A collection of news and insights about our firm and developments in the law, finance and insolvency industries

  • pmsi

    Using the PPSR to Defend Unfair Preference Claims

    Why do Credit Managers worry about unfair preference claims? The fact is that unfair preference laws penalise the best Credit Managers. The faster and more effective Credit Managers get the best results and they outshine pedestrian Credit Managers. Being preferred to other creditors […]

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  • Genuine Steps Statement

    Lawyers behaving badly and the Genuine Steps Statement

    Case reference: Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys (No 2) [2012] FCA 977 The case involved a drawn-out legal costs dispute that was prosecuted by a patent lawyer issuing a creditor’s statutory demand for payment. […]

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  • fixed floating charges

    Fixed and Floating Charges: the Royal Flush

    When is it possible and commercial to obtain an effective fixed and floating charge over the assets and undertaking of a company debtor? Scenario: You are the Credit Manager of a key supplier of ABC Manufacturing Pty Ltd (ABC). It has been a close relationship over a number of years and your […]

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  • What is a PMSI – new security for PPSA

    The Personal Property Securities Act (PPSA) has implemented a single national register that applies to all personal property security interests. The PPSA has also provided us with a set of priority rules to determine disputes between competing security interests. Of particular note is the Purchase Money Security Interest (or PMSI). A PMSI is a security […]

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  • credit application

    Are Your Credit Applications Good Enough?

    With inflation and interest rates on the rise some of your customers may be looking for ways to manage a liquidity squeeze. Unfortunately, those customers may see their trade suppliers as an “alternative financier” and may either extend your trading terms or indefinitely delay payment to ease […]

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