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ARTICLE · 23 APRIL 2012

PPSA and Fixtures - Can the problem be fixed?

Thynne & Macartney
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This article is the final instalment discussing if the exclusion of fixtures from the scope of the PPSA is appropriate.

AustraliaFinance and Banking
Insolvency And Restructuring
Insolvency And Restructuring
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This article is the final instalment in a 3 part series by the author discussing whether the exclusion of fixtures from the scope of the PPSA is appropriate.

The first article discussed the common law rules relating to fixtures and the Canadian mechanism for overcoming the issues associated with those common law rules.

The second article analysed why both the NZ and Australian drafters elected to exclude fixtures from their respective personal property securities legislation.

1. Introduction

The Personal Property Securities Act 2009 (Cth) (PPSA) commenced on 30 January 2012. The PPSA is largely based on Canadian1 and New Zealand2 (NZ) interpretations of the American Article 9 regime.3

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