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Results: 1-10 of 575

Retention of title and the PPSA: a high steaks issue
  • Clayton Utz
  • Australia
  • May 26 2016

The registration of security interests on the Personal Property Securities Register (PPSR) is a critical, yet unresolved, issue in the context of the


Are communications between receivers and liquidators privileged?
  • Hall & Wilcox
  • Australia
  • April 18 2016

The decision in Re Forge Group Construction Pty Ltd (in liq) (Receivers and Managers appointed); ex parte Jones No 2 2016 WASC 87 confirms that


Think you're not "regularly engaged in the business of leasing"? Think again, says new PPSA decision
  • Clayton Utz
  • Australia
  • March 31 2016

Companies that have leasing as a small and irregular part of their overall business still must comply with the PPSA if their interests in leased


The importance of registering your security interest, particularly in Australia
  • Buddle Findlay
  • Australia, New Zealand
  • March 31 2016

In March 2013, four portable gas turbines worth about AU$50m had been leased to Forge Group Power Pty Ltd (Forge) by GE International Inc (GE) as


Guaranteed certainty: creditors not required to exhaust remedies against a debtor before seeking to enforce a guarantee
  • Corrs Chambers Westgarth
  • Australia
  • March 11 2016

Rahan Constructions Pty Ltd (Rahan) was contracted to undertake commercial construction and other works in about April 2012. On or about this date


PPSA vesting rules: The Forge awakens
  • Gadens
  • Australia
  • February 15 2016

By its much anticipated yet hardly surprising judgment in Forge Group Power Pty Limited (in liquidation)(receivers and managers appointed) v General


Does a breach of clause 25.1 of the code of banking practice render a guarantee void? It appears not
  • Corrs Chambers Westgarth
  • Australia
  • February 12 2016

A bank lent money to a family company, which was secured by personal guarantees provided by the applicants. The loan fell into default and the bank


Secured creditors and unfair preference claims - appeal allowed from Tap Inn decision
  • Hall & Wilcox
  • Australia
  • December 23 2015

On 1 December 2015, we wrote about the decision of His Honour Judge Chivell of the District Court of South Australia in Matthews v The Tap Inn Pty


Secured creditors exposed to unfair preference claims: when a secured creditor is not a secured creditor
  • Hall & Wilcox
  • Australia
  • December 1 2015

With the introduction of the unfair preference regime in the Corporations Act 2001, a short provision was included which stated:“ a secured debt is


Lulled into a false sense of security - potential exposure of secured creditors to unfair preference claims
  • Johnson Winter & Slattery
  • Australia
  • November 19 2015

On 14 July 2015, the South Australian District Court in Matthews v The Tap Inn Pty Ltd 2015 SADC 108 handed down a decision whose underlying