ASIC, the loan ranger
If you are in the business of providing credit to consumers, you may have to comply with the laws and regulations as set out in the National Consumer Credit Protection Act 2009 (Cth) (NCCPA), [...]
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Minimising payment disputes through contract
The Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) is designed to streamline the process to getting paid in the building and construction industry. The Act [...]
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Risky business: risk minimisation through indemnity clauses
Risk minimisation is necessary for any successful business. Indemnity clauses, liquidated damages, warranties, exclusions and limitation of liability clauses are all mechanisms of risk allocation [...]
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Why are we hesitating to adopt e-contracts?
This article considers the application of the Electronic Transactions Acts to contracts and exclusions within these Acts.
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A warning to the credit industry: lend responsibly!
Consumer credit industry, beware! ASIC is targeting the responsible lending laws across the credit industry. Recently, payday lender Nimble Australia Pty Ltd (Nimble) failed to meet its [...]
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A $60M mistake – the consequence of a lessor failing to make a PPS registration
The Personal Property Securities Act 2009 (Cth) (PPSA) commenced on 30 January 2012. However, many financiers and lessors are still unaware of its importance or have simply decided to ignore its [...]
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Where’s my money? chasing debts in the building and construction industry
If you’re in the building and construction industry, debts are particularly bad for business. Without the timely payment of payment claims, a business’ cash flow may take a dive. This can be [...]
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Take it or leave it: review your standard contracts or run the risk of them being unenforceable
Small businesses, like consumers, can be vulnerable when it comes to standard form contracts. These contracts usually get offered on a ‘take it or leave it’ basis, and for those who lack the [...]
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