

The Chocolates 4 U Case – not so sweet!

Legal Professional Privilege – Employees Waiving Your Privilege

Succession Law Update

Franchising Update

The Franchis...

Read More

Legal Insight Issue 2

09 Nov 2009


"Unfair" Contracts Amendments to Trade Practices Act

Update on Alternative Dispute Resolution and Civil Litigation

Appointment of Voluntary Administrator Amounts to a "Change in Ultimate Control"

Personal Property Securities Law


Read More

Legal Insight Issue 1

11 May 2009


Recent High Court of Australia Decision Awarding Damages to Landlord

Liquidators/Voluntary Administrators - Voting Rights of Proxy Holders


Recent High Court of Australia Decision Awarding Damages to Landlord


Read More