If you’re in the business of taking security against real property, you’ll be all too familiar with the process of registering mortgages or lodging caveats on the basis of a charging clause or an unregistered mortgage. You’ll probably also be aware that, all things being equal, a contest as to who has priority between multiple … Read more
It’s commonplace in business to find yourself experiencing cash flow problems or dealing with debtors who are. Perhaps the tardiness of your debtors is preventing you from paying your own creditors on time? Whether you are the debtor or the creditor in scenario will ordinarily determine whether you would benefit from formalising a payment arrangement … Read more
I tell my clients to think like a bank. If you have a client who is about to loan money to a loved one’s business or even to their own company get some security in place. The Personal Property and Securities Act 2009 (Cth) makes it possible to become a secured creditor simply and efficiently. … Read more
What happens if a financier serves you with a s64 Notice? The rules surrounding s 64 are complicated (surprise!)
Under the Personal Property Securities Act 2009 (Cth) (PPSA) you may dispute a registration made over your property by another party if you believe the property described in the registration does not secure a debt or obligation owed by you to the party that registered.
Effective and well considered terms of trade document can save you a significant amount of money in the long run and potentially pay for itself very quickly
PPSR-have you checked? Do you have all the relevant documents? You need the security agreement and the documents evidencing the original transaction (tax invoice, hire purchase agreement, et cetera). Does the grantor actually have an interest in the collateral. Do you have all the relevant details of the grantor? When registering a security interest against … Read more