1. Introduction
The Personal Property Securities Act 2009 (Cth)
(PPSA) affects the giving and taking of security
interests over assets (other than land and certain leases). It has
been in force in Australia since January 2012. However, many
businesses remain unaware of the PPSA or are not clear how it
affects their business.
In February, we looked at the effect of the PPSA on equipment
hire arrangements. Whilst there may be elements of overlap between
equipment hire and construction contract arrangements, we feel that
construction issues deserve specific attention and we outline some
common scenarios and consider the implications.
This briefing paper seeks to answer some key PPSA related
questions that may be pertinent to the Australian construction
industry.