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Whither Australian Secured Transactions Laws: From the English System to the PPSA?


Patrick Quirk


Ave Maria School of Law; Bond University School of Law
2008

Thomas Jefferson Law Review, Vol. 31, No. 2, pp. 219-278, Spring 2009

Abstract:     
This article explores the PPSA reform’s history and describes the present state of the system, as well as its uncertainties. Major proposals are analyzed, including the essential move from form based to substance-based collateral classification, the fate of the floating charge, and special issues relating to agriculture, intellectual property, governing law, and enforcement.

While the overall reform is judged favorably, codification and subsequent modification does not always result in undeniable improvements in the law.

Legislators, judges, and lawyers alike must guard against code-generated inflexibility and
confusion.

Number of Pages in PDF File: 61

Keywords: Personal Property Securities

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Date posted: January 16, 2011  

Suggested Citation

Quirk, Patrick, Whither Australian Secured Transactions Laws: From the English System to the PPSA? (2008). Thomas Jefferson Law Review, Vol. 31, No. 2, pp. 219-278, Spring 2009. Available at SSRN: http://ssrn.com/abstract=1741273

Contact Information

Patrick Quirk (Contact Author)
Ave Maria School of Law ( email )
1025 Commons Circle
Naples, FL 34119
United States
(239) 687-5303 (Phone)
(239) 687-5340 (Fax)
HOME PAGE: http://www.avemarialaw.edu
Bond University School of Law ( email )
Gold Coast, QLD 4229
Australia
+61 7 55 95 1111 (Phone)
+61 7 55 95 2246 (Fax)
Feedback to SSRN (Beta)


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