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

61 Pages Posted: 16 Jan 2011  

Patrick Quirk

Ave Maria School of Law; Thomas More Law School; Bond University School of Law

Date Written: 2008

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.

Keywords: Personal Property Securities

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: https://ssrn.com/abstract=1741273

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

Thomas More Law School ( email )

Level 20, Tenison Woods House, 8-20 Napier St
North Sidney, NSW 2060
Australia

Bond University School of Law ( email )

Gold Coast, QLD 4229
Australia
+61 7 55 95 1111 (Phone)
+61 7 55 95 2246 (Fax)

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