Australia: PPSA - what difference does it make? (Part 2)

The January 2018 edition of the Australian Banking & Finance Law Bulletin (a LexisNexis publication) contains an article by Scott Guthrie entitled ' PPSA - what difference does it make? (Part 2)'.

This article is the second in a two-part series in which Scott explores the extent to which the old laws concerning the taking and registration of security in personal property have been impacted by the Personal Property Securities Act 2009 (Cth) (PPSA). Scott notes that the way in which the PPSA rules are to be applied, and the degree to which they represent a departure from previous law, are matters for interpretation by the courts. You can read Part 1 of the series here.

In this article Scott explores the case of Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liq) (recs and mgrs apptd), which was considered by the Supreme Court of Western Australia last year.

This article is intended to provide commentary and general information. It should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this article. Authors listed may not be admitted in all states and territories