Legal Insights
Protecting your Interests in the Supply of Materials Using the Personal Property Securities Act 2009 (Cth)
If you are involved in the supply of materials, whether plant, equipment or other building materials, whether by way of sale or hire, in the building and construction industry you should be aware of the operation and effect of the Personal Property Securities Act 2009 (Cth) (PPSA), which can help protect your interests in the event of the insolvency of the party to whom you supply materials.
Suppliers now have registerable security interests in the personal property that they supply to customers on a retention of title basis. Supply of materials on a ‘retention of title’ basis means that the seller retains legal ownership in the goods (even after delivery to the purchaser) until payment in full is received.
The Dangers of Misinterpreting Permanent Residence Status
The concept of “Australian Permanent Residence” can be misleading.
Upon the grant of a Permanent Residence Visa, many people assume that their new status is, as the title suggests, permanent, that is, forever. It follows that permanent residents often assume that they are able to travel to and from Australia without restriction indefinitely. However, this is an incorrect assumption to make that can have a devastating impact on a person’s ability to return to Australia.
CGT consequences of demolishing your home and selling vacant land
Redeveloping your home by subdividing off a building block or demolishing and rebuilding two or more dwellings is a growing trend. Some recent matters we have been involved in show that the potential tax consequences are often overlooked.
When you sell land that you became the owner of on or after 20 September 1985, you must include any capital gain made on the sale as part of your income.
Changes to the Personal Property Securities Legislation
The Government introduced a bill into parliament in March to proposing the following amendments to the Personal Properties Security Act 2009 (PPS Act):
- Remove the provision deeming that leases of serialised goods for more than 90 days are a ‘PPS lease’; and2.
- Amend the definition of ‘motor vehicle’.
Having trouble getting paid? How to improve your cash flow in the Building Industry using the Building and Construction Industry
In tough economic times, maintaining cash flow to your business can become more difficult. In this article, we explore ways in which cash flow can be maintained, with a particular focus on the building industry.
Consider the details when starting a new business
Be it a start-up fashion label, professional services provider or eatery, the biggest priority for people behind a new business is often choosing a clever name for their business and getting their product onto the marketplace.
Few people take the time to ensure they have trademarks registered and appropriate legal structures in place to ensure they are in the best possible position when the business grows or, in the regrettable event, fails.
Binding Financial Agreements
Binding Financial Agreements (or BFA’s) are intended to provide married and de facto couples with the power to avoid Court and divide their assets as they deem fit.
A BFA is a written document, prepared by lawyers, which regulates the financial matters between married or de facto couples. If both parties agree to the terms of the BFA, and it is drafted and signed off properly, it has the power to override the jurisdiction of the Family Court.
Are you in Breach of the Privacy Act?
on 12 March 2014, significant changes to the Privacy Act 1988 took effect. The changes included:
- the introduction of a more comprehensive credit reporting system; and2.
- the introduction of a set of Australian Privacy Principles, which set out the standards, rights and obligations in relation to the collecting, handling, holding, access and correction of personal information.
Dealing with Twitter Spam
If you are a regular user of Twitter, you may randomly discover one day that your Twitter account has been hacked. This involves unusual and often short tweets being sent directly to your followers, using their @ Twitter handle and including a question designed to drive followers to the accompanying link. Fear not -such spam is usually harmless and the issue is easily rectifiable.
5 Tips from an IP lawyer to protect your start-up business
‘Entrepreneur’ is no longer a dirty word. Once considered a term self-claimed by unemployed middle aged men, [1] entrepreneurism has hit the limelight. With increased accessibility to cost effective business models, passionate individuals are now pursuing their start-up ventures at a rate not seen before.
But one thing hasn’t (and won’t) change. Start-ups are cash-strapped and often look to cut corners. Some legal corners, however, can be costly or devastating to the development of a start-up. Here are our top 5 lessons you don’t want to learn the hard way.