Latest thinking

Thinking| 05 Dec 2019

A timely reminder: extensions of time for registration under PPSA

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Thinking| 11 Dec 2018

Corporate trustees and ipso facto reforms

The Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) (Act) introduced new laws which operate to stay the enforcement of ipso facto clauses that are triggered upon a company suffering an insolvency event. These new laws come into effect for ...

Thinking| 17 Jul 2018

Extensions of time for registration under PPSA

Several decisions handed down in the Personal Property Securities Act 2009 (Cth) (PPSA) space have emphasised the importance of registering security interests within the legislative timeframes and also examined the discretionary factors courts will consider in their deliberations over whether extensions ...

Thinking| 27 Jun 2018

Stop thief! Ownership rights and the Personal Property Securities Act

The decision in Chelliah v NSW Police [2018] NSWSC 557 serves as a reminder that the Personal Property Securities Act 2009 (Cth) (PPSA) is not a panacea for any ownership issues arising. In this case, the purchaser of a vintage Lamborghini purported to ...

Thinking| 09 Aug 2017

Unperfected security interest – Lessee’s administrator successfully resists landlord’s PPSA claims over plant and equipment

In the judgment of Flown Pty Ltd (Administrators Appointed) v Goldrange Pty Ltd & Another, a lessee’s administrator successfully resisted a landlord’s claim to possession of plant and equipment located at the leased trading premises as security for ...