Knowledge

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.

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.

When confronted with a potential litigation there are usually 2 responses:

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.

If a company has more than one shareholder it should have a shareholders’ agreement in place.

On 15 November 2019 the Australian Law Reform Commission released a Discussion Paper into Corporate Criminal Responsibility.

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.

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?

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.

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.