Recent fundamental changes to Personal Property Securities (PPS) law in Australia have resulted in a single national law with clear rules for creating valid security interests and comprehensive and coherent priority rules for competing security interests. These reforms, as well as those due to commence in Papua New Guinea in 2013, represent significant changes to how businesses approach PPS. Gadens’ PPS team is committed to demystifying these reforms with practical and commercial advice, individually tailored to our clients’ business.
We provide clients with clear advice on how they should approach and protect themselves as a result of the reforms with regard to traditional financing arrangements, hire purchase agreements, lease arrangements, conditional sale agreements, commercial consignments, factoring of book debts and retention of title arrangements.
Our clients come from a wide range of industries and include financial services, agriculture, corporate trusts, automobile, construction and commercial leasing. As such we have an advanced legal and practical understanding of PPS law and the risks associated to businesses that operate in different industries in Australia and Papua New Guinea.
We regularly advise general counsels, lawyers, company secretaries, business owners and credit officers on how the PPSA affects their business and the policies, procedures and amendments to contracts they should implement to protect their interests. Our primary focus is on how our clients are best able to utilise the priority rules under the PPSA, to limit competing creditors claiming a security interest in assets which is in priority to our clients.
- Amending security agreements, supply agreements, trade agreements, hire purchase agreements and lease agreements to be PPS compliant.
- Providing advice and recommendations to ensure that the interests of secured parties are protected.
- Advising on the Personal Property Security Register in relation to searches and registration.
- Providing advice on PPS priority arrangements or disputes.