{"id":6491,"date":"2014-05-05T14:38:23","date_gmt":"2014-05-05T04:38:23","guid":{"rendered":"http:\/\/sites.thomsonreuters.com.au\/journals\/?p=6491"},"modified":"2014-05-05T14:38:23","modified_gmt":"2014-05-05T04:38:23","slug":"insolvency-law-journal-update-march-2014","status":"publish","type":"post","link":"https:\/\/sites.thomsonreuters.com.au\/journals\/2014\/05\/05\/insolvency-law-journal-update-march-2014\/","title":{"rendered":"Insolvency Law Journal update: March 2014"},"content":{"rendered":"

*Please note that the links to the content in this Part will direct you to Westlaw AU. If you are using Checkpoint, the links can be found in the CP PDF <\/strong>at the bottom of this post.<\/p>\n

<\/strong>NB: <\/strong>Please note that all updates will include links for Westlaw AU only<\/b> (with the exception of the Journals available on Checkpoint, which will have an extra PDF). For further information, please click here<\/a><\/strong>.<\/p>\n

The latest issue of the Insolvency Law Journal <\/em>(Volume 22 Part 1) contains the following material:<\/p>\n

EDITORIAL<\/a><\/p>\n

Articles<\/h3>\n

Protecting the prepaying buyer of goods from the seller\u00e2\u20ac\u2122s insolvency <\/i><\/b><\/a>\u00e2\u20ac\u201c Dr Rasiah Gengatharen<\/p>\n

Where a buyer has paid for goods in advance of delivery, the buyer runs the risk of losing both the goods and the money paid if the seller becomes insolvent. There are legal avenues that the prepaying buyer can pursue, but they have their limitations, are inaccessible to most buyers, and ill-suited for protecting prepayments. This article will argue that there is a need for legal reform to enhance the legal position of the prepaying buyer. It examines two strategies which could be adopted to protect the prepaying buyer. While neither would completely eliminate the risks posed by the insolvency of the seller, they nonetheless deserve consideration.<\/p>\n

To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n

Vesting of personal property in insolvency under the PPSA <\/i><\/b><\/a>\u00e2\u20ac\u201c Matthew Broderick and David Morrison<\/p>\n

The Personal Property Securities Act 2009 <\/i>(Cth) and the new Div 2A of Pt 5.7B of the Corporations Act 2001 <\/i>(Cth) both commenced on 30 January 2012, heralding a new regime providing for the vesting of unperfected security interests in bankruptcy, liquidation and voluntary administration. This article addresses the perils of non-perfection and late registration of security interests under the new personal property securities regime.<\/p>\n

To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n

Sections<\/h3>\n

RECENT DEVELOPMENTS<\/a> \u00e2\u20ac\u201c David Morrison<\/i><\/p>\n