Our Insights

Our Insights 2017-05-22T06:17:50+00:00

Those 5 Circles Are Back…

How quickly these Olympic times come around, with a bagful of new names and new records to match. There are also other "Circles" we should remember if we want a gold medal performance, The 5 [...]

A fair go all round? A practical guide for what to do with the new unfair contract terms regime

On 12 November 2016, a new regime of regulation affecting standard form contracts will be introduced in accordance with the Treasury Legislation Amendment (Small Business & Unfair Contract Terms) Act 2015. This affects the Australian Consumer Law [...]

Deeds of guarantee — do they require witnessing?

A common question that Clients across all industries ask is... What do I do if the personal guarantee I hold on file has not been witnessed? We recommend to all of our Clients that any [...]

Credit Applications in the Name of a Trust

It is very common these days to see Companies using trading Trusts as a vehicle to run their business. So how should you open an Account for your Customer if the Credit Application has been filled [...]

PPSA – Is Conduct Enough to Accept Changed Terms and Conditions?

Readers will be aware that section 20 of the PPSA provides for the enforceability of security interests against third parties. An issue that has arisen in practice is, what happens if your security agreement has [...]

PPSA Short Term Leases – Serial Numbered Goods

Serial numbered goods under the Person Property Security Act ("the PPSA") include motor vehicles, aircraft and vessels. Under the PPSA, leases of serial numbered goods for more than 90 days are deemed security interests, and [...]

Notifying A Guarantor of the Acceptance of the Credit Application & Guarantee

We recently acted for a Client who was pursuing a Guarantor for an unpaid debt, owed by a Company that had since gone into Liquidation. During the hearing, the Defendant (the Guarantor) raised some important issues [...]

True Lies – Will a Warranty Help Me?

An issue with the Australian Consumer Law ("the ACL") and warranties is that it may catch out some Companies that could be deemed to be selling to "Consumers" even though they only supply on a [...]

Sign Here – Pen… Meet Paperless

We all knew that the internet would cause profound change in so many areas of our lives. Signing electronically is just one of those many changes with yet more to come. There is a difference [...]

Privacy Amendments & Your Privacy Policy

The Privacy Amendment (Enhancing Privacy Protection) Act 2012 (“the Privacy Amendments”) came into effect from 12 March 2014, which introduced new Australian Privacy Principles (“the APPs”) applicable to the private sector and government agencies. The [...]