Fixtures and the Personal Properties Act 2009 (Cth) - Maintaining the status quo

This article is the first in a 3 part series by the author discussing whether the exclusion of fixtures from the scope of the PPSA is appropriate.

The second article will analyse why both the NZ and Australian drafters elected to exclude fixtures from their respective personal property securities legislation and the third article will suggest possible amendments to the PPSA and consider how secured parties can protect their interest in fixtures after the implementation of the PPSA.

1. Introduction

The law regulating the priorities of interests in fixtures is complex and, in many areas, uncertain. ¹ The law has developed in an inconsistent fashion largely because each case is decided on its facts.²