WELCOME CHANGES TO THE PPSA COMMENCE TOMORROW Up until now, leases or bailments of certain serial numbered goods (such as motor vehicles) for a term of 90 days or more were deemed to give rise to security interests under the Personal Property Securities Act 2009 (Cth)...
Construction contracts, particularly the Australian Standard general conditions, routinely include liquidated damages clauses requiring one party to pay damages arising from some breach of contract or a defect. Such terms will be unenforceable as a penalty clause if...
Reference dates in construction contracts are vital to the operation of the Building and Construction Industry Payments Act 2004 (Qld) (“BCIPA”). A party’s right to a progress payment (and to also make a payment claim) under BCIPA is dependent upon the claimant...
If you illegally downloaded the Oscar winning film Dallas Buyer’s Club you won’t be hearing from its owners…for now. Copyright holders hoping to prosecute Australian’s who have illegally downloaded content will be rethinking their approach after the decision handed...
TRICKS AND TIPS FOR LENDERS, BORROWERS AND LAWYERS Alceon Group Pty Ltd v Rose [2015] NSWSC 868 In the lending business, personal guarantees are common practice. However, any financial transaction can pose substantial risks for guarantors, lenders and lawyers. Below,...
OVERVIEW Over the last couple of years, the regulation of the construction industry has been going through an overhaul as a result of the inquiry into the operation and performance of the Queensland Building Services Authority (“QBSA”) in 2012. In mid 2013, the...
As published in CK Momentum Issue 5 (Click here to download) In a case that put the spotlight on the artistic world, the New South Wales Supreme Court has found the auction house Christie’s liable for misleading and deceptive conduct and unconscionable conduct under...
As published in CK Momentum Issue 4 (Click here to download) In October 2013, New South Wales first experienced electronic lodgement and registration of land dealings. In Victoria, financial institutions have been settling discharges of mortgages, withdrawals of...
As published in CK Momentum Issue 3 (Click here to download) Recent changes to the law amended the requirement for all commercial premises built before 31 December 2003 that are used as a workplace to maintain an asbestos register. The requirement to keep an asbestos...
As published in CK Momentum Issue 3 (Click here to download) The Queensland Government has introduced further amendments to property legislation, specifically for the sale of off-the-plan lots, which will be of significant benefit to property developers. Legislation...
The Property Occupations Act 2014 (Qld) (Act) will commence on 1 December 2014 replacing the Property Agents and Motor Dealers Act 2000 (Qld) (PAMDA). Amendments to the Land Sales Act 1984 (Qld) (LSA) and Body Corporate and Community Management Act 1997 (Qld) (BCCMA)...
As published in CK Momentum Issue 3 (Click here to download) The development and real estate industries have welcomed the passing of the Property Occupations Act 2014 (the Act) by Parliament with amendment on 7 May 2014. The Act will regulate property occupations and...