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Results: 1-10 of 617

Unsecured Debt Recovery: How to enforce against real property
  • Gadens
  • Australia
  • August 18 2016

A problem often faced by creditors is how to recover unsecured judgment debts. If a debtor owns real property, there is a mechanism available through


PPSA - Curing a defective registration
  • Hall & Wilcox
  • Australia
  • August 17 2016

The importance of security holders accurately registering their interest on the Personal Property Securities Register (PPSR) to create a valid


Breaches of the Code of Banking Practice result in a challenge to the enforcement of a guarantee
  • Corrs Chambers Westgarth
  • Australia
  • July 8 2016

This week’s TGIF considers the most recent decision in a line of cases which hold that the provisions of the Code of Banking Practice may be


A vexed case - Court reigns in vexatious litigant to protect Bank
  • Corrs Chambers Westgarth
  • Australia
  • June 24 2016

This week’s TGIF considers the Federal Court decision of National Australia Bank Ltd v Garrett 2016 FCA 714 in which the Court stepped in to


Timbercorp Investors get second bite
  • Gadens
  • Australia
  • June 21 2016

On 1 June 2016 the Victorian Court of Appeal delivered its judgment in Timbercorp Finance Pty Ltd (In Liquidation) (Timbercorp) v Collins (Collins


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