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Bayston Group

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What interests us

PPSR fails creditors. How secure is your personal property?

When the Hastie Group Limited went into administration a few months ago it had $6.4 million in plant and equipment. Administrators faced 995 registered interests over this equipment on the Personal Properties Securities Register (“PPSR”). Administrators had trouble identifying which security interests related to which items because of the vague language used on the register. […]

Legal Professional Privilege

At Bayston Group we focus on preventative law, doing whatever we can to help our clients resolve disputes without costly litigation. Of course, sometimes clients do end up in court. When this happens documents relevant to the subject matter of litigation must be made available to the other side. One exception to this is documents […]

Plain Jane – cigarette packaging loses its edge

The High Court has upheld a law that will make cigarette packaging as unglamorous as possible. The Tobacco Plain Packaging Act, forces cigarette companies to remove brand colours and logos from packaging. From December 1, cigarette packaging will be a generic olive green slapped with graphic health warnings. Five tobacco giants including British American Tobacco […]

Play Nice – Good Faith in Australian Contract Law

Courts in the USA and UK impose the duty to act “in good faith” on parties entering commercial contracts. “Good faith” is an obligation to “play nice.” Both parties must cooperate to fulfil the objectives of the contract and behave with honesty and integrity.   In Renard Constructions v Minister for Public Works, a contract between […]

iiNet vs the Movie Studios

As technology propels us deeper into the digital age, giving us access to seemingly unlimited content from all over the world, the law is struggling to keep up. In an attempt to drag the law into new territory, Village Roadshow, Warner Brothers, Disney and a number of other film and TV studios, launched an attack […]

The Clean Energy Act

Summary The Carbon Tax will come into effect on the 1st of July 2012. The tax is designed to reduce greenhouse gas emissions by placing a price on the amount of pollution released by the biggest polluters in Australia. Who will have to pay the tax? The Clean Energy Regulator will name companies who meet […]

Personal Property Securities Reform Update

At their meeting on Sunday 13 February, the Council of Australian Governments (COAG) agreed to defer the commencement date for Personal Property Securities reform to October 2011 (from the original deadline of May 2011). The Personal Property Securities (Corporations and Other Amendments) Bill 2011 was introduced in Parliament on 23 February 2011. The Bill is […]

New, simpler Australian business names registration

Australia is on the verge of having a national online registration process for Australian Business Numbers (ABNs) and business names, including trademark searching. An Exposure Draft of the Business Names Registration Act 2011 was released for comment this week. This means that businesses no longer have to register its business name in every State and […]

Director’s Duties – a summary

Director’s duties are a series of statutory, common law and equitable obligations owed by directors to their company. These duties are a recognition that at times the interests of individual directors may diverge from those of the company and seek to ensure that director’s act with care and loyalty to the company. Director’s duties form […]

Uniform Consumer Laws

From 1 January 2011, Australia will have a single, consumer law: the Australian Consumer Law (ACL). The ACL will be a schedule to the Competition and Consumer Act 2010. This Act replaces the Trade Practices Act 1974. The new laws replace 17 National and State consumer laws and are regulated by the Australian Competition and […]