8.30 Registration and welcome coffee
9.00 Opening remarks and welcome address from the Chair
Moses Samaha,
Head of Commercial Risk,
Veda
PPSR OPERATIONS AND IMPLEMENTATION
9.10 PPSR - How we are travelling with the new national registration system
- A snapshot of the activity happening on the Register
- Issues and trends since registration commencement time
- What business and community are saying about the new system
- Stakeholder engagement and consultation arrangements
Dipen Mitra,
General Manager Operations,
Insolvency and Trustee Service Australia (ITSA)
9.45 PPSR implementation experience
- Business processes - breadth of Impact
- Systems: IT changes; systems and impacts
- Training
- Lessons learned
Cindy Bushell,
Project Director, Business Enablement,
Australia Operations, ANZ
10:25 Morning tea and networking break
Panel Discussion
10.45 PPSR: Operational reality vs. expectations
- The experience of PPS implementation
- What are the main issues for users of the new register?
- The answers, the workarounds
- Lessons learned from the implementation process
Panelists:
Dipen Mitra, General Manager Operations, Insolvency and Trustee Service Australia (ITSA)
Cindy Bushell, Project Director, Business Enablement, Australia Operations, ANZ
David Brown, Associate Professor, Co-Director, Bankruptcy and Insolvency Law Scholarship Unit Adelaide Law School, University of Adelaide
INDUSTRY & PRODUCT IMPACTS
PPSA AND FACTORING / INVOICE DISCOUNTING
11.25 How does the Australian PPS legislation affect the Factoring and Discounting Market?
- What does the new legislation mean for Factoring and Discounting providers?
- What impact has the legislation had on working capital financiers? Does it work?
- What has been the impact for clients, and for companies selling with retention of title?
- Where to next?
Hooman Zahrai,
Chairman, Institute of Factors & Discounters in Australia & New Zealand (IFD);
Senior Product Manager, Cash Flow Finance, Westpac Group
12.05 Lunch and networking break
PPSA AND THE BUILDING INDUSTRY
1.05 PPSA - Effect on the building and construction industry
- Insights into the unique aspects of assets as security in the building industry
- Common clauses of building contracts that create security interests
- Examining why the provision of bank guarantees to secure interests under construction contracts are not considered to attract the PPSA. However are provisions for retention of monies by way of security covered by the PPSA?
Richard Calver,
National Director Industrial Relations and Legal Counsel,
Master Builders Australia
PPSA AND THE AGRICULTURE INDUSTRY
1.45 The impact of the PPSA on the agribusiness sector
- Specific relevance of the PPSA to agribusiness transactions
- The effect of the PPSA priority rules on agribusiness security interests
- Implications for agribusiness and some practical tips
Jacquie Browning,
Special Counsel,
Piper Alderman
PPSA AND THE SME MARKET
2.25 PPSA and the SMEs
- Has enough been done to inform SMEs?
- What has the take-up been to date?
- What are the biggest hurdles facing SMEs?
- What are the biggest opportunities for SMEs?
Alex Beck,
Product Manager PPSR,
Veda
3.05 Afternoon tea and networking break
PPSA AND THE CREDIT MANAGER
3.25 The impact of PPSA on commercial credit providers
- Business rules that a commercial credit provider should be considering when utilising the PPSR
- Who can do what on the Register? - security and access issues
- Maintaining your security interests
Del Cseti,
National Training Manager & Manager External Affairs,
Australian Institute of Credit Management (AICM)
Panel Discussion
4.05 Industry and product impacts: substantial costs AND substantial opportunities?
- Where do the costs and opportunities lie?
- The education of the market – how is this progressing?
- SME's – will waiting for knowledge to 'filter' down be too late?
- Product development – are we likely to see tailored industry products and what would they look like?
Panelists:
Hooman Zahrai, Chairman, Institute of Factors & Discounters in Australia & New Zealand (IFD); Senior Product Manager, Cash Flow Finance, Westpac Group
Richard Calver, National Director Industrial Relations and Legal Counsel, Master Builders Australia
Jacquie Browning, Special Counsel, Piper Alderman
Alex Beck, Product Manager PPSR, Veda
Del Cseti, National Training Manager & Manager External Affairs, Australian Institute of Credit Management (AICM)
Keynote Address
4.50 Follow that car! Problems and solutions in extension, evidence and enforcement of PPSA security interests
- Proceeds, tracing and value - how far can you go?
- PMSI tips and traps
- The end of the line - enforcement problems and possibilities; receivership issues and 'commercial reasonableness'
- Cross-border scenarios
- North American case studies
David Brown,
Associate Professor, Co-Director,
Bankruptcy and Insolvency Law Scholarship Unit Adelaide Law School, University of Adelaide
5.30 Closing remarks from the Chair and Networking Drinks
| This is an ideal opportunity for you to meet with your peers in an informal setting to discuss the day's events and build long-term relationships. Don't forget to bring plenty of business cards for this must attend gathering. |
9:00 Opening remarks from the Chair
PPSR - A BACKGROUND AND THE STORY TO DATE
Keynote Address
9.05 Navigating the new PPS Register - Early lessons learned
- How the Register is being used in its early days
- Common questions so far about how to use the Register
- How the PPSR affects a wide range of businesses
- Managing transitional security interests
David Bergman,
Registrar of Personal Property Securities,
Insolvency and Trustee Service Australia
David was appointed as the first Registrar of Personal Property Securities in the Commonwealth Attorney-General's Department in June 2010. He is responsible for implementing the new national system which includes finalising the legislative arrangements, implementing the new national PPS Register and assisting industry with the transition to the new system. He was previously responsible for advising the Government on bankruptcy policy and oversaw a very active period of bankruptcy law reform. He was also acting Chief Executive of the Insolvency and Trustee Service Australia and Inspector-General in Bankruptcy from July 2008 to January 2009. SECURITY INTERESTS - THE BIG ISSUE
9.45 PPS in practice - Finance Co and lease Co
- Creation of security interests
- Attachment of security interests
- Perfection of security interests
- How do you register?
- Priority disputes
- Enforcement /liquidation - impact on security interests
- A factual example drawing out PPS principles as they apply to various scenarios
John Canning,
Partner,
Mallesons Stephen Jaques
10.25 Morning tea and networking break
10.45 Taking security over investment assets
- Fathoming the new technology
- Understanding how to perfect over different types of investment asset
- Avoiding the traps
Bruce Whittaker,
Partner,
Ashurst
11.45 Designing practical solutions to manage the risks for your business in the post PPSA world
- Assessing the real rather than the theoretical level of risk if you do not register against your customers
- Identifying the affected classes of customer; Differentiating levels of risk between classes of customer
- Designing a financing statement that enables a "one time" registration against each customer whenever possible; Developing registration protocols suitable to your business needs
- Working out when you can and should claim a PMSI in your business
- Leveraging the advantages of transitional security interests (TSIs) that arise under relationships established before 30 January 2012; Knowing when to replace TSIs with new financing statements
- Business processes for customer acquisition that capture the right data to allow easy preparation of a financing statement; Verifying customer data to ensure accurate registrations
- Revising T&C's of supply to your customers; Selecting the right collateral class
- Establishing mechanisms for customers to sign or adopt trading terms or contracts that should survive challenge on insolvency
- Maximise your priority position – ensure registration occurs within the required timeframes
- Negotiating with bankers to the customer for appropriate priority in selected circumstances
- Maintaining databases of customer records that enable you to respond quickly to questions about your registration or to prove all elements critical to keeping your priority against other secured parties and on customer insolvency
Tony Coburn,
Director,
PPS Solutions
12.45 Lunch and networking break
Panel Discussion
1.45
The Law - The practitioner's perceptions of PPSA impact
- What are the major concerns in insolvency?
- What are the biggest issues for a lawyer involved in T&C reviews?
- How relevant is the NZ experience for Australia?
- How secure is secure at the moment?
Panelists:
Adam Hopkins, Head of Credit Operations, GE Capital ANZ
Bruce Whittaker, Partner, Ashurst
Steve Flynn, Special Counsel, Simpson Grierson NZ
John Canning, Partner, Mallesons Stephen Jaques
WHAT YOU NEED TO KNOW ABOUT INSOLVENCY
2.30 PPSA TEN YEARS ON - LESSONS FROM THE NZ EXPERIENCE – Part 1
Lessons for Australia from New Zealand's ten years' experience of PPS, by reference to a practical PPS framework with key concepts illustrated by actual or constructed case studies, from creditor, legal and corporate insolvency perspectives
- Using a proven framework to assess claims and identify weaknesses
- Putting key concepts into action through practical examples
- Tips from ten years of legal and insolvency practitioner PPS experience
John Fisk, Partner, Corporate Restructuring, PricewaterhouseCoopers NZ
Steve Flynn, Special Counsel, Simpson Grierson NZ
3.15 Afternoon tea and networking break
3.30 PPSA TEN YEARS ON - LESSONS FROM THE NZ EXPERIENCE – Part 2
4.00 PPS from an Australian insolvency practitioner perspective
- Practical implications for insolvency in Australia
- Impact on specific insolvency regimes
- Impact on returns for various classes of creditors
- Negotiated outcomes and uncertainty of litigation
Stewart McCallum,
Partner,
Ferrier Hodgson
Panel Discussion
4.40 Insolvency - The practitioner's perceptions of PPSA impact
- How relevant has the NZ experience been for Australia?
- What are the biggest issues for an insolvency practitioner?
- What don't we know?
- The first Australian PPSA casualty?
Panelists:
John Fisk, Partner, Corporate Restructuring, PricewaterhouseCoopers NZ
Stewart McCallum, Partner, Ferrier Hodgson
Tony Coburn, Director, PPS Solutions
Moderator:
Denise North, Chief Executive Officer and National Secretary, Insolvency Practitioners Association of Australia
5.30 Closing remarks from the Chair and end of conference
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