Secured Transactions

Subject LAWS70375 (2011)

Note: This is an archived Handbook entry from 2011.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2011:

July, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Not available
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Coordinator

Prof Anthony Duggan

Contact

For more information, contact the Melbourne Law Masters office.

Email law-masters@unimelb.edu.au or phone +61 3 8344 6190.

Alternatively, visit our website:

www.masters.law.unimelb.edu.au

Subject Overview:

This subject involves a study of the Personal Property Securities Act 2009 (Cth) (PPSA). The PPSA is based in part on Canadian provincial personal property security laws and these, in turn, derive from Article 9 of the United States Commercial Code. The New Zealand Personal Property Securities Act 1999 is likewise based on the Canadian legislation, though it follows the Canadian model more closely than does the Australian PPSA. Selective use will be made in the course of Canadian and New Zealand case law and other materials to help inform students on the likely application of the Australian PPSA.

Principal topics will include:

  • Aims and objectives of the PPSA
  • Scope of the PPSA
  • Validity, enforceability and attachment of security interests
  • Perfection of security interests and the consequences of non-perfection
  • Registration of security interests
  • Competing claims to collateral: The basic PPSA priority rules, purchase-money security interests and buyers in the ordinary course of business
  • The secured party’s claim to collateral proceeds
  • Secured creditors’ remedies.
Objectives:

A student who has successfully completed this subject should:

  • Understand the key principles and polices underpinning the Personal Property Security Act 2009 (Cth) (PPSA)
  • Be familiar with the scope and application of the PPSA
  • Be able to apply the PPSA in a range of factual contexts involving competing claims to collateral and the enforcement of security interests against debtors in default.
Assessment: Visit the Melbourne Law Masters website for more information about this subject.
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date

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