Commercial lawyers. Commercial results.



Protection under the Personal Property Securities Act 2009 (Cth) of security interests created by ROT arrangements

This article deals with retention of title (ROT) arrangements involving personal property in certain serial number goods (for example motor vehicles) or in goods for commercial purposes (collateral).

High Court affirms directors’ duties

High Court affirms directorsduties

In ASIC v Hellicar [2012] HCA 17 the High Court reaffirmed the duties imposed on directors by the Corporations Act 2001.  ASIC had prosecuted the directors, company secretary and general counsel of James Hardie Industries for making misleading statements to the market in 2001. 

The New Personal Securities Legislation

The Personal Property Securities Act 2009 (Cth)

The Personal Property Securities Act 2009 (Cth) (PPSA) came into operation early in 2012.  The PPSA established a single comprehensive national scheme for registering security interests in most forms of personal property (ie property other than land).  It covers personal property owned by individuals and by organisations.