Question 1
(a)
Australian laws relating to personal property securities (“PPS”) have been messy for years, based on often incomplete state records which have never been centralised. The major rationales for the reforms are that the previous laws were inflexible, outdated, and prevent product innovation.[1] Personal property incorporates intellectual property , an important repository of wealth in the 21st century.
This causes a need to incorporatefor flexible and modern laws which encourage consumers and producers to “conveniently … raise finance …on the security of such property”[2] which encourage investment which in turn leads to the creation of wealth.
The old PPS laws are majorly derived from 19th century legislation
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All the transactions even those which are not treated as a security interest will have to be treated the same. As a result, the levels of transparency and certainty on third parties would be improved. The PPS reforms have ensured that there is a national electronic register which will cater for all security interests in personal property. The register will be used as a notice board of the “registered personal securities” thus not providing conclusive evidence of priority.[15]
The PPS Act has affected securities granted in regard to leases, hire purchase agreements, chattel mortgages, floating and fixed charges, and to consignments of agreements and goods that incorporate title retention among others. Another major feature of the PPS Act reform is perfection to prioritize security interests over other related security interests through control, possession, and registration.[16] For instance, contracts negotiability and assignability of contracts have been changed and made more effective. The concept of security interest has been broadened to the extent of including traditional securities such as mortgages and charges.[17] which will allow the borrowers to be in a position to get funds. The
This essay is about the land rights of of Australia and how Eddie Marbo was not happy about his land been taken away from him. In May 1982 Eddie Marbo and four other people of the Murray Islands began to take action in the high court of Australia and confirming their land rights. Eddie Marbo was a torres islander who thought that the Australian laws were wrong and who went to fight and try and change them. He was born in 1936 on Mer which is known as Murray Island. The British Crown in the form of the colony of Queensland became of the sovereign of the islands when they were annexed in1978. They claimed continued enjoyment of there land rights and that had not been validly extinguished by the sovereign. (Australian Bureau of Statistics
In this paper, we evaluate the various applications of Australian Intellectual Property (IP) law. Special attention is given in its application in the performance of copyrighted songs in private commercial facilities, registration of new designs as well as patent ownership while in contractual employment.
The PPS Act enables an "interested person" to require a secured party (such as FleetPlus) to provide information about its security interest. Examples of "interested person” includes a person with another security interest in the secured property and any execution creditor with an interest in the secured property.
As our society moves further into the 21st century, the rising costs associated with lengthy and often ineffective litigation, accompanied with a need to reduce burdens forced upon our legal system has allowed for a notable shift away from courts as the primary means of dispute resolution. Historically, it has been largely up to the parties themselves to identify issues in dispute, to then be later adjudicated in an appropriate court. As the efficient and effective nature of alternative dispute mechanisms are perceived more and more within the public and private realm, parties will continue to look towards alternative dispute resolution as a way to the future. The NSW Department of Fair Trading facilitates access to justice by safeguarding the rights of all consumers in a variety of different purchasing transactions, and importantly provides dispute resolution services directly to
Some of the most relevant arguments presented by the plaintiff and defendants for this case are highlighted below. The arguments specifically form a basis for the laws presented in the previous section.
The Personal Property Securities Register (PPSR) commenced operations on 30 January 2012. The PPSR is the single, national register where details of security interests in personal property can be registered and searched.
Following on Rodin’s lawyer-homeowner example, one could point to the “moral importance of the benefits that accrue to society as a whole from the practice of managing assets so as to maximize returns.” Rodin continues, saying that such a practice helps to achieve the most economically efficient distribution of resources, which benefits the society as a whole. As an example he considers the case where maximization of returns by converting the building would increase underlying capital value that may be used for further investment. This, in turn would generate additional employment and tax revenue that may be used for health care, education, and other public goods. He ends with saying that this is the primary rationale behind the institution of competitive capitalism as a
The topic I have decided to explore from this week's reading is the assertion that private property rights are a barrier to economic growth. I agree that having a well documented and enforceable system is necessary in protecting one's personal property rights, however the reading seems to believe that landowners are disadvantaged because they cannot secure loans against their property. In the reading, it is reported that Egypt has $240 billion dollars tied up in what he refers to as "dead capital". (De Soto, 2000).
In order to determine as to whether or not News Australia Holdings Pty Ltd, is indeed a non-reporting entity, direct attention must be drawn to SAC1, “Definition of the Reporting Entity”, as issued by the Australian Accounting Standards Board. SAC1, defines a reporting entity, as an economic entity, in which it is expected that a substantiated group of users, rely on an entity’s general purpose financial reports. Such reliance on general purpose financial reports, as defined in SAC1, paragraphs 12 & 15, are deemed important by dependent external users, as they affect evaluative decisions with regards to the allocation of monetary resources.
Most of the time when you buy or sell a home, there is no reason to involve an attorney, but there are several situations where you would be foolish not to consult with one. Real estate laws can be complex, and you can't expect to understand all of them. The following are four situation where you should have the assistance of a real estate lawyer.
Additionally security is the thing that financial analysts call a typical decent a decent where interest increments with wage. Along these lines as social orders get to be wealthier through business sector trade and monetary opportunity security increments. The other two powers for security might likewise prompt increments despite the fact that this is in no way, shape or form certain however the part of business sectors is central. In examining regulation and tort law I will contrast each with the business sector. I then talk about connections in the middle of regulation and tort law. All through the dialog I stretch the part of questionable products that both expand and lessening wellbeing.
The ideology behind what private property represents and conveys through the theories of both Locke and Marx's results in contrasting views. Locke heavily stresses the blending of labor and common land to create private property to increase one’s wealth. Liberty and livelihood under Locke’s theory is tied to the ability of an individual to control the use of their private property. Marx’s theory strongly contends that the bourgeoisie has gained control of the profit making private properties leaving the working class in a stage of exploitation. Marx’s conclusion then is to set private property in the hands of the people in hopes of creating universal economic equality. Respectively each thesis places governments, labour and religion
Bisacre, J. R. and McFadzean, C. (2011) Company law, Law essentials, Dundee: Dundee University Press.
The LRA 2002 replaces and repeals the Land Registration Act 1925 in its entirety. However, the same principle which also applied in 2002 Act. Law based on these three principles. The “Mirror principle” provide that by the register should reflect or reflect all the rights and interests of the registered land titles. The "curtain principle" which is purchasers need look no further than the register and are not concerned with trusts. The “Insurance Principles” is a simple, if the title is officially registered which is supported by the statutory scheme of national security and compensation. Both the 1925 and 2002 LRA embodied these principles, though the 2002 Act is more determined in its pursuit of the mirror and curtain principles.
The aim of the report is to satisfy the requirements outlined by the assignment brief, to gain a thorough understanding of the need for property rights and the Torrens Title System. Whilst critically assessing the strengths and weaknesses of the system and the effect of the Torrens