LAW 7153 - Personal Property Security Law

North Terrace Campus - Semester 1 - 2016

This course concerns the system for creation and enforcement of security interests over personal property, and as such falls within the areas of banking, commercial, corporate and/or finance law. The course will focus on the Personal Property Securities Act (Cth) 2009, which will implement a new National system for attachment and perfection of security interests, with an online registration system providing rules for notice and priorities. This legislation effects a sea-change in the approach to familiar concepts of common law and equity such as title and charges, and the traditional understanding of 'security', as well as the method, and effect, of enforcement of security. The course involves complex problem-solving and builds on existing undergraduate knowledge of commercial law. The course may cover the following topics and will be taught comparatively in some aspects, drawing on New Zealand and Canadian case law: (i) The history and policy of personal property security legislation (ii) The interaction of PPSA with other Federal and State commercial, property ,and consumer law (iii) The concept and function of security (iv) Policy of registration (v) Validity of security agreements and the rights of the parties (vi) The impact of the PPSA on third parties (vii) PPSA and insolvency (viii) Priorities (ix) Default and enforcement The nature and mix of assessment tasks may vary from year to year according to the format in which the course is taught, and/or the teacher(s) involved.

  • General Course Information
    Course Details
    Course Code LAW 7153
    Course Personal Property Security Law
    Coordinating Unit Adelaide Law School
    Term Semester 1
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Available for Study Abroad and Exchange Y
    Prerequisites LAW 7157 or its equivalent for Bus Law and Non Award students
    Course Description This course concerns the system for creation and enforcement of security interests over personal property, and as such falls within the areas of banking, commercial, corporate and/or finance law. The course will focus on the Personal Property Securities Act (Cth) 2009, which will implement a new National system for attachment and perfection of security interests, with an online registration system providing rules for notice and priorities. This legislation effects a sea-change in the approach to familiar concepts of common law and equity such as title and charges, and the traditional understanding of 'security', as well as the method, and effect, of enforcement of security.
    The course involves complex problem-solving and builds on existing undergraduate knowledge of commercial law.

    The course may cover the following topics and will be taught comparatively in some aspects, drawing on New Zealand and Canadian case law:

    (i) The history and policy of personal property security legislation
    (ii) The interaction of PPSA with other Federal and State commercial, property ,and consumer law
    (iii) The concept and function of security
    (iv) Policy of registration
    (v) Validity of security agreements and the rights of the parties
    (vi) The impact of the PPSA on third parties
    (vii) PPSA and insolvency
    (viii) Priorities
    (ix) Default and enforcement
    The nature and mix of assessment tasks may vary from year to year according to the format in which the course is taught, and/or the teacher(s) involved.
    Course Staff

    Course Coordinator: Associate Professor David Brown

    Course Coordinator: Associate Professor David Brown
    Room 2.20, Ligertwood Building d.brown@adelaide.edu.au
    Phone: 8313 4442
    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    1 This course builds on existing undergraduate knowledge of commercial law. Students who complete this course will have a thorough knowledge of secured transactions legislation generally, and in particular the PPSA. Students will be provided with the knowledge of both conceptual principles and the practical rules that will enable to solve legal problems arising under PPS legislation based on the North American and New Zealand models. The course will provide students with a conceptual framework to understand personal property security legislation.
    2 The course involves complex problem-solving in relation to security transactions.
    3 Participation in discussions in seminars will be encouraged and expected in relation to problem-solving and policy issues.
    4 Presentation, oral and written communication, co-operation.
    5 Students will undertake a written research assignment on a PPSA-related topic to be agreed with the course teachers, and this will equip them to conduct further research in the area.
    6 Comparative analysis of issues in personal property security law.


    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1-6
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    1-6
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    1-6
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    1-6
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    1-6
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    1-6
  • Learning Resources
    Required Resources
    Required text

    Anthony Duggan and David Brown, Australian Personal Property Securities Law (LexisNexis Butterworths, 2nd ed. 2015). Softback.

    The following legislation will need to be referred to throughout the course:

    Personal Property Securities Act 2009 (Cth)- essential to have access to this.

    Corporations Act 2001 (as amended by Personal Property Securities (Corporations and other Amendments) Act 2010

    Personal Property Securities Regulations 2010

    The government website, www.comlaw.gov.au and the PPSR (Attorney-General’s) website, www.ppsr.gov.au are sources for retrieving the legislation. The ppsr website contains a wealth of introductory information about the PPSA and the Register. Legislation can also be purchased, either online or from the SA Government Service Centre in North Terrace.

    There is a Lexis Nexis book, Essential PPS Law (3rd edition), Craig Wappett et al., which is the key texts above, with useful annotation of the statutes, and some explanatory material.

    All other required reading will be available on the Course Materials tab of the MyUni page prior to the start of the coruse.

    Required pre-reading. You are required to read this material, and it is strongly recommended to read it prior to the course classes.

    (1) Anthony Duggan & David Brown, Australian Personal Property Securities Law (LexisNexis Butterworths, 2nd ed. 2015) Chapter 1 and 2. [Duggan & Brown]

    (2) Course Materials, Pre-reading specified on MyUni.
    Recommended Resources
    In addition to the Government ppsr website, and Duggan & Brown, listed above, the library has a small collection of Canadian, US, UK and New Zealand texts on PPS legislation and security in personal property. A reading list has been placed behind the library counter and these books have been placed on reserve for the duration of the course.

    In addition two sources are available electronically:

    Personal property securities law in Australia/James O’Donovan. Available on WestlawAU

    Personal property securities in Australia/edited by Craig Wappett. Available on LexisNexis AU
    Duggan & Brown is a required text for this course and students will be assigned readings from this text for each day of class.
    Online Learning
    MyUni will be used to post announcements, post additional lecture materials (including slides, and where available, audio recordings of lectures) and announce assignment tasks. It will also contain electronic copies of the Course Profile, Lecture and Seminar Guides, and Course Materials.
    Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    As this is an intensive course, the first day will consist of lecturing. Subsequent classes will focus on presentations and problem solving.
    Workload

    No information currently available.

    Learning Activities Summary

    No information currently available.

  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    20% test-held in class
    20% group presentation and individual paper- 10% group mark, 10% individual
    10% participation
    50% research essay, 4000 words.
    Assessment Detail
    In-class test- 20%- Held 2-4 pm Saturday 7 May in class. This test will be a problem-solving test to assess the knowledge and application of knowledge learnt on Days 1 and 2 of the course. It will be an open book test.

    Participation- 10%- students are expected to attend all four days, given the intensive nature of the course and the necessity for interaction amongst participants. Students will be assessed for attendance, and for the degree and quality of their interaction in discussions, particularly during the discussion of other students' presentations.

    Presentations- 20% (10% group, 10% individual). Students will give presentations in groups of two or three, depending on enrolment numbers. These will take place on either Saturday or Sunday of the second weekend. Each student in the group must submit an individual paper of up to 2000 words providing an explanation and analysis of an aspect of the topic for that presentation- the paper may be based on the aspect which that student presented, or on another aspect of the topic that is related and relevant. Topics will be randomly assigned to groups on Saturday 7th May. These will consist of a key PPSA case or with PPSA issues.

    Group members will receive an identical group mark for the presentation as a whole, worth up to10%.

    Research Essay- 50%. A 4000 word essay which must have a research component and must contain a comparative element, looking at another jurisdiction such as Canada, US or New Zealand, or otherwise as agreed. The research component will be worth 25% of the essay grade. Topics will be discussed and a suggested list distributed, with ideas, on Saturday 7 May. Other topics can be agreed between student and instructor. Due date for submission is Monday 13 June 2pm.

    Submission
    Research essays must be submitted throught Turnitin. Instructions will be issued on the course MyUni page nearer the time.

    Other assessment will be handed in in class.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/  

    Lex Salus Program

    Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro and . Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.

    Counselling Service

    The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Plagiarism and other forms of cheating

    Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

    Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

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