PPSA Fundamentals & Strategies
Gain the tools, information & strategies needed to efficiently & effectively handle PPSA issues from registration to liquidation and everything in between. 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. 223N41
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 PPSA Registrations
- 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
- Common errors
- Timeframe for making registrations & early registration
- Examples of PPSA registrations
Presented by Nino Di Bartolomeo, Partner, Norton Rose Fulbright
2.45pm to 3.30pm Navigating Priority Issues under the PPSA
- The priority regime generally: Who wins and why?
- Purchase Money Security Interest (PMSI) priority problems
- Applications to extend the time for making registrations and to remove, correct or restore registrations
- PPSA compliance programs
Presented by David Carter, Partner, Dentons
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Perfecting a Security Interest & Fixing Problems
- The ways to perfect a security interest
- What you need to know about perfection
- The two meanings of ‘control’ in PPSA that apply to perfection
- Other requirements that need to be satisfied for perfection: attachment and enforceability against third parties
- If a registration is ineffective, is the security interest perfected in another way?
- The legal consequences of failing to perfect a security interest
- What is the effect if of failure to 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?
Presented by Karen Fairbairn, Legal 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
Venue
Cliftons - Spring Street
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km
Presenters
Ian Davidson SC
Ian Davidson is a Senior Counsel who practises primarily in Equity, Commercial, 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. Ian is also an accredited mediator under the National Standards for Accreditation of Mediators and accredited by the NSW Bar Association as a Mediator, Expert Determiner and Arbitrator. He was Chair of that Bar's Alternative Dispute Resolution Committee, a director of the Australian Centre for International Commercial Arbitration (ACICA) and a member of the NSW Supreme Court ADR Steering Committee from 2015-2018. He is a member of the Society of Trust and Estate Practitioners, the Banking & Financial Services Law Association and serves on the Financial Services Committee of the Business Law Section of the Law Council of Australia. His interest in, and practical experience with, the PPSA has continued since his article "Overview of the new Personal Property Securities Law" (2011) 35 Aust Bar Rev 93.
Nino Di Bartolomeo
Nino has over 36 years’ experience and his specific experience is in corporate finance, project and structured finance, resources and acquisition finance, property finance, international finance, construction finance and derivatives work. Nino was profiled as a leading banking lawyer, highly regarded in IFLR1000 rankings for 2020, leading project finance and development practice lawyer in the 2019 edition of Best Lawyers®, mentioned as noteworthy in the 2019 edition of Asia Pacific Legal500 in Banking and Finance and profiled in Who’s Who Legal Asia 2018 and Who’s Who Legal Banking 2019.
David Carter
David Carter is a partner in our Banking & Finance team in Sydney, and has experience acting for a range of ADI’s, finance companies, vendor introducers and equipment lessors. David’s focus is on advising clients on all aspects of regulatory and compliance issues and has particular experience advising on the transition to and compliance with the National Consumer Credit Protection (NCCP) regime and the associated Unfair Contract Terms aspects of the Australian Consumer Law. David has also advised receivers and administrators on PPSA issues regarding the recovery of equipment and the validity and enforceability of PPS registrations. David regularly presents at forums, focusing on the current needs of both industry and corporate counsel in handling the changes to and ongoing compliance with the NCCP, PPSA and associated legislation. He is also on the editorial panel of the Australian Banking and Finance Law Bulletin.
Karen Fairbairn
Karen Fairbairn is an expert adviser on all aspects of the Personal Property Securities Act (PPSA). She has 30 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. She helps financiers to deal with actual and potential priority disputes and other PPSA-related matters. She advises on PPSA negligence claims against solicitors. Karen regularly gives presentations and seminars and publishes articles on PPSA issues.
David Creais
An Accredited Specialist in Commercial Litigation and member of the Australian Restructuring Insolvency and Turnaround Association, David Creais has been practising commercial law and commercial dispute resolution for over 35 years. David’s commercial litigation practice has given him a wealth of experience in the conduct of proceedings in the Local, District and Supreme Courts of NSW, and the Federal Court of Australia. His work in those jurisdictions has primarily involved him in the litigation and resolution of commercial disputes ranging from simple to complex in areas such as debt recovery and insolvency, commercial contracts, construction, real property sale and leasing, damage to property and assets, misleading and deceptive conduct, intellectual property and contractual restraint. David is responsible for a portfolio of debt recovery claims for a cross-section of statutory authorities, manufacturers, suppliers and service providers. He is also currently conducting a number of matters relating to the Personal Property Securities Act, commercial contracts, insolvency, defects in buildings, security of payment claims and Corporations Act issues. With the confidence of years of experience, David is a successful advocate and negotiator, and often appears in court and before tribunals without the assistance of counsel.