*Please note that the links to the content in this Part will direct you to Westlaw AU.
The latest issue of the Journal of Banking and Finance Law and Practice (Volume 26 Part 2) contains the following material:
Agricultural security interests under the PPSA – Matthew Broderick and Nick Humzy-Hancock
The Personal Property Securities Act 2009 (Cth) has modernised the law of security interests over agricultural personal property, with particular emphasis on crops and livestock. It has replaced State and Territory bill of sale, crop, wool, and livestock legislation, which dates back to the 19th and 20th centuries. Whilst the legislative reinvigoration of this area of law is welcome, this article analyses whether the new provisions facilitate the needs of farming enterprises and financiers in current times.
As a relatively new piece of legislation, the Personal Property Securities Act 2009 (Cth) (PPSA) is yet to be the subject of much significant judicial consideration. Whilst the position of the Australian courts is becoming clearer in relation to domestic disputes, parties to cross-border transactions continue to encounter an alarming number of uncertainties with respect to the enforcement and maintenance of their security interests. This article considers the relevant problematic provisions of the PPSA and considers them in light of the authorities dealing with corresponding legislation in other jurisdictions. It then attempts to provide some guidance and suggestions as to the best means of protecting security interests in cross-border transactions.
- Banking practice, clearing house rules and a payment gone wrong
- Bank fees class action in Australia fails before full Federal Court
- Guarantees of prior debts
- An hawala and a trust walk into a shop: An Australian perspective
- When is an express trust constituted? Korda v Australian Executor Trustees
- Extensions of shelf life of voidable transactions claims – Recent High Court decisions
- Assignee who has acquired loans receivable covered by a revolving guarantee before guaranteed obligations are fixed may demand payment from guarantor
- Insisting on a modern approach to compensation in commercial trust cases
- The lawyer’s duty of commitment to the client’s cause: Protecting the psychological conditions necessary for the solicitor-client relationship to form
For the pdf version of the table of contents, click here: JBFLP Vol 26 No 2 Contents.