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The Court clarified the date for fixing the categorisation of assets after the appointment of receivers and managers.

The continuous disclosure and class action laws in Australia are again under scrutiny, with the Australian Law Reform Commission (ALRC) releasing a discussion paper, the Australian Securities Exchange (ASX) encouraging discussion, and Law Firms Australia (LFA) advocating change.

Hybrid securities can be important in a diversified portfolio when risks are understood.

The decision also confirms that Australian courts will look to Canadian and NZ courts for guidance to interpret the PPSA.

In a unanimous decision on 13 October 2009, the High Court of Australia (regarding Ronald John Bofinger & Anor v Kingsway Group Limited, formerly Willis & Bowring Mortgage Investments Limited & Ors) allowed guarantors, who had provided guarantees to the first, second and third mortgagees involved in a property development project, the right to claim equitable compensation from the first mortgagee.

Secured creditors should be careful not to surrender their security when lodging a PoD and voting at creditors meetings.

The Senate passed the National Consumer Credit Protection Act and a number of associated Bills on Monday 26 October 2009.

The concept of PPS Leases has been problematic for lessors/bailors and financiers since the introduction of the PPSA.

The Court recently provided another reminder to ensure that all security interests are correctly registered on the PPSR.

As a new financial year approaches, take time to review key aspects of your business to ensure a successful year ahead.

Summary of the current state of the law on the threshold questions as to whether a security interest exists.

A purchase money security interest (PMSI) is a type of security interest which receives a super priority under the PPSA.

If you are unsure whether to register a short term lease on the PPSR, you should err on the side of caution and register.

The article outlines key elements of the proposed amendments and their effect on the current corporate governance laws.

What lessons can be learnt from the first year of the PPSA, and how can businesses protect their assets in the future?

Leases for 90 days or more for serial numbered goods will not be deemed to be PPS leases for the purposes of the PPSA.

Discusses the disclosure exclusion framework focusing on the eligible investor exclusion when raising capital.