ipso facto insolvency reforms

Ipso Facto Insolvency Law Reforms – What They Mean For Your Business

By Lewis Holdway / December 11, 2017 /

The ipso facto reforms, which are expected to come into effect on 1 January 2018, are likely to have a substantial impact on the way in which businesses manage their insolvency risk. Insolvency risk is the risk that the party you are transacting with goes insolvent and is unable to pay the debts that are…

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Alleasing OneSteelle Manufacturing PPSR Lawyers Melbourne

Case Update – Alleasing Pty Ltd, in the matter of OneSteel Manufacturing Pty Ltd -v- Onesteel Manufacturing Pty Ltd

By Daniel Van Leuverden / September 27, 2017 /

By Roberta Hosikian In the case of Alleasing Pty Ltd, in the matter of OneSteel Manufacturing Pty Ltd -v- Onesteel Manufacturing Pty Ltd [2017] FCA 656 the Court fixed the date of registration of a security interest at a later date in order to give effect to a settlement agreement made between the parties to…

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Workplace Changes

Registering on the PPSR – to AB- or AC-N, that is the question

By Daniel Van Leuverden / June 8, 2017 /

By Amanda Carruthers The recent decision of the Supreme Court of New South Wales In the matter of OneSteel Manufacturing Pty Ltd has provided a clear warning about the consequences of incorrectly registering your security interests on the Personal Properties Security Register (“PPSR”). When registering your security interest on the PPSR, the details you are…

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commercial mediation dispute lawyers melbourne

The Impact of Psychological Priming in the context of Commercial Law Mediation

By Lewis Holdway / April 20, 2017 /

Many factors can influence how receptive a party will be to commercial mediation, and can impact their willingness and ability to develop and consider creative solutions, and their preparedness to engage meaningfully in the process, with an ultimate aim of settling the dispute. Some of those factors or “primes” (including colour, venue, and language choices)…

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insolvency practice rules - insolvency lawyer melbourne

New Year, New Insolvency Practice Rules

By Lewis Holdway / March 16, 2017 /

Changes to Insolvency Practice Rules A number of changes to Australian insolvency law will come into effect in March 2017. These changes will include the Insolvency Practice Rules. The new rules will have significant impact on creditors, and are anticipated to widen creditor’s powers in external administrations. A number of these changes are briefly discussed…

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PPS registrations - PPS lawyers melbourne

Case Update: Take care when completing PPS Registrations!

By Lewis Holdway / March 16, 2017 /

Make sure you get your PPS Registrations right. The recent decision of the case of In the matter of OneSteel Manufacturing Pty Ltd (Administrators Appointed) [2017] NSWSC 21 is a sobering reminder of the importance in ensuring that your PPS Registrations are accurate and in compliance with the Act. The judgement is unequivocal confirmation that registrations…

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PPS leases - PPS lawyer melbourne - PPSR

PPS Leases: Proposed changes to the PPSA

By Lewis Holdway / March 9, 2017 /

The federal government has introduced the Personal Property Securities Amendment (PPS Leases) Bill 2017 into the House of Representatives. This bill proposes to make some significant amendments to the Personal Property Securities Act 2009 (Cth) with respect to leases for goods. We anticipate that it will be passed by both houses in the not-too-distant future. If a lease for goods…

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unfair preference personal property securities register PPSA

Help! Is my payment an unfair preference?

By Lewis Holdway / September 8, 2016 /

Have you received a payment from a debtor company just before they went into liquidation? Has the liquidator contacted you to ask for repayment of the payment on the basis that it was an unfair preference payment? If you were registered on the Personal Property Securities Register, you may be able to keep the payment!…

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Capital Gains Tax – Know when to hold it, know when to run

By Daniel Van Leuverden / May 20, 2016 /

By Amanda Carruthers The High Court of Australia’s decision in Commissioner of Taxation v Australian Building Systems Pty Ltd (in liq) has determined that retention authorisation and obligation relating to Capital Gains Tax arises only upon assessment (or deemed assessment) in respect of the income, profit or gains, and not merely upon crystallisation of the…

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personal guarantee bankruptcy lawyers melbourne

Personal Guarantees and Bankruptcy

By Lewis Holdway / June 19, 2015 /

A common requirement of credit applications, terms of trade and lease agreements signed by Companies (or at times, individuals) is that a Director or another person must sign a personal guarantee. The purpose of the personal guarantee is to limit the exposure of the supplier, so that if the customer defaults or goes into external…

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