RESOURCES SECTOR AND THE PPSA

The resources sector is not immune from the effects of the PPSA. Joint venture parties may by entering into contractual arrangements and agreeing contractual entitlements, create a security interest where one did not previously exist.

Where a security interest is created, registration of the security interest on the Personal Property Security Register (PPSR) will provide all relevant protection for that interest.

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RESTRAINT ON TERMINATION OF EMPLOYMENT – RECENT EXAMPLES

Post termination restraints may be enforceable where carefully tailored to the specific role accepted by the employee and provided the restraint is not wider than reasonable to protect the employers’ interests.

Recently, courts have upheld post termination restraints as valid in the following circumstances:

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