Articles

IS IT REALLY A PERSONAL GUARANTEE? – Another personal guarantee gone wrong

Author - Nicholas Boyce Creditors are often faced with disputes by guarantors over the validity and enforceability of a guarantee following a failure by the principal to pay a d…

Important win for creditors defending unfair preference claims

The ‘PPSA defence’ has, in recent times, become a very valuable tool used by creditors to defend unfair preference claims. The Supreme Court of South Australia recently overtu…

Hirers and lessors beware

KEEP UP OR RISK YOUR GOODS AND SECURITIES SLIPPING THROUGH YOUR HANDS. While your contracts may be watertight in today's legal environment, unless you make changes before the Pers…

Personal guarantees gone wrong

A well executed personal guarantee can be the holy grail of debt recovery tools, but one overlooked detail can bring the whole thing to its knees. It is surprising the number of…

Receivership/Administration/Liquidation. What’s the difference and how does it affect creditors?

The appointment of an insolvency practitioner to a debtor usually strikes fear into the hearts of creditors, as it is considered to mark the death of the company with zero return o…

Retention of title – weaknesses and reforms

Will your safety net catch you or tear apart when tested? While an effective RoT clause can be your saving grace if you are unfortunate enough to deal with defaulting and/or ins…