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‘OPEN SESAME’, SAYS THE COURT

It is not uncommon for secured creditors to rely on a contractual right to enter a premises for the purposes of seizing collateral, including under a retention of title clause. However, the Supreme Court’s decision is a reminder for secured creditors to consider whether their contractual rights are in compliance with section 123 of the PPS Act and adequately protect them against any grantors’ claims in trespass.
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Unfair Contract Terms

From 12 November 2016, the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 will extend existing protection from unfair terms under the Competition and Consumer Act 2010 and the Australian Securities Investment Commission Act 2001 to small businesses that enter into (or renew, or vary) small business contracts that are standard form contracts.

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