The personal property legal regime has produced many complexities for practitioners. This session examines the key problem areas within the PPSA, with a focus on its practical application in real world situations. It covers:

• Understanding the range of commercial transactions captured under the PPSA
• Priority issues and the Personal Property Securities Register
• Understanding registration - Who can obtain and register a security interest and dealing with conflict between registrable and no-registrable interests?
• Determining priority time and attachment time
• Impact on insolvency laws – the relation back dilemma presented by PPSA
• Unfair preference and the PPSA intersect – registration of leases
• Commercial consignments – what is the current position?
• Defective registration – the finer detail with big impacts
• Case update:
  • OneSteel Manufacturing Pty Ltd (administrators appointed) (2017) NSWSC 21
    • register against correct identifier - ABN or ACN?
  • Allied Distribution Finance v. Samwise Holdings Pty Ltd [20178] SASC 163
    • when does a debtor obtain possession as a "grantor"?
  • Scottish Pacific v. PPSR [2017] FCA 1378
    • when can I have registration mistakes fixed by the registrar?
  • Hughes v. Pluton Resources Ltd [2017] WASCA 213
    • what priority does a security interest have in property acquired by a grantor after commencement of insolvency?