We are experts in personal property securities law. We help our clients understand their rights and enforce securities using the Personal Property Securities Act 2009.
We participated in the first Australian case involving section 20 of the Personal Property Securities Act. We represented a financier and succeeded in a priority claim (Citadel Financial Corporation Pty Limited v Elite Highrise Services Pty Limited (No 3)  NSWSC 1926).
We advise financiers about taking security and regularly help financiers document security transactions involving personal property (such as receivables, equipment and motor vehicles).
We maintain up-to-date precedents for all personal property transactions, including taking securities over receivables, assignments of debt, hire purchase agreements, sale of business transactions and general security agreements.
Asset protection and recovery services
- We help clients take security:
- Preparation of documents for specific security interests
- Preparation of documents for general security agreements
- Registration of security with the Personal Property Securities Register
- Integration of security provisions into commercial leases, licence agreements, loan agreements, debt and property settlements, partnership agreements and international trade agreements
- We help clients enforce security:
- Appointment of receivers to recover property
- Court action to recover property
- Enforcement of purchase money security interests in priority to liquidators, voluntary administrators and receivers
- Advice regarding creditor priorities in insolvency scenarios
- We help clients prepare asset sale agreements for business acquisition transactions
Our points of difference
- Experts in personal property securities law:
- Active from the very start of the Personal Property Securities Act in 2009
- Regarded as an industry thought leader in this field
- Trained credit industry professionals
- Understand finance industry credit processes and methodologies
- Advise clients in areas related to personal property securities law:
- Contract law
- Mortgage enforcement
- Trust law
- Corporate law
- Manage credit risk for difficult industries, including:
- Building and construction