Recorded Webinar: In-substance Security Interests – the Next Wave of PPS Litigation?

Friday 28th April 2017

Duration:  aprox. 2 hours 

About the webinar

The PPSA takes a substance over form and wording of agreements approach when it comes to determining security interests. This session examines “in-substance” security interests and the potential dangers they present. It covers: 

  • Commercial arrangements that may be captured:
  • Retention of title
  • Hire purchase
  • IP development license arrangements
  • Related party sales and loans
  • Construction industry "free issue" and step-in rights
    • hire arrangements
    • transitional interests
  • Understanding the practical outcomes
  • Ensuring interests are registered – when and how?
  • Dealing with unperfected security interests following insolvency
  • Case updates:
    • Carey v. Smith [2013] NZHC 2291;
    • Tubbs v Ruby 2005 Ltd [2010] NZCA 353
    • Semcrude J. Aron & Co. v. SemCrude, L.P. (In re SemCrude, L.P.), 2015 WL 4594516, No. 14-00041-SLR (D. Del.,July 30, 2015)
    • White v Spiers Earthworks Pty Ltd [2014] WASC 139
    • McCloy v Manukau Institute of Technology [2013] NZHC 936

Who should attend

This webinar is suitable for in-House Counsel and lawyers practising in business law – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

Peter Mills, Special Counsel, Thomson Geer Lawyers, Brisbane 

Peter’s area of expertise for the last 14 years has been in Personal Property Securities Act (2009) (PPS), Creditor Recoveries, and Insolvency.

Peter is a recognised expert in the PPS and its interaction with other laws and registers (including insolvency under the Corporations Act (Cth)).

Peter is admitted as a lawyer in both Australia and Papua New Guinea and regularly advises interstate and overseas clients.  His extensive client base includes controllers (voluntary administrators and liquidators), trade creditors and suppliers, accountants, SME’s, subsidiaries of domestic and international companies, and other law firms (domestic and international).

Peter regularly advises clients as to the PPS registration process and how to minimise documentation and record keeping, saving tens (sometimes hundreds) of thousands of dollars in the PPS registration process. He also advises on the recovery of assets and debts, despite liquidators being appointed, by using the PPS instead of the courts.

He is the current Vice President (Qld Division) of the Australian Institute of Credit Management (AICM), a member of the Qld Law Society’s Banking & Financial Services Committee, and a working group member of the UK’s Secured Transactions Law Reform Project.  Peter also enjoys delivering seminars and papers to credit professionals and managers on the PPS and insolvency, and their interaction with other laws.

Product Code: WBGAPR17
 Price:  $253.00 (Inclusive of GST)
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