Despite the various Government supports that have been implemented since March 2020, Covid-19 has had a devastating impact upon small businesses. Now, more than ever, it is critically important for small businesses to have certainty and…
Should I Get That in Writing?
Business owners will be aware that entering into an agreement is an essential and inevitable part of running any business, no matter what size. Whether it is a contract of sale or an agreement to provide…
Directors Liability for Voidable Transactions
There is no doubt that we are in unprecedented times. The COVID-19 pandemic has presented enormous challenges for businesses, including those that were otherwise profitable and viable businesses. On 24 March 2020, and in response to…
Retention of title clauses: an effective tool in defending preference claims?
Since the Personal Property Securities Act 2009 (PPSA) came into effect on 30 January 2012, we have seen an increase in creditors attempting to establish themselves as ‘secured’ creditors under the Unfair Preference regime, by way…
The Payment Claim Trap
On 17 December 2018, the Building and Construction Industry Payments Act 2004 (Qld) (“the BCIPA”) was replaced by Chapter 3 of the Building Industry Fairness (Security of Payment) Act 2017 (“the BIFSOP”). Payment claims take a…