Home >
Law >
Securities >
Australian Personal Property Securities Law, 4th edition

Australian Personal Property Securities Law, 4th edition

Author: Anthony Duggan
Publisher: LexisNexis Australia
ISBN: 9780409360486
Published In: October 2024
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author

Details

A comprehensive analysis of secured lending law, its policy underpinning and its application in practice including an account of the proposed statutory reforms

This 4th edition has been written with the proposed amendments to the Personal Property Securities Act specifically in mind. The main focus of the text is on the legislation as it currently stands, but a new section has been added at the end of each chapter providing a critical analysis of the main reforms relevant to the chapter. These include:

removal of chattel paper as a class of personal property in its own right
the proposed new distinction between ‘individual” and “body corporate” grantors for registration purposes
the proposed new collateral description requirements for both security agreements and registrations
clarification of the attachment requirements in their application to retention of title and other arrangements
the proposed reforms of the provisions governing investment instruments and intermediated securities
the proposed new registration amendment demand procedure
the proposed changes to the PMSI definition and the PMSI priority rules
the proposed exclusion from PPSA, Ch 4 (enforcement) of transactions to which the NCC applies

Features

Each chapter has been substantially updated to include a critical analysis of the proposed statutory reforms, discussion of recent cases and revised analysis in areas, such as:

transfers of collateral
the meaning of ‘serial-numbered collateral’
the distinction between a security and outright transfer of accounts
seizure (repossession) of collateral
Corporations Act, s.588FL

1. Introduction
2. Personal property and its classifications
3. Scope of the statute
4. Writing requirements and attachment
5. Perfection
6. Registration
7. Priorities: The Basic Rules
8. Purchase-Money Security Interests
9. Accessions, commingled goods and agricultural interests
10. Transfers of collateral
11. Proceeds
12. Default rights and remedies
13. Insolvency and the PPSA
14. Conflict of laws
15. Transitional provisions
16. International and Comparative Aspects

Anthony Duggan

Anthony Duggan BA (Melbourne), LLB (Hons)(Melbourne), LLM (Toronto), LLD (Melbourne), Barrister and Solicitor of the Supreme Court of Victoria, is the Hon. Frank H. Iacobucci Chair and Professor Emeritus at the Faculty of Law in the University of Toronto, Canada.