All publications relating to ‘Commercial Finance’
Australian Anti-Money Laundering AML/CTF Tranche 2 laws are coming
Australia’s Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) Act is designed to stop illegal funds from entering the financial system. It is estimated to be a $68 billion problem in Australia alone. This legislation aims to stop the flow of crime money and bring us in line with the rest of…
Cross-Company Security and Liquidator Challenges: Full Federal Court Restores Certainty in CEG Direct Securities v Cooper [2025] FCAFC 47
A significant decision from the Full Federal Court has clarified the limits of liquidators’ powers to unwind cross-company security granted to related entities.The decision has re-enforced the commercial viability of intra-group finance arrangements when properly structured and documented.In CEG Direct Securities Pty Ltd v Cooper as liquidator of Runtong Investment and Development Pty…
Failing to Register a PPSR Security Interest on Time – Legal Risks and Options
IntroductionTimely registration of security interests under the Personal Property Securities Act 2009 (Cth) (PPSA) is essential for secured creditors to protect their rights. Failure to register within the prescribed timeframes can result in the creditor losing priority to unsecured creditors in the event of insolvency.While creditors who have failed to register…
Navigating Priority Disputes under the PPSR: Pathways and considerations for Secured Parties
The Personal Property Securities Register (PPSR) serves as a vital framework for establishing and protecting interests in personal property in Australia. However, disputes regarding priorities under the PPSR can lead secured parties into complex administrative and judicial review processes. The resolution options available under the Personal Property Securities Act 2009 (PPS…