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The Personal Property Securities Act 2009 (Cth) and retention of title CommercialProperty & Projects
28 July, 2021

The Personal Property Securities Act 2009 (Cth) and retention of title

If you supply goods under retention of title arrangements, you need to know about the Personal Property Securities Act 2009 (Cth) (PPSA). Registering your interest in goods supplied under retention of title arrangements on the Personal Property Securities Register (PPSR) is essential to protect suppliers in the event of purchaser…
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Temporary amendments to Australian insolvency laws due to coronavirus effective today CommercialInsolvency
25 March, 2020

Temporary amendments to Australian insolvency laws due to coronavirus effective today

The Coronavirus Economic Response Package Omnibus Act 2020 (Cth) (Act) has come into force.  The Act, among other things, makes temporary amendments to the Australian insolvency and corporations laws in light of the economic impacts of the coronavirus. Why have the amendments been made? The Act provides temporary relief for financially…
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Are you Guaranteeing an Indemnity? Commercial
8 November, 2017

Are you Guaranteeing an Indemnity?

Introduction It is common for a contractor to provide an indemnity and/or a guarantee to a principal under a construction contract. However, contractors must know that the two are fundamentally different. They should not take on additional obligations/risks than what is agreed between the parties under the construction contract. For…
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You, Me and the Garnishee Commercial
5 April, 2017

You, Me and the Garnishee

The first question clients ask when obtaining a favourable judgment is “how will we enforce this judgment against the debtor?”. The quickest and most effective way to enforce a judgment debt is to obtain a garnishee order from the Court. This article sets out the key elements of garnishee orders…
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Loose Lips Sink Ships – Representations During Negotiations CommercialConstructionProperty & Projects
27 September, 2016

Loose Lips Sink Ships – Representations During Negotiations

Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd HCA 26This Victorian case illustrates the problem with talking loosely during negotiations.The case worked its way from the Victorian Civil & Administrative Tribunal (VCAT), through the Victorian Court of Appeal and finally to the full bench of the High Court.The FactsThe…
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