A recent case in Victoria has highlighted the perils to be encountered if you fail to register a security interest in personal property on the Personal Property Securities Register (PPSR).

If you are setting up a not-for-profit (NFP) organisation for your sporting club, ex-students association, a charity or not for profit "business", there are a number of considerations to take into account, not least of which is the right type of entity for your purpose. Is it best to be:

• a trust
• an incorporated association
• a public company limited by guarantee, or
• a special purpose private company?

Claims of misleading and deceptive conduct can be brought under s.18 of the Australian Consumer Law. In the recent case of Unilever Australia Ltd v Revlon Australia Pty Ltd (No 2) [2014] FCA 875 the Federal Court the parties claimed that the other's packaging and advertising and marketing campaigns were substantially similar to the point that the new Rexona packaging could cause confusion with the Revlon product.

The recent case of Kaycee Trucking Pty Ltd v M and C Rogers Transport Pty Ltd [2014] QSC 185 in the Supreme Court of Queensland dealt with a payment claim which was held as not valid as it was in relation to two separate contracts.

Intellectual property (IP) is an important part of the asset base of many businesses. It's important to protect this asset, whether you are the holder of a licence to use the intellectual property, or the author of that intellectual property.

If you are the owner or author of IP and you lose "possession" of that IP by granting a licence to use it, you may consider obtaining a "security interest" (like a "mortgage") over that IP until the licence expires.

If you would like to discuss any of these issues or if you require any legal advice or assistance please contact us at Forum Law on +61 2 9560 3388 or email us.