Entries by Karen Lee

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Are you ready for 30 January 2014 when the PPSA honeymoon period ends?

The Personal Property Securities Act 2009 (Cth) (PPSA) created a new comprehensive national regime for personal property securities in Australia.  The definition of security interest under the PPSA covers “traditional” security interests such as fixed and floating charges over the assets of companies (now known as general security interests) to interests which were not considered […]

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Privacy reform alert

Mandatory data breach notification may soon become a reality First of all, some definitions. Personal information is, in essence, information that identifies a person or could reasonably identify a person; data breach means unauthorised access to, or disclosure of, personal information; and serious data breach means a data breach where there is a real risk of serious harm (including reputational, economic […]

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PPSA definition of a motor vehicle

What is a motor vehicle? The PPS Act definition has just changed – do you understand its impact? The Personal Property Securities Amendment (Motor Vehicles) Regulation 2014 (Cth) was registered on 1 April 2014.  It will commence on 1 July 2014.  The new Regulation narrows the definition of motor vehicle for the purposes of the […]

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ASIC – current and future areas of focus

On 31 July 2014, ASIC released Report 402 that outlines enforcement outcomes it has achieved during the period 1 January 2014 to 30 June 2014.  As Australia’s corporate, markets and financial services regulator, ASIC has the role of identifying and dealing with those who break the law.  ASIC does this through their detect-understand-respond approach: Detect misconduct […]

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What is passing off?

What is passing off?  Revlon’s Mitchum Clinical deodorant v Unilever’s Rexona and Dove deodorants To put simply, passing off is where there is a misrepresentation that a business’ goods or services are those of another business.  Under an action for passing off, protection is given to those who have developed goodwill or reputation.  For a claim of passing off to be […]

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What’s new in cryptocurrencies – ATO guidelines plus more

What is Ripple? Have you heard of Ethereum? What about Auroracoin? The answer – these are cryptocurrencies. The Oxford Dictionary defines “cryptocurrency” as “a digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank”. Perhaps the most […]