While Australia ranks highly on ease of doing business, it ranks poorly on ease of international trade. Exporters can face issues with import compliance, disputes with purchasers and obtaining payment.
Import compliance - Compliance may seem simple as a license is generally not required to export goods to, or import goods into, Australia. However, non-compliance with Australian laws can see goods seized and heavy fines imposed. One instance of non-compliance can result in continued compliance intervention by the Australian Border Force, ruining supply chains. We advise importers on:
Restricted imports such as therapeutic goods, chemicals and alcohols subject to maturation requirements.
Supply chain disputes - Government regulation is not the only issue for exporters. Disputes can often between parties in the supply chain. However, the resolution of those disputes can become much more difficult where the contracting parties are in different countries. Exporters face the problem that an Australian customer may feel untouchable due to the supplier being in a different legal system. The disadvantages faced by the exporter are increased if it does not take advantage of the protections offered to suppliers by the Australian legal system. An Australian based lawyer can make a big difference in the mindset of the Australian customer resisting payment.
PPSR Registration - A key protection for unpaid supplier is the ability to register their interest in goods on the Australian Personal Property Security Register (PPSR). Registering your interest on the PPSR can give you priority rights over other parties that may have an interest in the goods, such as finance companies and subsequent purchasers of the goods.
If you do not register your interest, you may find that other parties have registered rights which override your unregistered interest. As a exporter unfamiliar with the Australian system, registration on the PPSR may seem complex. We can register your interests and give you the skills to self-register your interest in future transactions.
Agreements with Australian customers – We represent exporters in contractual negotiations with Australian companies. The types of agreements we assist with are manufacturing agreements, agency agreements, distribution agreements, intellectual property and license agreements and agreements for the supply of services. We pay careful attention to the dispute resolution mechanism and the governing law.
Debt recovery and disputes with Australian buyers – Sometimes the difference between a buyer ignoring your payment demands and making payment is a letter from an Australian lawyer. With an Australian lawyer involved the Australian customer will feel that there could be a consequence for non-payment. We can help by:
determining whether you have a right to payment under Australian law
issuing demands to the Australian customer
attending mediation with the Australian customer
commencing a Court proceeding (suing) the Australian customer