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

Derrington, Stephanie (2015) It might be yours there but it’s not down here: Issues arising under the PPSA in cross-border transactions. Journal of Banking and Finance Law and Practice, 26, pp. 97-106.

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Abstract

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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ID Code: 85131
Item Type: Journal Article
Refereed: Yes
ISSN: 1034-3040
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)
Divisions: Current > Research Centres > Commercial & Property Law Research Centre
Current > QUT Faculties and Divisions > Faculty of Health
Current > Schools > School of Law
Copyright Owner: Copyright 2015 Thomson Reuters (Professional) Australia Limited
Deposited On: 12 Jul 2015 22:49
Last Modified: 13 Jul 2015 21:37

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