Allens

Personal Property Securities

Our experienced Personal Property Securities legal team regularly publishes articles and updates - the full list of publications appears below. These publications contain the latest news and developments, and look at the ramifications for your business. If you'd like to be notified when we add new Personal Property Securities publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.

Personal Property Securities Publications

  • Paper: Getting the deal through - Australia PPP chapter

    5 November 2014

    Partners Leighton O'Brien and Nicholas Ng provide an overview on public-private partnerships (PPPs) in Australia, examining the general PPP framework, trends in the industry, the procurement process, operation and maintenance, default and termination and financing.

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  • Client Update: PPSA amendments for 'serial numbered goods'

    24 March 2014

    New legislation will amend the Personal Property Securities Act to remove the provision that deems leases of serial-numbered goods of more than 90 days to be a 'PPS lease'. These amendments will primarily benefit businesses in the leasing industry and will have a minimal, but positive, effect on financiers. Partner Andrew Boxall and Lawyer Daniel MacPherson report.

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  • Focus: The end of the PPSA transitional period - what happens now?

    24 January 2014

    With the end of the transitional period under the personal property securities legislation fast approaching, those entities that rely upon having interests in property held by others must act now to ensure those interests are properly registered (even where they are transitional), so there is no loss of priority. Partner Steve Pemberton and Lawyer David Allen look at what companies, financiers and insolvency practitioners can expect in the coming months.

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  • Focus: PPSA update: transitional security interests may be no protection

    9 July 2013

    The NSW Supreme Court has held that although the ownership interest of a lessor in certain motor vehicles leased to a company were 'transitional security interests', they were not temporarily 'perfected' and did not take priority over a subsequently-registered financier's general security interest. The decision also supports the proposition that when, under section 267 of the Personal Property Securities Act, an unperfected ownership security interest in goods vests in a company upon its entry into voluntary administration, the company holds those goods subject to any perfected security interest it has granted over those goods, such as under a lender's general security agreement. Partners John Warde and Karla Fraser, and Law Graduate Riley Downie report.

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  • Client Update: PPSA model clauses for a general security agreement

    16 May 2013

    Since before the operational commencement of the Personal Property Securities Act 2009 (Cth) (the PPSA) in January 2012, and certainly since then, law firms have been settling their position on the many issues it raises. They have also been revising their precedent documentation.

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  • Focus: The PPSA 12 months on

    19 February 2013

    With the midpoint of the two-year transition period under the Personal Property Securities Act having just passed, it is a good time to reflect on some issues that have come to light in the past 12 months. The Allens PPS team reports.

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  • Audio: The PPS Register - the first 6 months - traps and lessons for suppliers

    16 August 2012

    The PPS register has now been in operation for six months. Partner Diccon Loxton speaks to BRR Media about the lessons and traps for suppliers of goods on lease or retention of title terms

    Listen
  • Focus: PNG personal property security reform - what transactions are covered?

    1 May 2012

    The new PNG personal property security law has been enacted and, before it comes into force, businesses need to start considering how it will apply to them. In the first of a series of articles on the new law, Partners Steve Pemberton and Vaughan Mills look at the kinds of transactions that will be caught by the new legislation

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  • Focus: PPSA sparks amendments to Victoria's prescribed form of contract of sale of real estate

    27 March 2012

    Individuals and businesses buying and selling real estate in Victoria must be aware of amendments to the prescribed form of the contract of sale for real estate in Victoria brought about by the introduction of personal property securities legislation. Partner Michael Graves, Senior Associate Alanah Barham and Lawyer Tim Chislett look at the changes

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  • Client Update: The PPSA and real estate transactions

    6 March 2012

    In brief: Despite the Personal Property Securities Act 2009 (Cth) not applying to 'land' or 'fixtures', it will nevertheless impact on the leasing, and buying and selling, of real estate. Additionally, some uncertainty as to whether 'fixture' under the PPSA was meant to follow the common law meaning confuses the breadth of operation of the Act in this area. Partner John Gallimore and Senior Associate Alister Fitzgerald report

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  • Client Update: PNG personal property security reform enacted

    7 February 2012

    Personal property securities reform has passed into law in PNG but will not come into force until a security interest registry is established. Partners Steve Pemberton and Vaughan Mills look at the implications of the new law for doing business in PNG

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  • Focus: Personal property securities reform and what it will mean for M&A transactions

    31 January 2012

    Sweeping changes to Australia's personal property securities laws have just come into operation, with far-reaching consequences for business. Partners Steve Pemberton and Greg Bosmans, and Senior Associate Vida Wongseelashote, report on how M&A transactions will be affected

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  • Focus: IP and the transition to the Personal Property Securities Act

    20 December 2011

    Companies and individuals that own, license or hold security interests in intellectual property should be aware that the Personal Property Securities Register will go live on 30 January 2012, ushering in the reforms implemented by the Personal Property Securities Act 2009. Partner Tim Golder, Senior Associate Tom Reid and Vacation Clerk Geoff McGrath look at the transitional arrangements and the implications of the new regime

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  • Focus: PNG personal property security reforms

    22 September 2011

    The PNG Government has announced its intention to reform the laws dealing with security over all property other than land, and has tabled a draft Personal Property Security Bill that will follow the pattern of similar laws introduced in New Zealand and Australia. It will cover a wide range of transactions, including retention of title and equipment leases, not just traditional security interests. It will cover both consumer and commercial transactions. In many cases parties will need to register their interests to ensure they achieve their desired effect. Partners Vaughan Mills and Steve Pemberton look at the draft legislation

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  • Audio: Are you PPSA ready?

    22 June 2011

    The Personal Property Securities Act 2009 (Cth) is on track for commencement in October this year. In the first of a series, Senior Associate Andrew Edington speaks to Boardroom Radio on the legislation, how it affects a wide range of services and businesses, and the risks to organisations that fail to protect their security interests

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  • Focus: Personal property security reforms and the manufacturing and retail industries

    9 September 2010

    The far-reaching Personal Property Securities Act 2009 (Cth) is due to come into force in May 2011 and businesses operating in the manufacturing and retail sectors will be affected. It covers a wide range of transactions, not just security interests. It is not just limited to consumer transactions, and significantly alters aspects of commercial law and contracts law. Partner Diccon Loxton reports on how the changes will affect the manufacturing and retail industries

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  • Focus: Personal property securities reforms and intellectual property

    30 August 2010

    The far-reaching personal property securities reform is due to come into force in May 2011 and companies with significant intellectual property assets will be affected by the sweeping changes the new legislation will bring to Australia's commercial law. Partners Diccon Loxton and Tim Golder, Special Counsel Rebecca Sadleir and Senior Associate Robyn Chatwood report on how the changes will affect IP owners

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  • Focus: Personal properties securities reform and the construction industry

    10 August 2010

    The Personal Property Securities Act 2009 (Cth) will commence in May 2011. It covers a wide range of transactions, not just security interests. It is not limited to consumer transactions, and significantly alters aspects of commercial law and contracts law. It makes fundamental changes to the way in which securities are taken and enforced over most forms of property other than land. Significantly for those in the construction industry, the legislation will affect retention of title clauses and rights over temporary works and a contractor's equipment. Partners Leighton O'Brien, Steve Pemberton and Diccon Loxton and Lawyer Merav Bloch report

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  • Focus: Personal property securities reforms and the mining and petroleum industries

    21 July 2010

    The far-reaching Personal Property Securities Act 2009 (Cth) is due to come into force in May 2011 and businesses operating in the mining and petroleum sectors will be affected. It covers a wide range of transactions, not just security interests. It is not limited to consumer transactions, and significantly alters aspects of commercial law and contracts law. Partners David Maloney and Diccon Loxton report on how the changes will affect the mining and petroleum industries

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  • Focus: Personal property securities reforms and the communications, media and IT industry

    14 July 2010

    The far-reaching Personal Property Securities Act 2009 (Cth) is due to come into force in May 2011 and companies operating in the communications, media or technology sectors will be affected by the sweeping changes the new legislation will bring to Australia's commercial law. Partners Ian McGill and Diccon Loxton and Lawyer Valeska Bloch report on how the changes will affect those sectors

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  • Audio: PPS coming, ready or not

    18 November 2009

    Personal property securities legislation is now a step closer to being passed by Federal Parliament. It's time for organisations to start to get ready. Allens Partner Diccon Loxton speaks to Boardroom Radio on how this legislation will affect a wide spectrum of transactions and businesses, and why organisations need to start thinking now about how they will need to change their policies, systems, documentation and training

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  • Focus: Personal property security reform

    1 September 2009

    A Senate Committee has released its report on the Personal Property Securities Bill 2009 that will significantly alter financial and commercial law and procedures in Australia. Partners Diccon Loxton and Catherine Parr report

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  • Client Update: Personal property securities reform

    26 June 2009

    Among a blizzard of significant new legislation, the Federal Government has introduced into Parliament the Personal Property Securities Bill 2009. Implementation may be delayed until 2011 rather than the original 2010, but its effects are so extensive you will need to start considering it now. Partners Diccon Loxton and Catherine Parr look at the new legislation

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