Oceania: Finance and Banking

The recent NSW Civ­il and Admin­is­tra­tive Tri­bunal deci­sion in Nichol­son v The Own­ers – Stra­ta Plan No 104042 [2025] NSW­CATCD 202 pro­vides impor­tant...

The Personal Property Security Act (PPSA) is a comprehensive legal framework designed to regulate the creation, registration and enforcement of security interests in personal property across various jurisdictions, such as Canada, Australia and New Zealand. Its primary goal is to establish clear rules for how lenders and borrowers can secure loans using personal assets, ensuring transparency and predictability in commercial transactions.

We recently examined how fraud can undermine indefeasibility and the resulting risks for lenders. You can read that article here: Indefeasibility of title - legal certainty in an age of rising fraud. This article analyses the High Court of Australia’s decision in Stubbings v Jams 2 Pty Ltd [2022] HCA 6, which remains the leading authority on responsible lending practices, notwithstanding the passage of four years since judgment.