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    Set Off Clauses In Franchise Agreements: Not As Effective Under The PPSR

    Most franchise agreements contain a ‘set off’ clause allowing the Franchisor to set off any payments it needs to make to the franchisee less any amounts the franchisee owes the franchisor.

    Legislation also exists where liquidators are approached to facilitate this process. However, recent case law shows it is not always possible to rely on a contractual set off clause or statutory processes to reduce any amounts payable.

    Hamersley Iron Pty Ltd and Forge Group Power Pty Ltd (In Liquidation) (Receivers and Managers Appointed) [2017] WASC 152 highlights some of the issues.











    Business Owners: Three Practical PPSR Considerations

    Many businesses have lost millions of dollars in products because they have struggled to adjust to the PPSR regime.

    It is not enough to rely only on clauses in contracts or terms and conditions. The PPSR requires businesses who supply on credit to do more to protect their goods. This article explains the importance of three practical considerations that you need to know to avoid suffering losses.











    Changes To PPS Leases – Confusion Creates Opportunities

    Amendments to the definition of PPS Lease in the Personal Property Securities Act create yet another opportunity for insolvency practitioners to test PPSR registrations for financially distressed businesses.

    This article explains some of the important considerations for insolvency practitioners to remember when reviewing PPSR registrations.











    MST Lawyers involved in 2016/2017 Monash Business Awards

    MST Lawyers was excited to be involved in the Monash Business Awards 2016/2017 Gala Dinner recognising business excellence within the region of the Monash Council. The awards highlighted seven business categories culminating in an overall winner of the business of the year.