Retention of Title Clauses in Supply Contracts

By Allan McDougall

A possible short-term consequence of the Commonwealth government’s new Personal Property Securities Act (PPSA) will be to cause small business suppliers relying on retention-of-title (ROT) clauses as security for payment to lose out to big banks in any contest for money left over by a customer in financial distress. This is potentially the effect of

Workplace Relations Newsletter

By Leonie Kyriacou

Pigott Stinson has published its first Workplace Relations Newsletter. For the latest in employment and workplace relations law… Download the Newsletter

Taxi Licences & The Personal Property Securities Act

By Allan McDougall

Taxi owners and operators in NSW will be familiar with the State government’s Register of Encumbered Vehicles (REVS). This register was established in 1986 to record the interest in a motor vehicle of a lender to the owner of the vehicle, a lessor of the vehicle to another person, and the rights of the owner

Interests in Gaming Machines and the Personal Property Securities Act

By Allan McDougall

 Introduction Club managers would be aware that section 74(1) of the New South WalesGaming Machines Act (2001) prohibits clubs from granting a specific interest in their gaming machines to anyone else. The reference to an “interest” effectively means a security interest like a fixed charge. Section 74(2) relaxes this rule by allowing clubs to grant

Basic Licensing Issues

By John Ralston

Section 73 of the Liquor Act 2007 provides, in effect as follows: 1.     A registered club must not permit: (a)      intoxication; or (b)      any indecent, violent or quarrelsome conduct, on the licensed premises of the registered club. Maximum penalty: $11,000.00. 2.     A registered club or an employee or agent of a registered club must not,

Update on tax and corporations law

By Tony Salier

A recent judicial decision and an amendment to the Corporations Act have significant implications for trustees and shareholders respectively. Bankworth Olive Grove –v- DCT (2010) QCA 80 and its effect upon trustees. In Bankworth Olive Grove –v- DCT (2010) QCA 80, the Queensland Court of Appeal held that the Commissioner of Taxation was entitled to

Overview of the New Unfair Contract Terms Provisions of the Trade Practices Act 1974

By Daniel Fleming

On 1 July 2010 the Trade Practices Amendment Act (No 1) 2010 brought into effect new provisions of the Trade Practices Act 1974 (the Act), which render a term of a consumer contract void if the term is unfair and is contained in a standard form contract

Taxis – Protecting the Bailment Arrangement

By Owen Ratner

Seminar paper on protecting the taxi bailment arrangement, presented by Owen Ratner at the Australian Taxi Industry Association Conference at Darwin on 8 June 2010. I have been asked today to talk about the protection of the bailment arrangement as it applies to the taxi Industry in Australia. Firstly the purposes of today I will