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Australian Personal Property Securities Laws Essay

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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 The major rationales for the reforms are that the previous laws were inflexible, outdated, and prevent product innovation.[1] Personal property incorporates intellectual property , an important repository of wealth in the 21st century.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 …show more content…

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

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