Landlords beware! Lease security deposit and the PPSA
Property leases commonly include provisions that require the tenant to provide some form of security deposit or bond (Security Deposit). The Security Deposit (being “personal property” under the under the Personal Property Securities Act 2009 (Cth) (PPSA)) is used to secure performance of the tenant’s obligations under the lease. This creates a “security interest” for…
Changes to laws governing incorporated associations
Western Australian incorporated associations will be subject to new laws from 1 July 2016. The new laws aim to provide incorporated associations with a clearer framework in which to operate. A notable change will be the introduction of a three tier structure for annual reporting and assurance obligations based on the size of the incorporated…
New protection for small business when dealing with “The Big End of Town”
Small businesses can be particularly exposed to unfair contractual terms when dealing with the big end of town. New laws offering protection to small businesses against unfair contract terms will come into force on 12 November 2016. The proposed laws will deem unfair contractual terms to be void if, at the time of entering into a “standard…
Involved in an online business – are you aware of your obligations?
Online businesses are subject to a comprehensive legal framework. Key factors that all businesses should consider when selling goods and services online include: Be aware of your consumer law obligations. Broadly, laws which apply to face to face dealings equally apply to online transactions. There are numerous rules which apply to the marketing of your…
Innovation focus results in a win for startups
“Right now in Australia, start-ups and small businesses can’t actively access retail investors due to significant upfront and ongoing compliance costs and red tape” This was the statement made by Small Business Minister Kelly O’Dwyer in announcing proposed changes to rules around equity crowd funding. At present, equity crowd funding in Australia is limited to “wholesale…