PPSA Fundamentals & Strategies
213N40: Gain the tools, information & strategies needed to efficiently & effectively handle PPSA issues from registration to liquidation. Gain a checklist of the key considerations related to registration. Explore precisely what you need to know about priority. Hone your ability to perfect a security interest, fix problems, and get an extension of time when needed. Work through exactly what happens after an administration or liquidation including how to deal with defects & disputes.
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Ian Davidson SC, Eight Selborne Chambers
2.00pm to 2.45pm The Ins and Outs of Registration
- What has to be registered and when
- How to register your interests
- Classifying of PPSR categories: what to look for
- Against what collateral do you register?
- Trust ABN as opposed to the corporate trustee ACN
- Which registrations are the most beneficial for your client
- Tips and traps
- Issues that are arising and practical solutions
Presented by Robert Murphy, Special Counsel, Norton Rose Fulbright
2.45pm to 3.30pm Priority Issues under the PPSA
- The priority regime generally: Who wins and why?
- Purchase Money Security Interest (PMSI) priority problems
- Applications to remove, correct or restore registrations
- PPSA compliance programs
Presented by Oliver Shtein, Partner, Bartier Perry
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Perfecting a Security Interest, Fixing Problems & Getting an Extension of Time
- Legal consequences of not registering
- What is the effect if you do not perfect as against competing secured parties?
- What is the effect as against other third parties?
- What happens when an insolvency practitioner/trustee in bankruptcy is appointed?
- What recourse remains if priority is lost?
- Vesting of security interests
- When and in what circumstances do the vesting provisions in the PPSA and Corporations Act operate?
- What is the effect of the vesting provisions if they operate?
- Applications for extensions of time to perfect a security interest
- When can they be made and how are they made?
- What will the court consider in determining whether an extension should be granted?
- What is the effect of an extension of time?
Presented by Karen Fairbairn, Consultant
4.30pm to 5.15pm What Happens After an Administration or Liquidation is Commenced: Navigating Reviews, Dealing with Defects, & Resolving Disputes
- What happens when a security review is undertaken
- Common actual or potential defects in the registration of security interests to watch out for
- Other practical issues encountered including with retention of title clauses and PPS leases
- Errors that can (and cannot) be potentially remedied after the commencement of administration or liquidation
Presented by David Creais, Partner and Head of Property, Planning and Construction, Bartier Perry; Accredited Specialist in Commercial Litigation
Presenters
Ian Davidson SC
Ian Davidson is a Senior Counsel who practises primarily in Equity, Commercial, Competition, Administrative, Wills & Probate and Alternative Dispute Resolution. After graduating from ANU with a B Ec and LLB (1st class Honours and University Medal), Ian was Associate to Sir Anthony Mason from 1980 to 1981. He was awarded the R.G Menzies Scholarship to Harvard Law School (LLM 1982). After working with law firms in Boston and Washington DC and being admitted to the New York Bar, Ian practised as a solicitor in Sydney before being called to the NSW Bar where he has practiced from Eight Selborne Chambers (www.eightselborne.com.au) since 1991.
Robert Murphy
Robert Murphy is a banking and finance lawyer based in Sydney and has been practising in banking and finance for over 10 years (including two years in Norton Rose Fulbright’s London office). He has been with Norton Rose Fulbright since 2012. Robert’s experience includes acting for lenders and borrowers in relation to general corporate lending, asset backed lending, asset finance, debt capital markets and structured finance.
Oliver Shtein
Oliver is a seasoned commercial lawyer with international experience and high-level technical and negotiation skills. He supports clients through corporate and commercial transactions, finance, trust and revenue law. He is a sought after expert on the PPSA. Oliver has also developed a reputation as an adviser to public sector organisations and the not-for-profit sector, particularly those managing complex commercial transactions and corporate governance and tax concession issues. His broad experience across these areas helps him find elegant legal solutions that address the legal constraints of each case.
Karen Fairbairn
Karen Fairbairn is an expert adviser on all aspects of the Personal Property Securities Act (PPSA). She has over 25 years' experience in banking law and regulation and 9 years' experience in investment and commercial banking, including a rich knowledge of the PPSA, gained from an 18 month role as legal counsel to Westpac's PPS Reform Program. Karen acts for insolvency practitioners in dealing with the claims of secured creditors. She assists corporates across all industry sectors to establish or consider the appropriateness of their PPSA strategy and to defend their secured claims. She undertakes PPS registration reviews and remediation programs.
David Creais
David is head of Bartier Perry's Property, Planning and Construction team. He is an accredited specialist in commercial litigation and has been practising commercial law, litigation and dispute resolution for over 35 years. David has a strong understanding of construction and procurement law. He also advises on protecting assets using the Personal Property Securities Act 2009 and on the systems of corporate governance. David complements his commercial skills by being a highly effective mediator.
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia