The new Unfair Contract Terms regime (introduced by the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Amending Act), which amends the Competition and Consumer Act 2010 (Cth) [...]
The new unfair contract terms regime commences on 9 November 2023, which prohibits unfair contract terms in contracts and introduces significant pecuniary penalties. This article explores the new [...]
The Personal Property Securities Act 2009 (Cth), which commenced on 30 January 2012, changed the way security interests in personal property assets are governed, requiring you to register your [...]
This article sets out the prohibition on insolvent trading by company directors in section 588G of the Corporations Act 2001 (Cth), reviews the safe harbour defence, and provides a summary of the [...]
This article explains what is an 'ipso facto' clause, how these clauses are problematic for companies that are struggling and what a stay on these clauses will mean for Australian companies.
For the first time, on 6 September 2017, the ACCC instituted Federal Court proceedings enforcing the new laws. The first cab off the rank being JJ Richards & Sons Pty Ltd (JJ Richards), against [...]
On 20 May 2017, the Personal Property Securities Amendment (PPS Leases) Act 2017 (Cth) (Amendment) came into effect. This is the third amendment to the Personal Property Securities Act 2009 [...]
OneSteel Manufacturing Pty Ltd (OneSteel) rented a crushing and screening plant from Alleasing Pty Ltd (Alleasing), pursuant to a lease agreement it signed in 2014 which had a six-year term. The [...]
