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The PPSA will bring changes to business, protecting client business assets and the ownership of personal property.

This case considered if a guarantor had a right of subrogation enabling it to be repaid before a second ranking creditor.

One of the directors claimed he was not liable as he did not sign the documents – the signatures were allegedly forged.

Article discusses how the VA process can minimise a director's exposure to a personal guarantee debt.

Section 588FDA of the Corporations Act provided that it was voidable as an unreasonable director-related transaction.

In this current economic climate, small business operators who see no future ahead, may still have options to consider.

A cost-effective avenue for debt recovery, where the debtor is a company, is by way of a statutory demand.

Insurers should consider any obligations under the indemnity to inform an indemnifying party of a proposed settlement.

The Court found in favour of the Lender, and that damages for a breach of warranty of authority are not apportionable.

Principals and head contractors should be aware of (and comply with) the changes, or risk being in breach of the new Act.

Reverse mortgages are a loan over the property, whereas the Homesafe product involves the sale of a share of the home..

The provision of documents by compulsion to regulators such as the Australian Securities & Investments Commission and the Australian Crime Commission raises complex privilege issues. It is clear that legal professional privilege continues to apply unless relevant governing legislation limits its application expressly or by clear implication.

It is imperative to have your T & C's in order so you have maximum protection and rights if your customer fails to pay.

Universities also need to understand how the PPSA may affect their business practices and contracting requirements.

Security interests registered on the PPSR for a period of seven years should be renewed to ensure that they do not lapse.

The High Court took a broad view of the factors that can be taken into account in determining whether there is a penalty.

The PPSR is a national online register where security interests in personal property can be registered and searched.

All businesses should be aware of the importance of properly recording their security interests on the PPS Register.