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ARTICLE · 07 JULY 2018

PPSA: Financiers new tactic to sidestep

The PPSA may have succeeded in creating more uncertainty and difficulty than ever existed prior to its introduction.

AustraliaInsolvency/Bankruptcy/Re-Structuring

The knight in rusty armour

It seems hard to believe that as you read this, it will have been around six and a half years since the Personal Properties Securities Act 2009 (PPSA) was introduced in 2012. I recall in the build-up to the launch of this new legislation statements being touted such as "making security claims black and white", "simplifying the law in regard to securities" and even as far as "the biggest piece of legislation since the introduction of the GST". So how far has the PPSA really gone in achieving its goals and objectives, or is it not all it's cracked up to be?

As an insolvency practitioner, I think the PPSA has succeeded in creating more uncertainty and difficulty than ever seemed to exist prior to its introduction. I have little doubt that it has also succeeded in delivering substantial losses to financiers who before the PPSA would have generally had little to worry about when an insolvency practitioner was appointed. Before 2012, I

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