ArticlePersonal guarantees and voluntary administrationWhile a company remains in voluntary liquidation, a creditor cannot enforce a personal guarantee given by a director.AustraliaInsolvency/Bankruptcy/Re-StructuringColeman Greig Lawyers
ArticleChange to consumer guarantees welcomedFrom July 1, the consumer guarantees apply in any case where the price of the goods or services is less than $100,000.AustraliaConsumer ProtectionMellor Olsson
ArticleWhat is an enforceable undertaking and why do they exist?An enforceable undertaking, or EU, is an undertaking which sets out in writing certain actions to address ASIC concerns.AustraliaFinance and BankingHolley Nethercote
ArticlePPS Act – better finance and security for agribusinessFarmers and graziers should consider a "PPS Act audit" to understand, verify and protect their rights over assets. AustraliaReal Estate and ConstructionThynne & Macartney
ArticlePPSA model clauses for a general security agreement (GSA)These PPSA model clauses by 5 law firms set out suggested clauses and definitions for certain core provisions of a GSA.AustraliaCorporate/Commercial LawNorton Rose Fulbright Australia
ArticlePPSR transition period ends midnight 31 January 2014TSIs must be registered on the PPSR by this time to take advantage of "temporary perfection" and to preserve priority.AustraliaCorporate/Commercial LawHunt & Hunt
ArticleMy parents lent us money and now we have separated – how is this dealt with in Family Law?The Family Court may disregard an unsecured debt owed to family members in the overall division of the parties' assets.AustraliaFamily and MatrimonialHHG Legal Group
ArticleA game of cards: Do security bonds trump personal guarantees in a commercial lease?Before agreeing to act as guarantor for a tenant, make sure you know what you could be liable for if things go wrong.AustraliaFinance and BankingColeman Greig Lawyers
ArticleChecklist: Going guarantor for a loan?The article includes six questions that you should ask before you sign to be a guarantor and you must get legal advice.AustraliaFinance and BankingHHG Legal Group
ArticleConducting Business in Australia: Personal Property Securities Law2012 marked an overhaul of the way that security interests (other than real property) are dealt with in Australian law.AustraliaFinance and BankingAddisons
ArticleCorrs in Brief: Implications of PPSA Issues Affecting Mining Services ContractsContracts should contain provisions dealing with the PPSA to ensure that parties with security interests are protected.AustraliaFinance and BankingCorrs Chambers Westgarth
ArticleDeadline - ASIC regulated entities must submit their business activity metrics nowThe industry funding model allows ASIC recover its regulatory costs from industry through levies and fees-for-service.AustraliaFinance and BankingHolding Redlich
ArticleEstablishment fees in private financing transactionsIn this recent Victorian appeal case, the court found the establishment fee charged for the loan to be a penalty.AustraliaFinance and BankingSwaab Attorneys
ArticleEverything you wanted to know about PPSA but were too afraid to askThis example demonstrates the importance of the Personal Property Securiy (PPS) Register in a priority dispute.AustraliaFinance and BankingDibbsBarker
ArticleGuarantors: Enforcing guarantees is not guaranteed: Take it slow, consider your optionsIf you have guaranteed the debts of a person or entity, do not panic, as the creditor may be amenable to compromise.AustraliaFinance and BankingHHG Legal Group
ArticleIs your business protected under the Personal Property Securities regime?Businesses should audit internal practices and commercial documents to ensure preservation of their security interests.AustraliaFinance and BankingMoray & Agnew
ArticlePenalty provisions – when are liquidated damages unenforceable?The High Court considered whether credit card late payment fees charged by a bank were considered to be penalties.AustraliaFinance and BankingDWF (Australia)
ArticlePPS Regime - Selling or Financing Goods NoteThe PPS Regime will have a far reaching affect on dealings with various forms of personal property.AustraliaFinance and BankingDibbsBarker
ArticlePractice Guide for Second Mortgages – Default and execution of securityAddresses rights and obligations of lenders, tips for responding to a default and exercising rights under a mortgage.AustraliaFinance and BankingBennett & Philp Lawyers