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ARTICLE · 02 MAY 2014

PPSA Focus: Construction Industry

This briefing paper aims to answer some key PPSA related questions pertinent to the Australian construction industry.

AustraliaCorporate/Commercial Law
Louis Van Aardt (Previously With Kott Gunning)
Louis Van Aardt (Previously With Kott Gunning)
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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.

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