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    PPSR seven year registrations: time to renew?
    2019-01-08

    The Personal Properties Securities Register (PPSR) will be seven years old on 30 January 2019; accordingly, security interests with seven year registration periods will, unless renewed, expire from 30 January 2019.

    The seven year security interest is the most common registration period and is the maximum period of registration for goods with a serial number (such as motor vehicles). According to the Australian Financial Security Authority, an estimated 115,239 registrations will expire in January 2019.

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Cooper Grace Ward
    Authors:
    Andrew Corkhill , Clinton Jackson , Charles Sweeney
    Location:
    Australia
    Firm:
    Cooper Grace Ward
    Some PPSA registrations are about to expire ‒ Don't get caught out
    2019-01-08

    30 January 2019 marks the seventh anniversary of when the Personal Property Securities Act 2009 (Cth) started to apply and, as registrations against serial numbers and/or consumer property can only have a duration of 7 years, that means those types of registrations (if made in 2012) will expire automatically this year unless they are renewed.

    If you have made registrations on the PPS register that are for a period of 7 years (or less):

    Filed under:
    Australia, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Clayton Utz
    Authors:
    Graeme Tucker , Alan Maguire , Greta Burkett , Dan Fitts , Paul Cullen
    Location:
    Australia
    Firm:
    Clayton Utz
    Related company insolvency can affect ability to maintain Queensland builder’s licence
    2018-10-29

    A recent Supreme Court of Queensland decision as to what constitutes a ‘’construction company’’ under the QBCC Act brings consequences for construction groups who undertake works under different State entities.

    Partner, Ted Williams, and Senior Associate, Gemma Twemlow, review the decision and what it means for construction companies.

    Filed under:
    Australia, Queensland, Construction, Insolvency & Restructuring, Litigation, Piper Alderman, Queensland Supreme Court
    Location:
    Australia
    Firm:
    Piper Alderman
    Distribution of trust assets under a DOCA: the latest guidance from the Federal Court
    2018-10-30

    The Federal Court has confirmed that there is no difference between liquidation and deed administration of a corporate trustee in relation to dealings with trust assets and the distribution of proceeds of those assets for the benefit of creditors.

    Background

    Manpak operated as the trustee for the MP Unit Trust, which carried on the business of a product wholesaler. Under the Trust Deed, Manpak would be disqualified from holding office if it suffered an Event of Default, which included the appointment of an administrator.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Corporations Act 2001 (Australia)
    Authors:
    Pravin Aathreya
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Perception is paramount: Administrator denied appointment as liquidator
    2018-11-02

    This week’s TGIF article looks at the decision of Hooke v Bux Global Ltd (No 6) [2018] FCA 1545, where Bux Global Ltd (Bux Global) was wound up on just and equitable grounds and the perceived independence of a director-appointed liquidator was questioned.

    Background

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Liquidation
    Authors:
    Cameron Cheetham , Craig Ensor , Mark Wilks , Michael Kimmins , Kirsty Sutherland , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Australia: The new “Ipso Facto” prohibition in the Corporations Act applicable to corporate insolvency
    2018-11-07

    Ipso facto clauses An ipso facto clause is a contractual provision that allows one party to the contract to terminate or modify the operation of the contract upon the occurrence of a specified insolvency related event (such as the appointment of an administrator, receiver or liquidator) in respect of another party.

    Filed under:
    Australia, Insolvency & Restructuring, Baker McKenzie
    Location:
    Australia
    Firm:
    Baker McKenzie
    Major projects & construction: 5 Minute Fix 23
    2018-11-08

    Get your 5 Minute Fix of major projects and construction news. This issue: discover the latest cladding developments; resources construction work now caught by WA training levy; mind the gap: public transport at the urban fringe; avoid slip-ups in your payment schedule; and the availability of insolvency processes under the Corporations Act 2001 for recovering SOP debts.

    Cladding update ‒ NSW

    Filed under:
    Australia, Arbitration & ADR, Construction, Insolvency & Restructuring, Litigation, Clayton Utz, Liquidated damages, Corporations Act 2001 (Australia)
    Authors:
    Sergio Capelli , Frank Bannon , Dale Brackin , Stuart Cosgriff , Philip Dawson , Lina Fischer , Andrew Fry , Naomi Kelly , Steven Klimt , David Lester , Clive Luck , Alan Maguire , Jonathan McTigue , Frazer Moss , Steven Murray , Steve O'Reilly , Joanna Pugsley , John Shirbin , Chris Slocombe
    Location:
    Australia
    Firm:
    Clayton Utz
    Is it possible to save family home from the Trustee in Bankruptcy?
    2018-11-19

    Can the Trustee in Bankruptcy claim an interest in the family home because the bankrupt is living there, even if the bankrupt is not registered on the title as an owner?

    The short answer is yes: if the Trustee can prove a common intention constructive trust.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Cordato Partners, Conveyancing, Constructive trust, Federal Court of Australia, New South Wales Court of Appeal
    Authors:
    Anthony J Cordato
    Location:
    Australia
    Firm:
    Cordato Partners
    Receiver distribution of assets permitted despite objections
    2018-11-26

    The latest decision in the external administration ofMirabela is a reminder of the utility of the section 424 directions process for receivers, and an example of the steps to be taken in the face of competing asset claims.

    The Court directed that the receivers of Mirabela were justified in distributing sale proceeds of approximately US$59.5 million in the face of a third party claim to the proceeds, provided the receivers first gave 21 days’ notice of intent to do so.

    The case is a timely reminder that:

    Filed under:
    Australia, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Corporations Act 2001 (Australia)
    Authors:
    Ben Renfrey
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Insolvency: Year in review
    2018-11-27

    Significant insolvency legislative reforms were introduced in 2017. One year on, we assess what changes, if any, these reforms have had on the insolvency market in Australia.

    The most significant insolvency law reforms in 20 years were introduced in 2017 to improve efficiency, communication, engagement and competition in external administration processes. The reforms were implemented in two tranches pursuant to the Insolvency Law Reform Act 2016 (Cth) (ILRA).

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Holding Redlich, Australian Securities and Investments Commission, Corporations Act 2001 (Australia), New South Wales Supreme Court
    Authors:
    Kim MacKay
    Location:
    Australia
    Firm:
    Holding Redlich

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