Defence Contractor under Fire in Porn Sackings
Fair Work Australia has ordered the defence contractor Thales Australia Limited (Thales) to reinstate three employees, dismissed for sending pornographic materials on company email, on the grounds of unfair dismissal. Thales said the terminations of employees at their munitions plant were justified because: The employees breached company policy; and The employees were made well aware […]
PARALLEL IMPORTATION – DOUBLE THE TROUBLE
Australian brand owners may take comfort in the recent Appeal decision of Paul’s Retail Pty Limited v Lonsdale Australia Limited [2012] FCAFC 130 in which the full bench of the Federal Court of Australia upheld the decision of the trial judge in confirming that the parallel importation into Australia of apparel bearing the Lonsdale trade […]
PAY NOW OR PAY LATER (Update – 1 July 2014)
UPDATE – 1 July 2014 High Income Threshold and Compensation Cap for Unfair Dismissal Applications – 1 July 2014. The Unfair Dismissal high income threshold is $133,000 and the compensation cap is $66,500. From 1 July 2014 the High Income Threshold increased from $129,300 to $133,000. Employees earning more than $133,000 cannot make unfair dismissal claims unless they are […]
CML Lawyers Develop Major Australian Legal Portal
A vast amount of legal information is available on the Internet. However, until now it has been very difficult to search and access this information quickly and easily. In association with a leading IT and document management supplier, CML Lawyers have developed a solution. LawPORTAL (http://www.lawportal.com.au) is a comprehensive legal portal which tabulates important […]
THE PERSONAL PROPERTIES AND SECURITIES REGISTER
All businesses or individuals that hold, license or own "security interests" – such as a charge, mortgage, or retention of title – over personal property – such as equipment, cars, software or debts – must know the impact of the new Personal Property Securities Act 2009 (PPSA). From 30 January 2012, the Personal Property Securities […]
THE PERSONAL PROPERTIES AND SECURITIES REGISTER – Other Important Changes
OTHER IMPORTANT CHANGES – TRANSITION, ROTs AND IP LICENCES Two Year Transition Period Do not get a false sense of security about the Two Year Transition Period mentioned, A security interest over personal property created before the new Personal Property Security Register started on 13 January 2012 can remain unregistered (until 30 January 2014), but […]
THE PERSONAL PROPERTIES AND SECURITIES REGISTER – PPS REGISTER
REGISTRATION PROCEDURES UNDER THE PERSONAL PROPERTY SECURITIES REGISTER (PPS REGISTER) The PPS Register seeks to cheaply, simply and efficiently provide a new register in which it is possible to both lodge and search for security interests over personal property. The scheme is designed to be easily accessible by the general public. To protect a security […]
THE PERSONAL PROPERTIES AND SECURITIES REGISTER – ROT clauses
RETENTION OF TITLE CLAUSES (ROT clauses) and PPS Register Prior to 30 January 2012, enforceable ROT clauses were not security interests as title did not pass to the buyer until payment was made. The supplier of the goods remained the owner and third parties with security over the buyer’s assets could not claim them. Now […]
THE PERSONAL PROPERTIES AND SECURITIES REGISTER – ACTION ITEMS
ACTION ITEMS Audit security interests – there is no automatic migration of existing interests to the PPS Register. Audit transactions that create security interests under the PPSA, such as supply agreements with ROT clauses. Register security interests on the PPS Register.
THE PERSONAL PROPERTIES AND SECURITIES REGISTER – BUSINESS CHECKLIST
Business Checklist Do you own personal property that could be in someone else's possession for longer than 90 days? Do you consign goods to other people to sell? Do you manufacture and sell goods? Do your conditions of sale state that you retain ownership until you are paid (i.e. retention of title clause)? Do you […]