Is your business protected?

Commercial Directions

Do your commercial dealings involve:

  • Hire purchase agreements?
  • Equipment leases?
  • Consignments?
  • Conditional sale contracts?
  • Retention of title arrangements?
  • Chattel mortgages?

For many businesses, security interests such as those listed above lie at the heart of contractual relations with suppliers, customers and end-users.

As of 30 January 2012, Australia’s new centralised personal property securities register commenced operation.

Although there is a transitional period for security interests in existence prior to 30 January 2012, there is no such temporary protection for security interests arising after implementation. With the new regime now operational, we urge businesses to immediately audit their internal practices and commercial documents to ensure preservation of their security interests.

One particular fundamental change that will have widespread impact on commercial transactions is the shift away from a system of title to one of registration for retention of title arrangements.

It will therefore be essential that your internal processes are updated in order to ensure your compliance with both the legislation and the registration process.


Related Articles

Planning law update – Central built city form review – Amendment C270

Commercial Directions

The Victorian Minister for Planning announced the Government’s Built City Form Review in September 2015. At the same time, it introduced…

Continue reading

NSW COURT OF APPEAL CONFIRMS REDUCED SCOPE TO CHALLENGE AN ADJUDICATOR’S DETERMINATION

Commercial Directions

Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2) [2016] NSWCA 379 Moray & Agnew acted for the…

Continue reading

Owners corporations and the struggle of short term leasing


‘Short term leasing’ does not always carry a positive connotation. For many apartment owners, the term conjures thoughts of an increased…

Continue reading