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CreditorWatch Blog

Creditors: 4 ways to defend a liquidator’s unfair preference claim

Creditors: 4 ways to defend a liquidator’s unfair preference claim

What is an Unfair Preference? Essentially, an unfair preference is when a creditor, within the six months before a company goes into administration or liquidation, receives payment(s) from that company that is more than they would receive if the payment(s) hadn’t occurred and they proved for their full debt in the liquidation. The “unfair preference” […]

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PPSR 7-Year Anniversary: Are you ready?

PPSR 7-Year Anniversary: Are you ready?

A huge volume of PPS registrations are due to automatically expire over the next 18 months – is your business ready? AFSA (being the government department responsible for the #PPSR) has recently released a set of statistics showing the number of registrations that will automatically lapse, if you don’t take positive steps to renew your registrations. I have modelled […]

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PPSR Series Part 3: Notable Case Studies

PPSR Series Part 3: Notable Case Studies

The Personal Properties Securities Act (PPSA) has a reputation of being a confusing topic, even for lawyers. It is vital to ensure that registrations are completed with accurate information. However, that isn’t the only point to keep in mind. The notable case study examples listed below highlight some other points to consider.   1. Registering […]

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PPSA Made Easy – Webinar Recap

PPSA Made Easy – Webinar Recap

Our recent webinar featuring Paul Mead (our CreditorWatch PPSR expert) and Terry Ledlin (Special Counsel of Ledlin Lawyers) was a great success and one of our most attended webinars ever. In case you missed it, the Personal Property Securities Act (2009) (PPSA) requires you to think differently about how you protect your goods. Here is […]

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PMSI’s and trust companies, to ABN or to ACN?

PMSI’s and trust companies, to ABN or to ACN?

The introduction of the Personal Property Securities Register (PPSR) was meant to make life easier for secured creditors, credit managers, trading creditors and other stakeholders. But as many in the industry can attest too, this is rarely the case. At the recent presentations I gave at the CreditorWatch roundtable luncheons in Sydney and Melbourne, many […]

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Stay ahead of costly phoenix activity

Stay ahead of costly phoenix activity

The federal government has recently introduced a “new” hotline for anyone to report businesses that they believe are undertaking phoenix activity. This comes as a 2018 report from PricewaterhouseCoopers, funded by the government, revealed that the estimated annual cost of phoenix activity was now $5.13 billion dollars. In 2012, the annual cost was between $1.8 […]

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