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

61 Pages Posted: 16 Jan 2011

See all articles by Patrick Quirk

Patrick Quirk

Australian Catholic University; St Mary's College

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)

Australian Catholic University ( email )

1100 Nudgee Rd
Banyo QUEENSLAND, Queensland 4014
Australia

St Mary's College ( email )

871 Swanston Street
Parkville VICTORIA, 3052
Australia

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