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The latest issue of the Journal of Banking and Finance Law and Practice (Volume 26 Part 2) contains the following material:

Articles

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.

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It might be yours there but it’s not down here: Issues arising under the PPSA in cross-border transactions Stephanie Derrington

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.

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Sections

BANKING LAW AND BANKING PRACTICE

  • Banking practice, clearing house rules and a payment gone wrong
  • Bank fees class action in Australia fails before full Federal Court

COMMERCIAL AND FINANCE LAW

  • Guarantees of prior debts
  • An hawala and a trust walk into a shop: An Australian perspective

WEALTH MANAGEMENT

  • When is an express trust constituted? Korda v Australian Executor Trustees

INSOLVENCY LAW AND MANAGEMENT

  • Extensions of shelf life of voidable transactions claims – Recent High Court decisions

RECENT PUBLICATIONS

TOKYO

  • Assignee who has acquired loans receivable covered by a revolving guarantee before guaranteed obligations are fixed may demand payment from guarantor

UNITED KINGDOM AND EUROPE

  • Insisting on a modern approach to compensation in commercial trust cases

CANADA

  • 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.

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