While businesses are starting to pay attention to the PPSA, many are not getting their compliance systems and processes right and are paying a (very expensive) price for getting it wrong.
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From 1 July 2019, Australian consumers and small businesses will be able to lodge complaints with the Australian Financial Complaints Authority (AFCA) about the conduct of financial firms dating back to 1 January 2008 but complaints must be lodged with AFCA between 1 July 2019 and 30 June 2020. After this 12 month period, AFCA will no not be able to accept legacy complaints.
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This article explores the rights of beneficiaries and trustees during allegations of misconduct relating to a trust deed.
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The serious consequences that follow a failure to comply with the Personal Property Securities Act 2009 (Cth) (PPSA) were highlighted in the recent decision of Ward CJ in Eq of the Supreme Court of New South Wales in Psyche Holdings Pty Limited[2018] NSWSC 1254 (Psyche Case)..
Read MoreOn 19 May 2017, the Personal Property Securities Amendment (PPS Leases) Act 2017 (Cth) (Amendment Act) received Royal Assent and is now effective. The Amendment Act has changed the definition of a "PPS Lease" (PPS Lease) under the Personal Property Securities Act 2009 (Cth) (PPSA).
Read MoreMost accountants and lawyers are aware of the duty implications of changing a trustee of a trust that holds dutiable property in New South Wales – as long as any new trustee or continuing trustee cannot benefit under the trust, the duty payable on a transfer of dutiable property to the new trustee or continuing trustee will only be $50.
Read MoreAn update on on our previous article: 60 million reasons to perfect your security interest
The Full Court of the Supreme Court of NSW has rejected an appeal against the decision in Forge Group Power Pty Limited (in liquidation) (receivers and managers appointed) v General Electric International Inc NSWSC 52 (11 February 2016).
Read MoreThe growing jurisprudence in Australia in relation to the Personal Property Securities Act 2009 (Cth) (PPSA) has demonstrated, once again, how a defective registration on the Personal Property Securities Register (PPSR) can result in a security interest being unenforceable upon the grantor of that security interest becoming insolvent.
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