Insolvency

Stopping sham PPSR Registrations – again, and again

The PPSR is Ripe for abuse One of the weaknesses of the Personal Property Security Register…
A QUESTIONABLE PRACTICE: PPS vesting provisions on appointment do not extinguish a financier’s perfected interest in leased equipment on the PPSR.

This post deals with the extent to which a financier’s security interest is really affected by…
PPS Leases explained, what is Regularly Engaged in the Leasing of Goods and what is a PPSA Fixture?

The courts continue to hammer out the meaning of various basic provisions of the PPSA. The…
Court Injuncts Sham PPSR Registrations

Sandhurst Golf Estates Pty Ltd v Coppersmith Pty Ltd [2014] VSC 217 Initial registration of…
When is a defect in a PPSR registration fatal? A defect in the ACN of the secured party not misleading

Case Note – Future Revelation Ltd v Medica Radiology & Nuclear Medicine Pty Ltd [2013] NSWSC…
What a difference a day makes – When does the relation back period start?

Re Weston Application; Employers Mutual Indemnity (Workers Compensation) Ltd v Omni Corporation Pty Ltd [2009] NSWSC 264…
Setting aside a statutory demand – Another useful summary of the law

Last year I added a post (see http://wp.me/p1UOHK-5y) referring to a clear, brief summary of the…
As expected: Court finds against unregistered lessor in PPSA fight

The Supreme Court of NSW has decided a PPSA priority contest against the owner of leased…
Clear, brief statement of Court’s approach to applications to set aside a demand

A recent decision of Justice Ferguson of the Supreme Court of Victoria is worth reading by…
Unit Trusts can expose personal assets in bankruptcy

Most business people know that they should shelter their assets by keeping them out of their…
Warning: a statutory demand for part of a debt will be set aside

Imagine this very common scenario. Before attempting to recover a debt, a creditor learns of circumstances…
Warning to lawyers and creditors serving Bankruptcy Notices: No direct evidence of posting? No effective service.

This is a warning to creditors (and lawyers acting for them) who don’t have direct evidence…