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What is a retention of title (ROT) clause?
In commercial transactions involving the sale of goods, including intellectual property (IP), a seller should consider protecting themselves against the risk that a buyer may default on payment. In Queensland, one such protection method is provided by section 22 of the Sale of Goods Act 1896 (Qld) (SGA), which states that a seller may reserve…
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Priority issues and the Personal Property Securities Register
This article takes a closer look at the PPSA and how it affects secured creditors, exploring the Default Priority Rules, Attachment Times and priority time, as well as examples of situations where more specific priority rules apply.
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Vesting of 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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