Jackson McDonald publications


  • 23 February 2015

    Spotlight on PPSA ss 164 and 165 – Defects in registrations

    Highlighting the significance of defects in registrations on the PPSR is the recent case of In the matter of Transurban CCT Pty Limited and Transurban CCT Nominees Pty Limited in its own capacity and as Trustee of the Transurban CCT Trust [2014] NSWSC 1909 (Transurban). 

    Download PDF 46KB

    Author: Hilary Hunt

  • 17 February 2015

    Foreign investment in agricultural land: Reduction in FIRB notification threshold

    The Commonwealth Government announced on 11 February 2015 a significant reduction in the monetary threshold that applies to the purchase of agricultural land by foreign persons.

    This change will significantly increase the number of foreign persons requiring FIRB approval prior to acquiring an interest in agricultural land.

    LINK 39KB

    Authors: Ryan Chorley, Simon Moen

  • 13 February 2015

    Time to review your securities trading policy

    ASX has recently updated its guidance note regarding trading policies.  The updated guidance highlights the risks to listed entities where trading by directors and other key personnel results in speculation that the trading was motivated by insider knowledge of an impending announcement.  Market criticism and public perception of inappropriate trading can impact reputations and have business and legal repercussions irrespective of any actual breach of insider trading laws.

    LINK 38KB

    Author: Will Moncrieff

  • 9 February 2015

    The importance of virtue – no priority for wrongful dismissal claims.

    The importance of virtue – no priority for wrongful dismissal claims.

    Does a claim for damages for wrongful dismissal constitute a “retrenchment payment” under s.556(1)(h) of the Corporations Act 2001 (Cth)?  In its December 2014 decision in Schmitt v Carter, the Federal Court held that such a claim is not a retrenchment payment and, accordingly, the creditor did not have a priority claim.

    LINK 40KB

    Author: Victoria Butler

  • 1 February 2015

    Spotlight on PPSA section 62

    How well do you know the PMSI priority rule?
    Under the Personal Property Securities Act 2009 (Cth) (PPSA), a purchase money security interest (PMSI) has the benefit of a super-priority if the PMSI is perfected in accordance with the PPSA. This means the PMSI will have priority over the collateral to which it relates even if a prior perfected security interest attaches to the same collateral. 

    LINK 46KB

    Author: Hilary Hunt

  • 7 December 2014

    PPSA Frontline - Spotlight on PPSA section 13(2)(c)

    Did you know that most leases of goods as part of a lease of residential premises are excluded from the PPSA even if the lease is for a term of more than one year?

    LINK 46KB

    Author: Hilary Hunt

  • 3 December 2014

    Government’s response to the review of the Liquor Control Act 1988


    In 2012, the Government established an independent committee to undertake a review of the Liquor Control Act 1988 (Act) and Liquor Control Regulations 1989 (Regulations).   The review was presented to the Minister in January 2014 and contained 141 recommendations.

    On 18 November 2014, the Government responded to each of the Committee’s recommendations.  Below is a summary of the major amendments that the Government proposes to make to the Act and Regulations.

    LINK 42 KB

    Author: Richard Sandover

  • 24 November 2014

    Tax Legislation Amendment Bill 2014 (WA)

    Narrowing the Net – Limiting Access to State Concessions and Exemptions for Some Charities

    On 26 June 2014, the State Government of Western Australia introduced the Tax Legislation Amendment Bill 2014 (WA) (Bill).

    Broadly, the amendments contained in the Bill seek to narrow the scope of the existing payroll tax, transfer duty and land tax exemptions as they apply to “fourth limb charities” (i.e. organisations that promote other purposes considered beneficial to the community).

    LINK 37KB

    Author: David Murphy

  • 20 November 2014

    Seminar Summary: The Impact of the ANZ Banking Fees Cases on Commercial Contract Clauses

    On 28 October 2014, Jackson McDonald was honoured to host a presentation on the recent ANZ banking fees cases by keynote speaker, William Edwards, who is a barrister and one of the counsel on the Paciocco v ANZ case.

    Discussion was focused on the changes to the law against penalties that came from the banking fees cases. A number of key issues were canvassed in the subsequent panel discussion, including the implications of the cases on other types of commercial contracts in the energy, mining and construction industries.

    Download PDF 287KB

    Authors: Thomas Jacobs, Darren Pratt, Hamish Taylor

  • 12 November 2014

    Red Tape Reduced for Employee Incentive Schemes

    ASIC has recently expanded its regulatory relief to a wider range of employee incentive schemes.  ASIC has released two new class orders on employee incentive schemes – one for listed bodies and the other for unlisted bodies.  These class orders expand the types of financial products that can be offered under employee incentive schemes, broaden the categories of persons that can participate in a scheme and allow greater flexibility to structure schemes.

    LINK 59

    Author: Will Moncrieff