Author Archives: Anne Wardell

About Anne Wardell

Anne Wardell is Editorial Content Manager at CCH and co-administrator of the Law Chat site.

Consequences of an unperfected PPSA security interest when an insolvency event occurs

A recent case decided in the Supreme Court of Western Australia should serve as a reminder to creditors of the consequences which can occur when a security interest is not perfected under the Personal Property Securities Act 2009 (PPSA) in a timely manner. The case is White v Spiers Earthworks Pty Ltd [2014] WASC 139 and it involved a hire agreement for certain earthmoving equipment. The facts were agreed and are as follows: The facts are agreed. In 2010 the … Continue reading

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2014 Annual Jessie Street Luncheon address by Senator Penny Wong

On Friday 11 April 2014 Senator Penny Wong delivered the address at the 2014 Annual Jessie Street Luncheon.  During the speech, Senator Wong discussed what it means to be a feminist and where we are at with gender equality today. A copy of her speech is available here.

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Shake-up in manufacturing and decline in mining lead to increase in Personal Insolvencies in Vic and WA, AFSA stats

The restructuring of the manufacturing industry in Victoria with the major automotive giants winding down vehicle production in Australia, and the decline in the mining industry in Western Australia are the most probable causes for the increase in personal insolvency activity by 15.21% in Victoria and 19.4% in WA, according to Pitcher Partners National Personal Insolvency Practice partner Gess Rambaldi. This is the view expressed by Mr Rambaldi in a media release issued on 9 April 2014. The full media release … Continue reading

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No room for equity in Canadian PPSA

A recent Canadian decision has reinforced that the Personal Property Securities regime is unforgiving and there is no room for equity to correct mistakes, In KBA Canada, Inc v Supreme Graphics Limited 2014 BCCA 117 the Canadian Court of Appeal for British Columbia, constituted by Low, Neilson and Groberman JJ, held that the Personal Property Security Act applied and could not be overridden by courts on equitable grounds. The issue on appeal was whether the Supreme Court could exercise equitable … Continue reading

Posted in PPS | 1 Comment

The Root and Branch Panel Members and Final Terms of reference announced – a clear way forward? by Bob Baxt

On Thursday 27 March the Honourable Bruce Billson, Minister for Small Business, released the names of the four members of the Panel that has been appointed to undertake the ‘root and branch’ review of competition law and policy. This had been previewed by draft Terms of Reference released in December 2013. This is the opening paragraph of a thought piece written by Bob Baxt, Emeritus Partner at Herbert Smith Freehills and long-time consultant for CCH about emerging areas of the law. The … Continue reading

Posted in Competition and Consumer Law | Leave a comment

Narrowing of definition of motor vehicle in PPSA

On 1 July 2014 reg 1.7(2)(b) of the Personal Property Securities Regulations 2010 will be amended as follows: ‘(b) is capable of a speed of at least 10 km/h; and (ba) has one or more motors that have a total power greater than 200 W; and’ The replacement of the word ‘or’ with the word ‘and’ narrows the definition and reduces the number of goods that are motor vehicles for the purposes of the Personal Property Securities Act 2009 (PPSA). … Continue reading

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Proposed amendment to operation of PPSA leases

On 19 March 2014 the Attorney-General, Senator Brandis, introduced the Personal Property Securities Amendment (Deregulatory Measures) Bill 2014 into the House of Representatives. The bill seeks to amend the Personal Property Securities Act 2009 (PPSA) to amend the provisions relating to leases of serial numbered goods. The Explanatory Memorandum provides the following general outline to explain the purpose of the bill: ‘This Bill proposes to amend the Personal Property Securities Act 2009 (the PPS Act) so that leases of serial … Continue reading

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Departure from the ordinary rule as to costs

The public interest factor is but one factor which may lead to the court making costs orders in which the successful party is deprived of some of the costs to which it would ordinarily be entitled. Nevertheless even if litigation is commenced in the public interest there is no immediate grant of an immunity from costs. The weight to be given to that factor will depend on many circumstances. In Gondarra v Minister for Families, Housing, Community Services and Indigenous … Continue reading

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Evidence; standard of proof in abuse of process case

Section 140 of the Evidence Act 1995 (Cth), dealing with matters of proof, assumed particular importance in the appeal wherein a majority of a full court of the Federal Court (Mansfield and Gilmour JJ) overturned the abuse of process decision made at first instance in the Ashby v Slipper sexual harassment case: Ashby v Slipper [2014] FCAFC 15. Section 140 provides that, in a civil proceeding, the court must find the case of a party proved if it is satisfied … Continue reading

Posted in Courts, Evidence | Leave a comment

Perfected transitional security interest claim rejected

Do you have an adequate security interest in goods supplied on credit terms? The recent decision of Ferguson J of the Supreme Court of Victoria in Central Cleaning Supplies (Aust) Pty Ltd v Elkerton [2014] VSC 61 provides a timely reminder of how differently retention of title clauses are dealt with under the Personal Property Securities Act 2009 (PPSA) than under the previous system. Central Cleaning (Central) was unsuccessful in establishing it had a perfected transitional security interest in equipment … Continue reading

Posted in PPS | 1 Comment

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