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Vesting unperfected security interests on liquidation – register or perish!
In White v Spiers Earthworks Pty Ltd [2014] WASC 139 (White v Spiers), it was held that a security interest granted by a company will vest with the Grantor on insolvency or bankruptcy, unless it is registered on the PPSR. Businesses must take steps to register security interests to avoid potential loss.
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Tax incentives for early-stage innovation investors
The Australian Government has proposed a bill to incentivise innovation and foster an entrepreneurial culture. Learn more about the 20% non-refundable tax offset for eligible investors and the potential for an Australian Innovation Fund.
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When is a written agreement legally binding – Masters v Cameron revised
Understand the three types of written agreements and when they are legally binding. Learn the action to take if you have questions about the binding effect of a particular contract.
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Is your confidential information truly protected?
This article examines the complex nuances around protecting confidential information, essential for commercial transactions. It looks at the quality of confidence, circumstances implying an obligation of confidence, and various Court cases to determine the confidentiality of information.
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Third line forcing & commercial contracts
Third line forcing is illegal and can lead to serious penalties. Learn what the Competition and Consumer Act 2010 (Cth) says, exemptions, compulsion and Australian Competition and Consumer Commission (ACCC)’s notice form. Understand why it’s prohibited and the consequences of not following the law.
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Franchisor liability for misleading forecasts
An overview of legal requirements for making forecasts in a franchisor-franchisee relationship, and guidance on how to make forecasts that are legally compliant, are explored in this article. Learn how to protect franchisors and franchisees from legal action.
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Tag along rights in shareholder agreements
Learn how tag along rights protect minority shareholders and ensure that the controlling interest of a company remains in the hands of the original shareholders. Find out more by reading this article.
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Legal risks in the in-app purchase model
Software developers and publishers are offering users the chance to make In-App Purchases within their software, but there are legal risks involved. Learn how to protect yourself and your business by understanding the requirements of distribution platforms and Australian consumer law.
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The risks of ‘manufactured’ business testimonials: lessons from the ACCC
The Federal Court has imposed hefty fines and corrective measures on A Whistle and Co Pty Ltd, a franchisor found guilty of breaching the Australian Consumer Law by publishing fake customer testimonials. This serves as a warning to businesses to engage in genuine and legitimate marketing activities, not deceptive practices.
