Insights

Ambitious attempts to perfect the imperfectable

The recent Federal Court decision in Diversa Pty Ltd v Taiping Trustees Limited has highlighted some important risks faced by secured parties who don’t pay attention to the details when perfecting...

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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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Is your security still perfected?

Will your security interest expire on 30 January 2019?

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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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Do you possess what it takes to perfect your PMSI?

Making sense of the purchase money security interest (PMSI) priority provisions in the Personal Property Securities Act 2009 (Cth) (PPSA) can be challenging for financiers and insolvency...

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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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PPS leases get another makeover

Insolvency practitioners will need to consider whether a lease is entered into before or after the commencement of the Amending Act, as this will determine which set of rules apply.

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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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Court of Appeal confirms meaning of “fixtures” under the PPSA

The New South Wales Court of Appeal, in a decision released on 6 February 2017,1 has confirmed that the common law meaning of what is, or is not, a fixture applies under the Personal Property...

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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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Commercially sensitive information - beware of s275, Personal Property Securities Act

The confidentiality of commercially sensitive information can be jeopardised by the operation of s 275 of the PPSA. If any document contains provisions which constitute a "security interest" for the

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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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