Retention of title clauses under the Personal Property Securities Act

In Central Cleaning Supplies (Aust) Pty Ltd v Elkerton [2015] VSC 92, the Victorian Court of Appeal upheld an appeal and confirmed that a supplier was protected by the transitional provisions under the Personal Property Securities Act 2009 (Cth) (PPSA).

The matter highlights the need to review supply agreements and register any security interests under the PPSA. (more…)

Agreements – A first among equals

We recently advised a client on the importance of entering into written, enforceable agreements with its customers.

Our international client had supplied stock over a number of years to an Australian-based customer.  However, our client’s written supply agreement was entered into with a ‘group of companies’, described here in generic terms as follows (the ABC Group) and not with an actual legal entity, being either an individual or a company with an Australian Company Number (ACN). (more…)