Do you engage owner-drivers in your business? If so, you should be aware of the Victorian Government’s owner-driver legislative scheme, which comprises: Owner Drivers and Forestry Contractors Act 2005 (the Act) Owner Drivers and Forestry Regulations 2006 (Regulations) Owner Drivers and Forestry Contractors Code of Practice (Code of Practice) Why? The Act was enacted in [...]
On 3 September 2014 the Victorian Supreme Court handed down judgment in the matter of William Falkingham v Peninsula Kingswood Golf Club [2014] VSC 47, a proceeding brought by a member of the Peninsula Kingswood Country Golf Club Ltd who was attempting to undo a merger of Kingswood Golf Club Ltd (Kingswood) and Peninsula Country [...]
On 3 September 2014 the Victorian Supreme Court handed down judgment in the matter of William Falkingham v Peninsula Kingswood Golf Club [2014] VSC 47, a proceeding brought by a member of the Peninsula Kingswood Country Golf Club Ltd who was attempting to undo a merger of Kingswood Golf Club Ltd (Kingswood) and Peninsula Country [...]
A creditor’s statutory demand is an effective and compelling method to recover debts owed by a company. Most compelling is the presumption by the Courts of the insolvency of a company if it fails to comply with a statutory demand. This presumption extends for 3 months following the failure by a company to comply with [...]
How We Can Help Navigate the PPSR Maze Many of our clients have been struggling to come to terms with the practical implications the Personal Property Securities Register (PPSR) has on their businesses. As this PPSR Alert demonstrates, issues such as timely registration are paramount to a secured party’s ability to enforce their security interests. [...]
Anyone involved in a family business these days will sooner or later find themselves attending mediation. Nearly all disputes nowadays will go through a mediation process of one sort or another, including the following: Consumer complaints; Landlord/tenant disputes; Franchisor/franchisee disputes; Disputes with suppliers; Disputes with financiers; Planning objections; Building disputes; Disputes between co-owners of a [...]
PPSR Alert - New Zealand case creates possible defence for guarantor if supplier failed to register its retention of title arrangement on PPSR Facts: In Haar v Eastland Tyres Ltd [2013] NZHC 692 an appeal was brought by a former director-shareholder (‘the Director’) of Gisborne Haulage in the New Zealand High Court, following winding up [...]
LODGING CAVEATS OVER PROPERTY WITHOUT A PROPER BASIS Review of Sovereign MF Ltd (in liq.) v EOS Janus Holdings Pty Ltd [2013] VSC 347 Caveats may only be lodged over another person’s property if you have a legal or equitable interest in the property. The effect of the caveat is to give notice to the [...]
