The insolvency priority contest - garnishee notices versus general law fixed interest and PPSA security interests

Abstract

This article will consider the Commissioner’s power to issue a notice to a third party that owes money to or holds money for a tax debtor under s 260–5 of Sch 1 to the Taxation Administration Act 1953 (Cth) (TAA). In particular, this article will discuss the effect of general law fixed interests and the Personal Property Securities Act 2009 (Cth) (PPSA) upon the Commissioner’s statutory garnishee charge under s 260–5.