Insights

Powers of attorney and step-in rights as security interests?

The status of power of attorney clauses and “step-in rights” provisions under the Personal Property Securities Act 2009 (Cth) (PPSA) remains an issue.

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Review 2019

With significant regulatory change coming into effect the spotlight is staying firmly on culture, ethics and regulatory compliance. An organisation’s social licence to operate remains a priority...

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PMSI refinancing – make sure you protect your interests!

When refinancing inventory, gaining 'super priority' for a purchase money security interest (PMSI) over existing general security interests is paramount to protecting the investment made by the...

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Set-off rights miss the mark!

A recent court decision is a timely reminder of the limitations that can affect a person’s ability to rely on set-off rights when a debtor or contract counterparty becomes insolvent.

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PPSR registration – Route [1]66 now closed

The New South Wales Supreme Court has found that a secured party can't rely on its own mistake when registering on the PPSR to claim that the defective registration “temporarily perfects” its...

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PPSR registration – near enough is not good enough!

A recent decision in the Supreme Court of New South Wales has clarified the circumstances in which a registration on the PPSR will be ineffective and the consequences that can flow from this.

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Acumen July 2016

Legal issues from July 2016.

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Hints for using the PPSR

The Personal Property Securities Act (PPSA) and Personal Property Securities Register (PPSR) took effect on 30 January 2012. The PPSA and PPSR have replaced a large number of Commonwealth, State...

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Directors take note: penalty notices to cover more company debts

On 5 July 2011, the Federal Government released the Tax Laws Amendment (2011 Measures No. 7) Bill 2011: companies' non-compliance with PAYG withholding and superannuation guarantee obligations (the

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Goodridge appeal - legal principles governing assignment and novation of contracts

The recent decision of the full bench of the Federal Court in Leveraged Equities Ltd v Goodridge1 has unanimously overturned the contentious first instance decision of Rares J2 and, in doing so...

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Goodridge v Leveraged Equities Limited: application for special leave to appeal

Mr Goodridge has lodged an application for special leave to appeal to the High Court in respect of the Full Federal Court's decision in Leveraged Equities Limited v

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Goodridge v Leveraged Equities Limited: Full Federal Court decision

The recent decision of the full bench of the Federal Court in Leveraged Equities Ltd v Goodridge1 has unanimously overturned the contentious first instance decision of Rares J2 and, in doing so...

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Octaviar: Welcome return to normality

On 1 September 2010 the High Court of Australia handed down its much anticipated decision in the case of Public Trustee of Queensland v Fortress Credit Corp (Aust) 11 Pty Ltd (Octaviar). In a joint...

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Going above and beyond: s 439A report leads to removal of liquidators

In Independent Cement and Lime Pty Ltd v Brick and Block Company Ltd (in liquidation) (receivers & managers appointed) [2010] FCA 352, Justice Finkelstein considered the duty of voluntary...

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