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On 15 November 2007, the Full Court of the High Court of Australia clarified Australian law in relation to the operation of the transfers of mortgages.

Secured parties with interests registered on the PPSR should respond adequately to urgent notices from an administrator.

When a credit facility is in default, a third party may acquire the debt and related finance documents at a discount.

There should be a major discussion about investor protection, as the current system is both fractured and ineffective.

Unless security interests are correctly registered by 30 January 2014, they will no longer be automatically protected.

The recent High Court decision in "Bofinger v Kingsway Group Limited" [2009] HCA 44 allowed the guarantors to claim equitable compensation from the first mortgagee and in so doing placed them ahead of the second and third mortgagees.

A recent order by the Supreme Court of WA acts as a timely reminder of the breadth of power conferred on the Court by section 447A of the Corporations Act 2001 (Cth) (Act), and the flexibility that the provision can provide in the conduct of any administration.

Agencies should now focus on how the PPSA is implemented by the courts and the implications for policies and procedures.

Recent amendments increased the threshold for deeming a commercial lease or bailment to be a PPS lease to two years.

ASIC has commenced the consultation process to update its policy and requirements for electronic offers of securities.

This guide is intended to supplement our popular Foreign Investment in Australia guide and has been drafted with the intention of providing an overview of the specific…

Australian D&O insurers continue to tread cautiously after securities class actions and more significant claims activity.

Distributions of dividends from trading companies through family trusts into bucket companies would be less attractive.

This change will have a particular impact on the need to register commercial leases of goods on the PPS Register.

Insider trading is when a person or company uses inside information to trade on the stock market.

Article discusses who, what, when and why regarding the Personal Property Securities Register.

The Personal Property Securities Act 2009 (Cth) (PPSA) two year transition period ends on 31 January 2014.

By registering a security interest on the PPSR, an interest is afforded a higher priority than unregistered interests.