THE PERSONAL PROPERTIES AND SECURITIES REGISTER – ROT clauses
RETENTION OF TITLE CLAUSES (ROT clauses) and PPS Register Prior to 30 January 2012, enforceable ROT clauses were not security interests as title did not pass to the buyer until payment was made. The supplier of the goods remained the owner and third parties with security over the buyer’s assets could not claim them. Now […]
THE PERSONAL PROPERTIES AND SECURITIES REGISTER – ACTION ITEMS
ACTION ITEMS Audit security interests – there is no automatic migration of existing interests to the PPS Register. Audit transactions that create security interests under the PPSA, such as supply agreements with ROT clauses. Register security interests on the PPS Register.
THE PERSONAL PROPERTIES AND SECURITIES REGISTER – BUSINESS CHECKLIST
Business Checklist Do you own personal property that could be in someone else's possession for longer than 90 days? Do you consign goods to other people to sell? Do you manufacture and sell goods? Do your conditions of sale state that you retain ownership until you are paid (i.e. retention of title clause)? Do you […]
REDUNDANT FLOORCARE EXECUTIVE CLEANS UP AND COMPETES – BUT HAS TO SCRUB CONTACT WITH OLD CUSTOMERS FOR RESTRAINT PERIOD
An Ecolab employee (Garland) was made redundant in May 2011. He then started work with Karcher Pty Ltd on 18 July 2011, as National Sales Manager selling Windsor floor cleaning equipment; equipment he had also sold while at Ecolab. However not long after Garland had left Ecolab, and before starting at Karcher, Ecolab's distribution contract […]
WORKING FOR A COMPETITOR – LIKE A RED RAG TO A BULL
Employers are always keen to know what they can do to stop staff taking clients and staff when they leave. When two senior executives were terminated, their departure to a competitor was like a red rag to a bull for their old employer. Red Bull got injunctions against two executives that left and went to […]
INJURY AND DEATH IN THE CONSTRUCTION INDUSTRY TO BE REDUCED BY NEW LEGISLATION
The new Work Health and Safety laws (WHS) introduce a concept of "Safe Design" that mandates requirements for architects, engineers, building designers or anyone involved in the design of a building or structure. Such requirements state that designers must ensure that a plan, substance or structure is specifically designed to be without risks to the […]
PERSONAL PROPERTY SECURITIES ACT
The new PPSA introduces changes that should prompt review of many of your contractual arrangements. Below is a short list of challenges to common operating assumptions. Equipment: Supplies of or Leases, bailments over plant and equipment may be registrable security interests, whether by agency, outsourcing or franchise. Receivables: Assignments of receivables should be registered. Intellectual […]
DISPUTED DEBT – Company not saved from insolvency
The courts have found a company can be wound up for insolvency even though its debt is in dispute. In a recent case, a receiver and manager had been appointed by Westpoint over a company's assets, claiming a debt of over $6 million. The Australian Security and Investments Commission applied to wind up the company […]
Carbon Price Gouging – Prevention is better than cure
The government has announced that the ACCC, the Australian Competition and Consumer Commission, will be given responsibility to police how businesses pass on the carbon price and for ensuring they do not engage in price gouging by using the carbon price as an excuse to increase prices beyond its actual effect. The best way to […]
DIRECTORS' DUTIES – Approving financial statements a serious matter
A recent court decision against the directors of a major company demonstrates how demanding are a director's duties when approving financial statements. To meet those demands, boards may seek to change the way in which financial information is presented to directors and how they review it. Information overload is not an excuse for failing to […]