21-30 of 41 results

Forge-ing ahead - the treatment of fixtures under the PPSA
Insight 21 Feb 2017

Under the Personal Property Securities Act 2009 (Cth), the Court of Appeal have confirmed that 'fixtures' are to be understood in the same way as at general law and the same common law test applies to determining whether goods affixed to land have become fixtures. ...

Take care! Court confirms the devil in the details for PPSA registrations
Insight 10 Feb 2017

In a recent case a leasing company lost 23 million worth of leased equipment because it had registered the lease against the lessee companys ABN rather than its ACN - involving just two extra digits The equipment vested in the lessee company when it went into voluntary administration The court ...

Trends over the past year in the Australian projects and infrastructure sectors
Insight 08 Feb 2017

A substantial pipeline of both private and public infrastructure projects has attracted a variety of local and offshore project finance providers wishing to gain exposure to returns from these attractive Australian investment opportunities Allens Partners Nick Adkins Scott McCoy and Rob Watt look at ...

Finally - a class action regime for Queensland
Insight 17 Aug 2016

Class actions in Queensland are one step closer with the introduction of proposed new legislation into the Queensland Parliament Partner Michael Ilott Special Counsel Robyn Morrison and Senior Associate Suzie Fraser report ...

Defending unfair preference claims: set-off and security revisited
Insight 26 May 2016

A recent Federal Court decision has highlighted two grounds on which creditors should consider defending unfair preference claims which are brought by liquidators Partner Chris Prestwich and Lawyer Tim Chiang look at a case that deals with what constitutes an unsecured debt and the extent to which ...

Bankruptcy and insolvency law reforms and the innovation agenda
Insight 03 May 2016

The Federal Government has released a Proposals Paper on possible changes to bankruptcy and insolvency laws that will form part of its broader National Innovation and Science Agenda Reform to bankruptcy and insolvency law has been identified as an area that could contribute to changing the culture ...

'Chain of Responsibility' amendments impose new environmental obligations in Queensland
Insight 28 Apr 2016

The Queensland Parliament has passed the Chain of Responsibility Bill with important amendments prior to enactment The amending Act establishes a new regime under the States primary environmental legislation that exposes related bodies corporate executive officers financiers shareholders and a ...

New environmental responsibilities for corporates, officers, financiers and others in Queensland
Insight 16 Mar 2016

The Queensland Government proposes new powers to compel related bodies corporate executive officers financiers and shareholders and a select category of related persons to satisfy the environmental obligations of companies operating in Queensland The Chain of Responsibility concept has been proposed ...

You've got to be perfected - Equipment leasing and the PPSA
Insight 07 Mar 2016

A recent decision of the Supreme Court of New South Wales has again illustrated the potentially severe consequences for lessors of equipment and other goods under the vesting provisions of the Personal Property Securities Act 2009 Cth The lease can be a security interest If the lessors dont perfect ...

High Court decision on retention obligations provides some clarity to liquidators
Insight 14 Dec 2015

The High Court has ruled that a liquidator has no obligation to retain monies on account of tax until a notice of assessment has been issued The decision will provide much needed clarity for liquidators and other statutorily deemed trustees and agents Partners Charles Armitage and Christopher ...

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