Connect with Us

Latest thinking

Events
News
Blogs
Search thinking

Filter list by:

Industries
Practices
People
Date
Thinking posts
4 results
4 results
Landlord caught between a rock and a hard ‘lease’: VCAT finds sand quarry to be a ‘retail premises’ lease

Thinking| 30 Jul 2019

Landlord caught between a rock and a hard ‘lease’: VCAT finds sand quarry to be a ‘retail premises’ lease

The Victorian Civil and Administrative Tribunal has recently handed down the decision of Phillips v Abel [2019] VCAT 1031 which continues the trend of pushing the boundary of what had traditionally been considered ‘retail premises’ for the purposes of the Retail Leases Act 2003 (Act). Following the comments made by the Victorian Supreme Court of […]

Corporate trustees and ipso facto reforms

Thinking| 11 Dec 2018

Corporate trustees and ipso facto reforms

The Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) (Act) introduced new laws which operate to stay the enforcement of ipso facto clauses that are triggered upon a company suffering an insolvency event. These new laws come into effect for contracts entered into on or after 1 July 2018. An ipso facto […]

Extensions of time for registration under PPSA

Thinking| 17 Jul 2018

Extensions of time for registration under PPSA

Several decisions handed down in the Personal Property Securities Act 2009 (Cth) (PPSA) space have emphasised the importance of registering security interests within the legislative timeframes and also examined the discretionary factors courts will consider in their deliberations over whether extensions of time for registration of security interests should be granted. In particular, in determining […]

Stop thief! Ownership rights and the Personal Property Securities Act

Thinking| 27 Jun 2018

Stop thief! Ownership rights and the Personal Property Securities Act

The decision in Chelliah v NSW Police [2018] NSWSC 557 serves as a reminder that the Personal Property Securities Act 2009 (Cth) (PPSA) is not a panacea for any ownership issues arising. In this case, the purchaser of a vintage Lamborghini purported to register a security interest on the Personal Property Securities Register (PPSR) to […]