Searching for Safe Harbour in difficult times

The ‘Safe Harbour’ regime under the Corporations Act 2001 (Cth) (the “Act”) provides businesses facing insolvency an opportunity to access legal safe harbour from civil penalties and adverse orders, in circumstances where those businesses would have otherwise been trading whilst insolvent under section 588G of the Act. Insolvency The Act imposes a fundamental duty on [...]

2024-09-02T00:57:10+00:00September 2nd, 2024|Uncategorized|Comments Off on Searching for Safe Harbour in difficult times

The Importance of Removing PPSR Registrations

Once a loan or obligations which involves a PPSR registration is repaid or the agreement has come to an end, the business or individual who has registered the PPSR registration has a statutory obligation to remove this registration (in addition to the contractual obligation). In most cases the secured party may have just forgotten, but [...]

2022-12-05T00:38:28+00:00December 5th, 2022|Contracts, Uncategorized|Comments Off on The Importance of Removing PPSR Registrations

5 reasons why those cut and pasted Terms & Conditions are a bad idea

Like ill-fitting budgie-smugglers T&Cs are often crafted with a particular business in mind and the unique challenges it faces. At best, using someone else’s means the terms are likely not effective protection for your particular business and, at worst, they won’t fit and may inadequately cover critical things that are unique to your business. Well, [...]

2022-04-20T23:51:12+00:00April 4th, 2022|Uncategorized|Comments Off on 5 reasons why those cut and pasted Terms & Conditions are a bad idea

Commercial Leasing Basics – Accurately describing and assessing the ‘Permitted Use’

The “permitted use” section in a lease describes how a tenant is allowed to use the premises during the lease term. The permitted use is often located in the ‘Schedule’ or ‘Particulars’ of the lease (usually at the back or front of the document) and is tied to provisions within the lease’s general terms. Those [...]

2022-01-23T03:10:22+00:00January 23rd, 2022|Uncategorized|Comments Off on Commercial Leasing Basics – Accurately describing and assessing the ‘Permitted Use’
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