PPSR Lawyers Melbourne
PPSR Lawyers Melbourne
Protect your business when customers, clients or counterparties owe you money
The Personal Property Securities Register (PPSR) can provide businesses with important protection when they supply goods, provide finance, extend credit or otherwise have a security interest in another party’s personal property.
Whelan Lawyers advises businesses on PPSR registrations, security interests, retention of title arrangements, priority issues and enforcement, helping you structure and document your commercial arrangements to better protect your position.
Whether you are establishing a new security arrangement, reviewing existing PPSR registrations or dealing with a customer in financial difficulty, our lawyers provide practical commercial advice focused on protecting your business.
Need commercial legal advice?
Speak with our commercial lawyers about your PPSR requirements or explore our Commercial Law services.
What is a PPSR?
The Personal Property Securities Register (PPSR) is a national register used to record security interests in personal property.
A properly structured and registered security interest can help protect a business if a customer or counterparty:
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Fails to pay an invoice;
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Becomes insolvent;
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Enters external administration;
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Becomes subject to liquidation or bankruptcy;
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Sells or deals with secured property;
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Defaults under a commercial agreement; or
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Disputes your entitlement to payment or property.
PPSR issues can become particularly important where a business regularly supplies goods or services on credit or relies on contractual rights to secure payment.
The legal and commercial consequences of getting a PPSR arrangement wrong can be significant.
PPSR legal advice for businesses
We advise businesses on the commercial and legal issues that arise when taking or relying on security interests.
Our PPSR lawyers can assist with:
PPSR registrations
We advise on establishing and registering security interests on the PPSR, including identifying the appropriate collateral and ensuring the registration reflects the underlying commercial arrangement.
PPSA advice
We provide advice regarding the Personal Property Securities Act 2009 (Cth) and how the PPSA applies to your commercial arrangements.
Security interests
We help businesses identify when their contractual or commercial arrangements may give rise to a security interest and consider how that interest should be protected.
Retention of title
If you supply goods on credit, a retention of title arrangement may be an important part of your risk-management strategy. We can advise on the contractual and PPSR aspects of retention of title arrangements.
PPSR reviews
Existing registrations should not simply be assumed to be effective. We can review your PPSR position and underlying contracts to identify potential issues with registrations, collateral descriptions, parties or contractual rights.
Priority issues
Where multiple parties claim an interest in the same property, priority can become critical. We advise on the legal and commercial issues that may affect the priority of competing security interests.
Enforcement
When a counterparty defaults, the question becomes what rights you actually have and how those rights can be enforced. We advise businesses on enforcement options arising from secured commercial arrangements.
PPSR and commercial contracts
A PPSR registration is only one part of the broader commercial arrangement.
The underlying contract matters.
Your terms of trade, supply agreement, financing arrangement, retention of title clause or other commercial agreement should properly establish the rights and obligations on which your security position depends.
For this reason, we approach PPSR matters as part of the broader commercial relationship rather than treating registration as an isolated administrative exercise.
We can assist with reviewing or preparing:
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Terms of trade
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Credit arrangements
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Retention of title clauses
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Personal guarantees
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Security arrangements
The objective is to make your contractual protections and PPSR position work together.
Retention of title and PPSR
Businesses that supply goods on credit may use retention of title arrangements to retain an interest in goods until payment has been received.
However, the contractual wording alone may not provide the level of protection a business expects.
The interaction between the contract and the PPSA can be important, particularly if the customer becomes insolvent or deals with the goods before paying for them.
We can assist businesses with:
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Drafting retention of title provisions;
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Reviewing existing terms of trade;
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PPSR registrations arising from retention of title arrangements;
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Identifying potential risks in supply arrangements;
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Reviewing customer credit arrangements; and
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Advising on enforcement following default.
What happens if a customer becomes insolvent?
PPSR protection can become particularly important when a customer experiences financial distress.
If your business has supplied goods, provided finance or otherwise extended credit without properly protecting its position, you may find yourself competing with other creditors or parties claiming an interest in the same property.
The strength of your position can depend on the nature of the underlying arrangement, the contractual documentation, the relevant security interest and whether the interest has been properly perfected.
Early legal advice can be critical.
If a customer is showing signs of financial difficulty, we can assess your contractual and PPSR position and advise on the available options.
Common PPSR issues we advise on
Businesses commonly seek advice when:
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A customer has stopped paying;
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A customer has entered administration or liquidation;
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Goods supplied under retention of title have not been paid for;
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A PPSR registration has expired or may be defective;
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Another creditor claims priority;
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The business is acquiring assets subject to existing security interests;
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A customer disputes your right to recover goods;
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Security documentation does not match the commercial arrangement;
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A business is changing its trading or credit terms; or
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Existing PPSR registrations need to be reviewed as part of a transaction.
PPSR advice for suppliers and growing businesses
PPSR protection can be particularly relevant to businesses that:
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Regularly sell goods on credit;
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Supply equipment or machinery;
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Lease or hire assets;
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Provide finance;
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Operate wholesale or distribution businesses;
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Manufacture or supply products;
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Use retention of title arrangements;
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Provide goods to customers before receiving payment; or
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Have significant amounts owing from commercial customers.
For these businesses, getting the contractual framework right before extending credit or supplying goods can be considerably more effective than trying to recover an unsecured debt after a customer defaults.
PPSR lawyers who understand commercial risk
PPSR issues rarely exist in isolation.
They often sit within a broader commercial relationship involving contracts, credit terms, supply arrangements, guarantees, insolvency risk and potential disputes.
At Whelan Lawyers, our commercial lawyers approach PPSR matters with that broader context in mind.
We help businesses understand what protection they have, what protection they need and where their existing arrangements may expose them to unnecessary risk.
Why Whelan Lawyers?
Senior-led commercial advice
Your matter is handled by experienced legal counsel with a practical understanding of commercial transactions and disputes.
Commercially focused
We consider the commercial objective behind the security arrangement—not simply the technical requirements of registration.
Contract and PPSR expertise
We can consider your PPSR position alongside the underlying commercial contracts, terms of trade and security arrangements.
Practical risk management
Our advice is designed to identify risks early and provide clear options for protecting your business.
Frequently Asked Questions
What does PPSR stand for?
PPSR stands for the Personal Property Securities Register. It is the national register on which security interests in personal property can be registered.
Do I need a lawyer to register a PPSR?
Not necessarily. However, legal advice can be valuable where the underlying transaction is complex or where the effectiveness, priority or enforcement of a security interest is commercially important.
What is the difference between PPSR and PPSA?
The PPSA is the Personal Property Securities Act 2009 (Cth), which establishes the legal framework governing personal property security interests. The PPSR is the register on which security interests are recorded.
Does a retention of title clause protect my business?
A retention of title clause may provide important contractual protection, but the PPSA can affect how that interest operates and whether it is properly protected against third parties. The contract and PPSR position should therefore be considered together.
Can a PPSR protect me if my customer becomes insolvent?
A properly established and perfected security interest may provide greater protection than an unsecured claim, but the outcome depends on the particular circumstances, including the nature and priority of the security interest.
Can you review an existing PPSR?
Yes. We can review your PPSR registrations alongside the underlying contracts and commercial arrangements to identify potential issues and risks.
