PPSA Litigation

Securing personal property for credit is an integral part of Australian business and is now nationally regulated by thePersonal Property Securities Act (PPSA).

The PPSA provides for the obtaining of a ‘security interest’ over most tangible and intangible non-land property and is accessible online at any time. Generally, a security interest is given as security under a:

  • contract;
  • agreement;
  • lease which secures payment; and or
  • performance of an obligation.

The PPSA was a significant law reform that came into effect on 30 January 2012 and created a national register called the Personal Property Securities Register (PPSR). The PPSR now records over seven million consumer and commercial registrations and is a useful tool for consumers and businesses alike.

The PPSA is important to most businesses, and is particularly important to businesses who:

  • offer goods or services on credit or delayed settlement.
  • contract with other businesses.
  • lease goods; and or
  • hire goods.

We can assist in bringing your business in line with the PPSA through advising on:

  • existing security interests;
  • future security interests; and
  • training/ assistance in registering and managing security interests.

Securing interests are often the subject of litigation. When this happens, it is important that you have a proper understanding of the applicable laws.

Generally, disputes in relation to the PPSA will arise in relation to:

  • identification of security interest;.
  • registration of security interests;
  • confidentiality, both parties and interests;
  • priority of interests under liquidation/ receivership;
  • priority of interests under voluntary administration;
  • selling, altering, damaging or changing property subject to a security interest; and or
  • discharge of security interests.

For further Information on the PPSA see:

ComLaw – Personal Property Securities Act 2009 (Cth).

Levels 5 (Main office) and 9 (Property group)
Corporate Centre One, 2 Corporate Court
Bundall , QLD, 4217 Australia
Phone: (07) 5592 1921
Email: enquiries@ramsdenlaw.com.au

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