Understanding and addressing PPSR issues is crucial in the heavy machinery industry to protect the interests of secured parties.

Contracts are a critical aspect of the heavy equipment industry. When contractual disputes arise, it is important to review the terms of the contract, determine the obligations of each party, the timeline for performance and the consequences for any breaches.

Previously we highlighted some legal issues that commonly arise in relation to heavy machinery. This week we want to address the Australian Consumer Law (ACL), and its applicability to certain heavy machinery disputes. 

At Scoglio Law, over the years we have been involved in numerous disputes regarding heavy machinery (sometimes called heavy equipment) for our clients.

The recent Federal Court case of Coleman v Gannaway [2023] FCA 224 demonstrates the difficulties creditors and their lawyers face when preparing bankruptcy notices and the special care required to ensure they are not defective. 

On 8 February 2023 the High Court has recently handed down two decisions which significantly impact two important legal issues to unfair preference actions.

Company restructuring is becoming an increasingly popular method for companies facing financial difficulty. However, when undertaking a company restructure, it is important you do not fall foul of illegal phoenixing provisions. 

You may have seen in recent news that individuals across Australia are feeling the pressures of increasing interest rates. However, businesses are also feeling the strain. An increase in business collapse is anticipated following the Reserve Bank of Australia’s decision to raise interest rates again by 0.25 per cent with discussion of another two increases.

While the threat of cyber fraud has made headlines in recent years, business owners should remain vigilant as general fraud, such as employee fraud, still exists and is more common than you might think.