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Searching Content indexed under Securities by Corrs Chambers Westgarth ordered by Published Date Descending.
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1
TGIF 5 July 2019: If you seek security for costs, best make sure your case is secure first
This case serves as a reminder that a funded liquidator and insolvent plaintiff may not justify an order for security.
Australia
9 Jul 2019
2
Parent company guarantees cannot circumvent arbitration because they are not as good as cash
When drafting security that is to be as good as cash, ensure that purpose & intent are clear on the face of the agreement.
Australia
11 Jun 2019
3
The super priority of Authorised Deposit-taking Institutions (ADIs) under the PPSA regime
The ADI's unregistered security interest was protected over the registered security interest of a secured creditor.
Australia
21 Feb 2019
4
s62 PPSA: AllPAAP punctured: PMSI triumph over Kawasaki motorcycles — Allied Distribution Finance Pty Ltd v Samwise Holdings Pty Ltd
Recent SA SC decision involved a priority contest that turned on the construction of s62 Personal Property Securities Act.
Australia
15 May 2018
5
Gogetta security, but no priority: The importance of the conduct of a lender in determining who has the better equity
Article considers a recent case which examined a priority contest between competing equitable interests in property.
Australia
8 May 2018
6
Is a non-circulating security interest really non-circulating? Lessons from Re Amerind
The case has useful implications for secured creditors and insolvency practitioners called upon to adjudicate on claims.
Australia
24 Mar 2018
7
ALL-PAAP punctured: PMSI triumph over Kawasaki motorcycles
This decision turned on the construction of section 62 of the PPSA and the reference to a grantor obtaining possession.
Australia
15 Dec 2017
8
ICOs are everywhere and nowhere: How do you regulate a blockchain?
ICO opportunities are vast and the law will need to get back to basics to make sure issuers deal fairly with investors.
Australia
7 Nov 2017
9
Receivers cannot perfect a security interest
The Federal Court recently considered whether a security interest could be perfected by the appointment of receivers.
Australia
4 Sep 2017
10
Security for costs and property of the company – What is available in the winding up?
The case discusses rights of a liquidator to funds paid into court as security by a company which then became insolvent.
Australia
15 Aug 2017
11
Extensions of time to register PMSIs under the PPSA: It is a lack of prejudice universally acknowledged
Onus of proof shifts to other secured parties to demonstrate prejudice or reliance to defeat the extension application.
Australia
18 Jul 2017
12
What is the Collateral damage in a security agreement?
The court considered whether real property acquired after the execution of the agreement formed part of the collateral.
Australia
10 Jul 2017
13
A commercial solution to a re-vesting problem
The Court considered the potential prejudice to creditors in extending the time for registration of security interests.
Australia
20 Jun 2017
14
To err is human – NSW Supreme Court lets financier fix 200-plus flawed PPSA registrations
A review of your PPSA registrations may uncover defects and errors that could compromise your statutory priorities.
Australia
2 May 2017
15
Not so perfect solution - Court relief sought to avoid automatic vesting of security interest
Administrators should be mindful of making an application for an order to avoid automatic vesting of a security interest.
Australia
10 Apr 2017
16
ABN but no ACN? Your PPSA registration may be defective
We considers In the matter of OneSteel Manufacturing Pty Limited (administrators appointed) [2017] NSWSC 21.
Australia
5 Mar 2017
17
Insider Trading: What can we learn from Australia's first corporate penalty?
An Australian court has determined the civil penalty for a corporation's breach of the law against insider trading.
Australia
23 Dec 2016
18
Court of Appeal clarifies restrictions in responsible entity voting
While there are many similarities between companies and managed investment funds, in some ways they are very different.
Australia
1 Aug 2016
19
Securities litigation in Australia
Most securities litigation involves a claim for a loss allegedly suffered by a misrepresentation or non-disclosure.
Australia
21 Jun 2016
20
A retention of title clause was considered a security, defeating the liquidators' unfair preference claim
The Court was willing to accept that traditional ROT arrangements amounted to security in respect of the underlying debt.
Australia
31 May 2016
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