Expertise

Personal Property Securities Act

Our team advises on the application of the Personal Property Securities Act 2009 (Cth) (“PPSA”) to fulfill compliance obligations across many areas of your business and, importantly, commercial contracts.

The intent of the PPSA was to create a uniform body of rules and a single national register. The PPSA has replaced a myriad of existing Commonwealth, State and Territory Law and registers for security interests. Consequently, the PPSA has affected the way many industries do business.

We advise clients, small and large, on the implications of the PPSA in relation to its application across commercial contracts, property, intellectual property, construction, banking and finance, insolvency and disputes.

Cowell Clarke's PPSA specialists can assist in relation to all aspects of the PPSA including considering its application to a business, updating terms and conditions and training on the use of the Personal Property Securities Register (“PPS Register”).

Expertise

  • practical procedures that need to be introduced to a business to help manage implications of the PPSA
  • practical guides regarding the registration, amending and discharging of a security interest on the PPS Register
  • training staff who will be undertaking registrations and searches on the PPS Register
  • preparation of, or amendment to, any terms and conditions requiring compliance with the PPSA
  • preparation of, or review and advice in relation to PPSA security documents including General Security Agreements
  • disputes where registrations are challenged by insolvency practitioners
  • advising insolvency practitioners on matters including which assets are available to them following an event of administration or liquidation
  • training of insolvency practitioners to enable them to increase their knowledge and skills of the PPSA
  • advising on or dealing with disputes regarding the PPSA commercially and efficiently

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