Case Update – Personal Property Securities Act 2009 (Cth), Retention of Title Clauses and PMSI’s

By Ying Ying Tay • In Commercial LawComments Off on Case Update – Personal Property Securities Act 2009 (Cth), Retention of Title Clauses and PMSI’s

While registration on the PPSR is essential to perfect a supplier’s interest pursuant to a Retention of Title clause (click here for an article we have prepared which discusses this concept further), such registration will be defective if the underlying transaction documents are ineffective or contain a defect. The recent

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The Effect of the Personal Property Securities Act 2009 (Cth) on Retention of Title Clauses

By Ying Ying Tay • In Commercial LawComments Off on The Effect of the Personal Property Securities Act 2009 (Cth) on Retention of Title Clauses

Retention of Title Clauses pre-PPSA It is usual industry practice for suppliers to include retention of title (ROT) clauses in their contracts so that title to the goods will not pass until the full purchase price for the goods has been paid. Prior to the enactment of the Personal Property

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The Demise of Paper Certificates of Title and the Future of E-Conveyancing

By Ying Ying Tay • In Property LawComments Off on The Demise of Paper Certificates of Title and the Future of E-Conveyancing

With the introduction of Torrens title system, indefeasibility of title to property is established through the act of registration on the Title Registry (s37 of the Land Title Act 1994 (Qld) (“LTA”)). As such, title is no longer established by tracing the chain of previous title holders. The introduction of an

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