Sydney Law School: Recent submissions
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Unperfected PPSA security interests in insolvency part I: The commercial significance and costs of the vesting provisions
Published 2024This is the first of two articles which critically examine the "vesting provisions" in relation to the Personal Property Securities Act 2009 (Cth) (PPSA). These are s 267 of the PPSA, which provides that a security interest ...Article -
The Chapter III courts: The evolution of Australia's federal judiciary
Published 1995Under Chapter III of the Australian Constitution, Parliament has created a series of federal courts, the functions of which are to adjudicate claims through the application of federal and State laws. The authors chronicle ...Open AccessArticle -
Will combating phoenix activity stifle genuine restructuring activity?
Published 2019The Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 (Cth) was introduced into Parliament in mid-February 2019. The Explanatory Memorandum to the Bill explains that it aims to "improve the mechanisms ...Open AccessArticle -
Split Deposits - Again
Published 2007One of the most effective remedies for vendors on termination for the purchaser's default is to forfeit the 10% deposit paid on exchange. It is not unusual, though, to encounter contracts where the vendor has agreed to ...Open AccessArticle -
Commercial imperatives and public benefit: Recognising commercial purposes as charitable purposes
Published 2018The Non-Charitable Purpose (NCP) trust has stood as a challenge to the concept of the traditional charitable trust through its rejection of the charitable purpose and public benefit requirements. Yet various jurisdictions ...Open AccessArticle