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Thinking| 11 Dec 2018
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 contracts entered into on or after 1 July 2018. An ipso facto […]
Thinking| 17 Jul 2018
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 of time for registration of security interests should be granted. In particular, in determining […]
Thinking| 27 Jun 2018
The decision in Chelliah v NSW Police  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 register a security interest on the Personal Property Securities Register (PPSR) to […]
Thinking| 15 Feb 2016
The dispute arose out of the installation at a site south of Port Hedland, Western Australia, of four mobile gas turbine generator sets (Turbines) as part of a temporary power station established by Regional Power Corporation...
Thinking| 01 Dec 2015
With the introduction of the unfair preference regime in the Corporations Act 2001, a short provision was included...