Curtin University Homepage
  • Library
  • Help
    • Admin

    espace - Curtin’s institutional repository

    JavaScript is disabled for your browser. Some features of this site may not work without it.
    View Item 
    • espace Home
    • espace
    • Curtin Research Publications
    • View Item
    • espace Home
    • espace
    • Curtin Research Publications
    • View Item

    Registration errors, priority rules and the policy behind the PPSA: In pursuit of certainty or fairness?

    Access Status
    Fulltext not available
    Authors
    Widdup, Linda
    Date
    2016
    Type
    Journal Article
    
    Metadata
    Show full item record
    Citation
    Widdup, L. 2016. Registration errors, priority rules and the policy behind the PPSA: In pursuit of certainty or fairness? Australian Business Law Review. 44: pp. 175-187.
    Source Title
    Australian Business Law Review
    ISSN
    0310-1053
    School
    Curtin Law School
    URI
    http://hdl.handle.net/20.500.11937/39549
    Collection
    • Curtin Research Publications
    Abstract

    The promotion of commercial certainty is perhaps the most significant interpretive policy of the Personal Property Securities Act 2009 (Cth) (PPSA). To reflect this policy, the PPSA creates a full range of priority rules to address competing security interests in personal property. The dominant feature of the PPSA regime is the Personal Property Securities Register which houses a record of security interests in personal property. Maintaining the integrity of this register is of paramount importance. Commercial certainty is furthered by applying strictly the priority rules to ensure that third parties who rely on the register are protected. To this end, registration errors should not easily be forgiven. This article will illustrate the importance of maintaining the integrity of the register and assess recent case law to reveal that courts are overlooking this in favour of reaching a fair result for a secured party who made a registration error.

    Related items

    Showing items related by title, author, creator and subject.

    • The Personal Property Securities Act 2009 (Cth) - Where is the fraud exception?
      Widdup, Linda (2017)
      Torrens system legislation promotes the principle of indefeasibility of title by upholding the conclusiveness of the land titles register. Nevertheless, fraud on the part of a registered proprietor is specified by the ...
    • Crime and residential security shutters in an Australian suburb: Exploring perceptions of ‘Eyes on the Street’, social interaction and personal safety
      Cozens, Paul; Davies, T. (2013)
      The use of crime prevention technology continues to expand within the urban environments of post-industrial cities. Target-hardening technologies such as alarms, shutters, bars, gates, walls and CCTV are increasingly being ...
    • Taxes to Promote Alternative Energy
      Pearce, Prafula (2017)
      The transport sector accounts for 92.5 megatonnes (Mt), or 17.1%, of Australia’s annual GHG emissions. Within the transport sector, 83.8% of GHG emissions can be attributed to road transport activities. In 2014, the Climate ...
    Advanced search

    Browse

    Communities & CollectionsIssue DateAuthorTitleSubjectDocument TypeThis CollectionIssue DateAuthorTitleSubjectDocument Type

    My Account

    Admin

    Statistics

    Most Popular ItemsStatistics by CountryMost Popular Authors

    Follow Curtin

    • 
    • 
    • 
    • 
    • 

    CRICOS Provider Code: 00301JABN: 99 143 842 569TEQSA: PRV12158

    Copyright | Disclaimer | Privacy statement | Accessibility

    Curtin would like to pay respect to the Aboriginal and Torres Strait Islander members of our community by acknowledging the traditional owners of the land on which the Perth campus is located, the Whadjuk people of the Nyungar Nation; and on our Kalgoorlie campus, the Wongutha people of the North-Eastern Goldfields.