Personal Property Securities Act

PPSA – the Personal Property Securities Act

The Personal Property Securities Act 2009 (Cth) (PPSA) commenced operation on 30 January 2012.

The PPSA established a new regime for the creation, priority and enforcement of security interests in personal property. The PPSA extends the traditional notion of what constitutes a “security interest”. In addition to covering well known security interests such as mortgages, charges and pledges a “security interest” now also includes (for example):

  1. long-term leases of personal property (defined in the PPSA as a “PPS lease”); and
  2. the interest created by a “retention of title” clause.

The centrepiece of the PPSA is the Personal Property Securities Register (PPSR) on which security interests in personal property must be registered. It has fundamentally changed personal property security law such that title in, and ownership of, property is no longer sufficient to preserve an owner’s interest – what matters is registration and the PPSA priority rules. Further, certain security interests, including a PPS lease, are conferred a super priority if they are registered on the PPSR in the required time period.

If you have a “security interest”, you need to get your registrations right. For example, in relation to serial numbered goods, one incorrect number will invalidate the registration of your security interest. We can assist you to understand the registration process and advise on implementing appropriate systems.

If you fail to register a “security interest” in time or at all (this includes incorrect registrations which are invalid), you could lose your interest in your property to other creditors with registered security interests that have a priority over you or, in the event that a corporation goes into voluntary administration or liquidation, to the administrator or liquidator.

Fletcher Law has lawyers experienced in all aspects of the PPSA. We have prepared terms and conditions for a number of clients covering PPSA issues and advised on PPSA disputes.

Based on anecdotal evidence, there seems to be a large number of businesses that have not registered their security interest, have defective registrations or whose interests may have lapsed. We can review your PPSR registrations and advise you whether you are at risk and, if so, what action you can take to try to protect your interests. If you wait until a priority dispute crystallises it will likely be too late.

If a priority dispute does arise, we can advise you of your rights. We have recently been involved in a major dispute between a client and the administrator of a mining services company which went into voluntary administration whilst still in possession of our client’s equipment.

We also refer you to the Publications section of our website where there are materials dealing with PPSA issues in more detail.

Subscribe to our e-newsletter

Diary of a Commercial Lawyer Part 1 – The Pitfalls of Oral Contracts

7th November 2018

Reflecting on some 35 years of experience as a commercial lawyer, one thing in particular stands out: variety.  The extraordinary scope of the issues presented by clients to resolve. Apart from the fact there is nothing better than variety to keep your daily job interesting, 35 years of variables presented to you to deal with... read more

The SAT – reluctant interstate traveller

7th September 2018

Since its inauguration in 2005, the jurisdiction of the State Administrative Tribunal in Western Australia (SAT) has expanded exponentially to include more than 154 pieces of statutory legislation. The appeal of the SAT as a less complex, more informal, less procedurally stringent and expedited manner of dispute resolution has gained momentum and traction among the... read more

Planning approval conditions – are they valid?

24th August 2018

The recent decision of Deputy President, Judge Parry, of the State Administrative Tribunal in Prosser v City of Bunbury [2018] WASAT 41 reminds us of the importance for developers to scrutinise the planning approval conditions imposed, as one or more of the conditions may be unlawful. Local Government may impose various types of planning approval... read more