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A lessor's security interest must be appropriately documented in accordance with the PPSA and correctly registered.

The ATO's collectable debt is expected to decline, as it converts to insolvency debt.

These cases highlight the importance of ASIC records being up-to-date and correctly recording the registered office.

Whether they are defendants or plaintiffs in securities class actions, companies must consider a range of matters. Although we are only a quarter of the way into the year, it already seems that 2006 will be a jubilee year for class actions, particularly in the field of what are commonly termed "securities class actions".

Strict compliance with legislative requirements continues to be imperative when serving creditors' statutory demands.

Vendors to land sale contracts in Queensland should be aware of conditions that could result in an instalment contract.

When lenders sell mortgagee properties, they must take all reasonable care to obtain market value or the best price.

Our submission highlighted the following key issues; The concept of knowledge, impact on securitisation and unregistered managed investment schemes.

The Queensland Court of Appeal has unanimously overturned a lower court decision, establishing that security interests over all present and after-acquired property can capture assets arising from mere expectancies, take priority over subsequent assignments, and remain enforceable even after a deed of company arrangement releases the underlying debt. This landmark ruling significantly strengthens the position of secured creditors holding all-assets security arrangements.

Warranty & indemnity (W&I) insurance has become a key ingredient in M&A transactions but it may still be foreign to some.

Australia is currently experiencing a national housing affordability crisis that continually worsens. One solution to the urgent need for more social and affordable housing...

The relief and protections afforded to retail and commercial tenants by COVID-19 regulations is no longer available.

ASIC rewrites the rules on prospectuses Hot on the heels of its proposed guidance for infrastructure prospectuses and use of non-complying financial information, ASIC is proposing a radical rewrite of prospectuses in general. A proposal released yesterday afternoon aims to change both the form and, to some degree, the contents of all prospectuses.

Recent research has shown that the number of start-ups in Australia is on the rise.

The Currency Act 1965 limits the use of Australian legal tender for payments – for goods, services, debts or anything.

Even if one co-guarantor has more culpability for the debt, the Court may not be able to adjust obligations accordingly.

Summary of Salta Constructions Pty Ltd v St George Bank [2014] VSCA 289.