Under the Personal Property Securities Act 2009 (Cth) (PPSA) you may dispute a registration made over your property by another party if you believe the property described in the registration does not secure a debt or obligation owed by you to that party.
When you enter an agreement for the provision of finance or property, there may be a charging clause in which you agree to grant a charge over the property of your business, real and personal property in favour of the Financier.
This can be a general charge and does not need to specifically refer to named property. Such clause gives rise to an entitlement of the Financier to make PPSR registrations against you and your property at any time the agreement is in force.
Before disputing a PPSR registration, you need to determine whether the property described in the registration could be covered under a charging clause in your agreement.
If you need solid advice with disputing a PPSR registration or you have received an Amendment Demand disputing a registration you have made over another party’s property, contact
Amanda Heard (07) 3152 4444 or Amanda.firstname.lastname@example.org