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Searching Content indexed under Securities by Clayton Utz ordered by Published Date Descending.
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1
Deleveraging to control
New innovative structures are being utilised to delever distressed Australian companies in order to control transactions.
Australia
20 Dec 2017
2
A concerted leg up for companies and their advisers selling shares through bookbuilds
The ACCC published Interim Guidelines which are designed to assist companies determine what concerted practices are.
Australia
14 Dec 2017
3
PPS law change: welcome relief for short-term hiring and rental industry
The changes extend the minimum duration of a PPS lease from more than one year to more than two years.
Australia
11 Jun 2017
4
Major decision on set-off and security interests in insolvency may lead to significant contractual change
This decision clarifies the limitations of set-off in a liquidation scenario and a security interest under the PPSA.
Australia
9 Jun 2017
5
The right to call an unconditional bank guarantee – do you say it best when you say nothing at all?
The conventional view is that an unconditional bank guarantee to secure performance of a contract operates autonomously.
Australia
14 May 2017
6
Did you receive an unexpected Christmas or New Year message from the PPS Registrar?
The Registrar seems to have written to thousands of businesses to ensure that their PPSA registrations are effective.
Australia
8 Feb 2017
7
Clash of the titans: PPSA vs insolvency
This case discussed the interaction between insolvency and PPS law, particularly retention of title security interests.
Australia
 
17 Nov 2016
8
Court extends time for registration of security interests due to inadvertence – ABN v ACN
The court exercised its discretion when a financier's failure to register security interests properly was inadvertent.
Australia
5 Sep 2016
9
Retention of title and the PPSA: a high steaks issue
This case clarifies matters of registration of retention of title clauses for secured creditors dealing with grantors.
Australia
31 May 2016
10
Think you're not regularly engaged in the business of leasing? Think again, says new PPSA decision
Companies, with leasing as only a small part of business, must still comply with the PPSA to protect any leased goods.
Australia
6 Apr 2016
11
1 October start date for changes to PPSA treatment of short-term leases of serial-numbered goods
Changes to registration requirements on the PPSR commence shortly.
Australia
27 Sep 2015
12
Incorrectly removed a registration from the Personal Property Securities Register?
If you incorrectly remove a registration from the PPSR, act quickly and give the Registrar the correct information.
Australia
9 Sep 2015
13
Proposed cross-collateralisation of PMSIs would improve protection in insolvency for goods suppliers
Cross-collateralisation benefits available to a seller pre-Personal Property Securities Act may soon be available again.
Australia
19 Aug 2015
14
Leases of serial-numbered goods for less than 1 year won't be deemed security interests under PPSA
Businesses should review internal processes to ensure that only certain leases will be registered on the PPS Register.
Australia
5 Jul 2015
15
PPSA retention of title decision in Victoria overturned
The Court upheld the appeal and confirmed that the supplier was protected by the transitional provisions in the PPSA.
Australia
18 May 2015
16
Final Report on the Review of the Personal Property Securities Act released
The final report gives a comprehensive analysis of the PPSA and the operation of the PPS register, with recommendations.
Australia
27 Mar 2015
17
Review of the Personal Property Securities Act starts with release of first consultation paper
The AG has released the first of a series of consultation papers in relation to the PPSA review, for public comment.
Australia
 
29 Sep 2014
18
Developments in aviation finance in Australia
Australia will adopt the Cape Town Convention which will benefit Australian airlines and increase security for creditors.
Australia
22 Sep 2014
19
US fraud on the market rules to affect securities class actions in Australia?
The 'Camping Warehouse' case might determine if the US "fraud on the market" principle is part of Australian law.
Australia
22 Sep 2014
20
"Whose interest is it anyway?" The Personal Property Securities Act and IP security interests
IP owners and those who have IP security interests might not understand the full scope of the PPSA and its effect.
Australia
14 Dec 2013
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