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Finally the Personal Property Securities Register is making its mark

We are starting to see an increasing trend in new registrations and searches being carried out on the Personal Property Securities Register (PPSR).  This is an encouraging sign as we hit the 2 year mark since the implementation of the Personal Property Securities Act (PPSA) on 30 January 2012.

The PPSA was introduced to streamline how we deal with and record security interests in personal property other than land. The PPSR brought together 23 separate registers to create one national public register of securities. [...]  READ MORE →

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Having trouble understanding the PPSA?

If you are having trouble getting your head around the complex Personal Property Securities Act (PPSA) there are many other individuals and companies who face the same dilemma.

Contact a commercial lawyer at Matthews Folbigg to obtain a comprehensive understanding of how to protect your security interests, as well as how to go about making registrations on the Personal Property Securities Register.  We offer detailed legal advice and interactive tutorials in-house or at your office.

Jeffrey Brown – jeffreyb@matthewsfolbigg.com.au or 9635 7966 [...]  READ MORE →

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Priority of Personal Property Securities Register

Maiden Civil Pty Ltd; Re; Albarran v Queensland Excavation Services Pty Ltd [2013] NSWSC 852

Issue

The Supreme Court of New South Wales has ruled that the nemo dat rule (that one cannot give what is not theirs) has been removed from Australian law in relation to thePersonal Property Securities Act 2009 (Cth) (“PPSA”).

This case also provides that in circumstances where a party has not secured their interest in property as the true owner, their interests may be outweighed by the secured interest of a third party, under the act. [...]  READ MORE →

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Title under the PPSA – always the bridesmaid

Maiden Civil (PE) Pty Ltd: Richard Albarran and Blair Alexander Pleash as Receivers and Managers of Maiden Civil (PE) Pty Ltd & Ors v Queensland Excavation Services Pty Ltd & Ors [2013] NSW SC582.

Read the case here.(link is external)

Introduction and background

After a sometimes anxious wait, at last there is a substantive decision of a Court considering some of the key provisions of the Personal Property Securities Act 2009 (Cth) (“PPSA“). The regime put in place by the PPSA commenced on 30 January 2012. On 30 and 31 October 2012, Brereton J in the Supreme Court of New South Wales heard the case of Maiden Civil, and late last month handed down a decision which gives the commercial and legal world some guidance on key provisions of the PPSA. [...]  READ MORE →