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    PPSA - Curing a defective registration
    2016-08-17

    The importance of security holders accurately registering their interest on the Personal Property Securities Register (PPSR) to create a valid, enforceable interest is constantly emphasised in commentary and cases. It is accepted that an error in a grantor’s identifier is likely to be fatal to a PPSR registration1, often resulting in a creditor’s unperfected interest vesting in a company upon it entering administration or liquidation. However, a recent decision of the New South Wales Supreme Court illustrates that a defective registration may be cured without losing priority.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Hall & Wilcox, Legal personality, Collateral (finance), Security (finance), Interest, Debt, Ex parte, Personal property, Liquidation, Conveyancing, Secured creditor, Prejudice, Aircraft registration, Securities Act 1933 (USA), Corporations Act 2001 (Australia)
    Authors:
    Katherine Payne
    Location:
    Australia
    Firm:
    Hall & Wilcox
    A vexed case - Court reigns in vexatious litigant to protect Bank
    2016-06-24

    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 invalidate and restrain an improper registration on the PPSR

    BACKGROUND

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Bankruptcy, Security (finance), Personal property, Vexatious litigation, National Australia Bank
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    PPS Leases - Owner of Goods Loses Title to Liquidator of Tenant
    2016-07-01

    The New South Wales Supreme Court case of Forge Group Power Limited (in liquidation) (receivers and managers appointed) v General Electric International Inc [2016] NSWSC 52 provides guidance on the following issues in relation to the Personal Property Securities Act 2009 (Cth) (the PPSR):

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Real Estate, Broadley Rees Hogan, Personal property, General Electric
    Authors:
    Robert Lyons
    Location:
    Australia
    Firm:
    Broadley Rees Hogan
    How the PPSA can cause you to lose your construction equipment
    2015-07-29

    You can lose your equipment by failing to register your interests on the Personal Property Securities Register (PPSR).

    Failing to consider the impact of the Personal Property Securities Act 2009 (PPSA) is still having dramatic adverse implications for many construction industry participants. 

    Filed under:
    Australia, Banking, Construction, Insolvency & Restructuring, McInnes Wilson Lawyers, Personal property
    Authors:
    Michael Batch , Chris Hargreaves
    Location:
    Australia
    Firm:
    McInnes Wilson Lawyers
    SOS: how to save your security after an insolvency event when there has been a failure to register
    2015-03-20

    It is a well understood legal requirement that any time security is granted, it needs to be registered. Failure to register collateral granted as security according to the requirements of the Personal Property Securities Act 2009 (Cth) can result in the property vesting in the company in administration or liquidation. However in certain circumstances the court may make an order extending the time for registration, even after an insolvency event in respect of the grantor.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Piper Alderman, Personal property, Liquidation
    Location:
    Australia
    Firm:
    Piper Alderman
    Vesting of unperfected security interests
    2014-06-11

    The decision in White & Anor v Spiers Earthworks Pty Ltd (SE) & Anor has examined the vesting provisions contained within the Personal Property Securities Act 2009 (Cth) (PPSA) and confirmed their effect where one party asserts to have an unperfected Security Interest at the time of an event of insolvency according to section 267 (2) of the PPSA.

    Background

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, McInnes Wilson Lawyers, Personal property, Vesting
    Authors:
    Jordan Bennie , Alicia Hill
    Location:
    Australia
    Firm:
    McInnes Wilson Lawyers
    Beware parting with possession of PPS assets
    2014-05-15

    A recent decision of the Supreme Court of Western Australia highlights the importance of properly registering security interests under the Personal Property Securities Act 2009 (Cth) (the Act).

    Filed under:
    Australia, Western Australia, Banking, Insolvency & Restructuring, Litigation, Addisons, Personal property
    Authors:
    Nicole Tyson
    Location:
    Australia
    Firm:
    Addisons
    Are your terms of trade documents PPSA effective? Update your terms of trade documents and register on the personal property securities register or risk losing your assets
    2014-04-10

    If your terms of trade documents don’t have the correct provisions, you can lose goods supplied to a customer that becomes insolvent, even though you may have title to the goods.

    A recent Supreme Court decision highlights the need for retention of title suppliers to have adequate terms of trade documents and to register security interests on the Personal Property Securities Register (PPSR) to avoid losing assets if a customer becomes insolvent.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Cooper Grace Ward, Security (finance), Personal property, Title retention clause, Privacy Act 1988 (Australia)
    Location:
    Australia
    Firm:
    Cooper Grace Ward
    Personal Property Securities Act: final chance to preserve priority of transitional security interests
    2014-01-10

    The two year transitional period under the Personal Property Securities Act 2009 (PPSA) ends on 31 January 2014.  After this date, any remaining transitional security interests (TSIs) that have not been registered on the Personal Property Securities Register (PPSR) will no longer have their pre-PPSA priority, which could result in a secured party losing priority to other secured creditors or losing its interest in the secured property altogether if the grantor becomes bankrupt (if an individual) or is placed into administration or liquidation (if a company).

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Baker McKenzie, Personal property, Title retention clause
    Location:
    Australia
    Firm:
    Baker McKenzie
    A brave new world for businesses that lease or hire personal property
    2013-06-25

    The Personal Property Securities Act 2009 (Cth) (PPSA) came into effect on 30 January 2012 and has introduced major changes for businesses that lease or hire personal property. If you lease or hire personal property it is vital that you understand how the PPSA affects your business, including what additional steps you need to take to protect your property and the consequences for not doing so, especially as the PPSA’s transitional provisions will end shortly.

    What does the PPSA mean for your business?

    Filed under:
    Australia, Asset Finance, Banking, Insolvency & Restructuring, Real Estate, HopgoodGanim, Personal property
    Authors:
    Paul Cullen
    Location:
    Australia
    Firm:
    HopgoodGanim

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