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Video
Are My Assets That Are Held In A Specific Holding Company Protected From Creditors? (Video)
Senior associate Alfred Jackson examines whether assets held in a specific asset holding company are truly protected from creditors, focusing on the critical role of PPS leases. If a lessor fails to register their security interest properly, leased assets can vest in the lessee's trustee or administrator during insolvency, leaving the lessor as an unsecured creditor attempting to reclaim their own property.
AustraliaInsolvency/Bankruptcy/Re-Structuring
Cooper Grace Ward
Article
Small business debt restructuring process: A case study
This article focuses on what is proposed for (which may change) a new debt restructuring process for small businesses.
AustraliaInsolvency/Bankruptcy/Re-Structuring

Worrells

Subrogation to the rights of a creditor when a third party pays debts

Subrogation is an important doctrine to ensure that your client's entitlements are protected.

AustraliaInsolvency/Bankruptcy/Re-Structuring

When is a judgment debt not a judgment debt?

The Court used its power to go behind a judgment which a petitioning creditor relied on as proof of a debt that was owed.

AustraliaLitigation, Mediation & Arbitration

Corrs Chambers Westgarth

Landlord and Tenant Alert: Does the PPSA impact on leasing transactions?

There is some potential for the new PPSA legislative regime to impact on leasing and landlord and tenant transactions.

AustraliaReal Estate and Construction

Australia/US Mutual Recognition Arrangement

Early last week, the US Securities and Exchange Commission (SEC) and Australian authorities reached an agreement, to allow certain broker-dealers and exchanges to operate in both jurisdictions, generally without the need for them to be separately regulated in each of the countries.

AustraliaStrategy

DLA Piper Australia

Royal assent for ATO to disclose business tax debt information

The Australian Taxation Office can now disclose business tax debt information to registered credit reporting bureaus.

Court of Appeal sets aside a statutory demand, in the absence of a creditor confirming there is no genuine dispute about the debt

The process in Part 5.4 of the Act must be strictly adhered to, if taking advantage of the presumption of insolvency.

AustraliaFinance and Banking

Corrs Chambers Westgarth

Spin-Offs Beware: Asic Believes You May Need A Prospectus

Companies considering a capital reconstruction or a capital reduction should consider the effect of the recently issued ASIC Policy Statement 188 titled "Disclosure in Reconstructions" on its proposed transaction.

AustraliaFinance and Banking

Methods of enforcing a monetary judgment obtained in your favour

As a first step, you should write to the person or company that owes you money (the judgment debtor) to request payment.

AustraliaLitigation, Mediation & Arbitration

Carroll & O'Dea

Alternative avenues of relief for creditors to recover debts during COVID-19

New economic measures will provide relief for financially distressed individuals and businesses affected by COVID-19.

AustraliaCoronavirus (COVID-19)

Hope is not a business strategy

Many Australian businesses face an uncertain future, from the winding back of government COVID-19 support measures.

AustraliaCoronavirus (COVID-19)

Registered interests have added security

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

AustraliaCorporate/Commercial Law

Take note of PPSR registration expiry dates

As seven years is the typical term for PPSR registration, many security interest certificates have already expired.

AustraliaCorporate/Commercial Law

Take note of registration expiry dates for security interests on the PPSR

The registration of many security interests on the PPSR expired at the end of January 2015, unless they were renewed.

AustraliaCorporate/Commercial Law

A guide to lender securities in Australia - What borrowers & lenders need to know

Overview of the various forms of securities utilised by lenders to protect their interests when extending credit.

AustraliaFinance and Banking

Bartier Perry Solicitors

Financial Ombudsman red flag for credit providers – is the co-borrower receiving a real benefit?

The Financial Ombudsman Service reduced the liability of a co-borrower who received no 'real' benefit from the loan.

AustraliaFinance and Banking

Cooper Grace Ward

FSG relief – what's in it for me?

FSG relief is now useful in situations where a licensee, CAR or AR provides financial product advice to a retail client

AustraliaFinance and Banking

Holley Nethercote

How identity fraud in mortgage transactions can affect mortgagees: recent legislative changes

Mortgagees who fail to adequately verify the identity of mortgagors may risk losing indefeasibility of their mortgages.

AustraliaFinance and Banking

How Long Is Longtom?

Anzon’s $250 million bid for Nexus has sparked a frenzy of debate about the respective values of the bidder and target. Both have substantial hydrocarbon exploration interests which are difficult to value, although Anzon has some production as well.

AustraliaFinance and Banking

Showing 321–340 of 802 results

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