Recorded Webinar: Navigating Set-off Rights, the Security of Payment Acts and the PPSR

This session examines the vexed question of how rights of set-off under the Corporations Act sit alongside the Personal Properties Securities Act and the security of payment regime. It includes:

• How the security of payment regime affects companies in liquidation

• Determining whether contract has a right of set-off and when it operates

• Statutory set-off and the operation of s553C Corporations Act

• Is contractual or equitable set-off available in insolvency?

• Are set-off rights preserved in insolvency by s80(1) PPSA (Cth)?

• Comparing operation of PPSA and s553C CA on set-off rights

• Meaning of invoice and ‘account’ - is it a security interest under the PPSA?

• Security interest to head contractor not perfected - does this lose set-off rights?

• How is the subcontractor impacted when set-off rights lost?

• How should liquidator deal with set-off arrangements?