Construction & Real Estate

Contact: David Rodighiero and Michael Elliott; Carter Newell (Queensland, Australia)

The introduction of the Personal Property Securities Act 2009 (Cth) (PPSA) has been one of the most significant law reforms in recent times. The enactment of the PPSA has attempted to streamline the operation of personal property securities laws in Australia, replacing a number of existing State and Territory laws, and creating one register for personal property securities Australia wide.  The enactment of the PPSA has seen relatively little judicial consideration with respect to its operation, which has left practitioners' guessing as to how the courts would interpret its strict requirements.   

The Supreme Court of New South Wales recently handed down a landmark decision concerning priority disputes arising under the PPSA. The decision is particularly helpful for those entities in the business of leasing and hiring goods.

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