There are a number of different ways a business or individual may choose to secure their interest in another business. This article explores in more depth a charge registered pursuant to the Personal Property Securities Act 2009 (Cth) (‘PPSA’) on the Personal Property Securities Register (‘PPSR’) or a PPSA security interest. In particular this article will look at priority rules.
Andrea Harrold
Recent Posts
Competing Business Security Interests: When your security may not be as secure as you think pt.2
By Andrea Harrold on Oct 8, 2020 1:26:00 PM
Competing Business Security Interests: When your security may not be as secure as you think pt.1
By Andrea Harrold on Sep 30, 2020 1:20:14 PM
There are a number of different ways a business or individual may choose to secure their interest in another business. The different methods and whether they are suitable or not depends on the nature of the transaction and the type of asset being secured against. For example: a loan for the purpose of purchasing a commercial property may be secured against that property by way of a mortgage.
Why wait? The defence of laches
By Andrea Harrold on Jul 22, 2020 10:53:45 AM
When confronted with a potential litigation there are usually 2 responses:
The foundations of Estate Litigation
By Andrea Harrold on Mar 18, 2020 11:59:04 AM
Estate Litigation concerns suits against the Estate of a deceased person, usually because they were passed over for an inheritance but also in relation to how the Estate is being managed or in relation to the validity of a Will.
5 Reasons You Need a Shareholders' Agreement
By Andrea Harrold on Feb 21, 2020 10:03:02 AM
If a company has more than one shareholder it should have a shareholders’ agreement in place.
When can a corporation be held criminally responsible?
By Andrea Harrold on Dec 10, 2019 1:11:13 PM
On 15 November 2019 the Australian Law Reform Commission released a Discussion Paper into Corporate Criminal Responsibility.
Why should I bother with Corporate Advisory and Restructuring?
By Andrea Harrold on Sep 5, 2019 2:00:42 PM
When a company is first set up, usually its purpose and subsequent structure is clear. Over time, the business grows, and the company may outgrow its current structure, or in the alternative, the business may find itself in financial strife and so the structure of the company may need to be reconsidered.
Is your former spouse generating debt?
By Andrea Harrold on Sep 4, 2019 3:37:17 PM
It is not uncommon for a spouse to accumulate debt following separation. If your spouse is partying it up, spending money on extravagant items, selling investments and increasing their credit card debt, it can make the family law property settlement problematic. This is because all assets and liabilities are included in the pool that is to be divided between the parties, and the value is at the current value, not the value at separation. What can be done about debts incurred post separation?
How to sue someone in a different state
By Andrea Harrold on Aug 27, 2019 5:02:00 PM
It is quite common in civil litigation proceedings for the Defendant or Plaintiff to be located in another state. The person you are intending to sue may live interstate or their registered office may be interstate. Either way, there are a number of things to think about if you intend to sue someone who is not in the same state as you.
Why You Need a Valuation in Family Law
By Andrea Harrold on Aug 8, 2019 11:51:17 AM
In a family law matter whether it be in a lengthy litigation battle or attempting to settle matters outside of court, the most frequent issue that arises is not a question of law but of fact. Specifically, how much is a particular asset or liability worth. A valuation may then be required to resolve the dispute regarding the value of the item.