Latest thinking

Thinking| 05 Dec 2019

A timely reminder: extensions of time for registration under PPSA

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Thinking| 12 Sep 2019

A timely reminder: extensions of time for registration under PPSA

The decisions of In the matter of Assta Labels Pty Ltd [2018] NSWSC 1094 (Assta), In the matter of Psyche Holdings Pty Limited [2018] NSWSC 1254 (Psyche and, In the matter of Highlake Resources Pty Ltd [2018] FCA 1292 (Highlake) have added clarity to the factors ...

Thinking| 10 Jul 2019

High Court provides certainty for corporate trustees: Amerind

On 19 June 2019, the High Court delivered its judgment in one of the most hotly anticipated insolvency judgments this year, the Amerind appeal: Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth.1 The High Court unanimously dismissed the appeal, upholding ...

Thinking| 04 Feb 2019

Hip hip hooray, PPSR! But it may be time to renew your PPSR registration

The Personal Property Securities Register (PPSR), established on 30 January 2012, has celebrated its seventh birthday. The PPSR is a comprehensive national register of all security interests in personal property in Australia. While birthdays are a time for celebration, this seventh birthday ...

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 ...