PERSONAL PROPERTY SECURITIES IN AUSTRALIA

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1 General Editors Craig Wappett Craig Wappett (BA, LLB (Hons), LLM (Qld)) has been a partner at Piper Alderman in Brisbane since Between 1987 and 2005 he practised with major Australian and Canadian law firms in Sydney, Toronto and Brisbane. Craig s principal areas of expertise are finance, securities and insolvency law. Craig is a member of the Attorney General s Consultative Committee for the PPS reforms and has had long term involvement with various PPS reform initiatives since the early 1990s including preparation of the so-called Bond Bill with the late Professor David Allan. He has had first hand experience working with the Canadian and New Zealand PPSA legislation and has written and presented extensively on this topic. Craig Wappett is a general editor of this publication. He is also author of Chapter 1, co-author of Chapter 4.11 with Deborah Overstead and co-author of Chapter 7 with Steve Edwards. Bruce Whittaker Bruce Whittaker was admitted to practice in He has been a partner in the banking and finance practice at Blake Dawson since 1990, and heads that firm s PPS team. He has a broad-ranging finance practice, with a particular focus on acquisition and structured finance. He is a regular speaker on the PPSA and other topics at industry and external seminars. He is a member of the Finance and Treasury Association, and a representative member of the Australian Securitisation Forum, the Asia-Pacific Loan Markets Association and the Banking and Financial Services Law Association. Bruce Whittaker is a general editor of this publication. He is also author of Chapter 2 and of Chapter 4.1. Steve Edwards Steve Edwards is Principal Lawyer with, and a director of, CreditWise, a legal, compliance and training service provider specialising in finance industry regulation. Clients include financiers, introducers, debt collectors and buyers, government and industry associations. Steve was an industry representative on the Attorney-General s Consultative Group on Personal Property Securities Law Reform ( ). Since the early 1980s, Steve has been involved in various credit reform and regulatory developments and their implementation, from industry policy, operational, advisory and government perspectives. Steve is on the board of the Banking & Financial Services Law Association and has written publications on consumer credit and the hiring of goods. Steve Edwards is a general editor of this publication. He is also co-author of Chapter 7 with Craig Wappett. LexisNexis 103

2 Authors Tony Coburn Tony is a Partner in the Banking & Projects Group of Freehills. He advises clients engaged in the financial services sector and in particular retail and consumer financial services, and assists with the preparation and design of transaction structures, documents and compliance processes for those clients. Tony joined Freehills as a partner in 1990 but spent 5 years away from the firm from the beginning of 2000 until early 2005, spending most of that time in California as an executive and general counsel of a US software supplier to financial services customers. Tony has an LLB from Auckland University, and an LLM from UNSW. He was first admitted to practice in NZ in 1979 and in NSW in Tony Coburn is author of Chapter 3. Kim Dewhurst Kim Dewhurst was admitted into practice in 2003 and was appointed a Partner of Piper Alderman in She practises exclusively in the area of insolvency and banking and finance, conducting security enforcements, debt workouts and recoveries and review of complex finance facilities. She is a member of the Insolvency Practitioners Association of Australia, the Financial Services Institute of Australasia and the President of the Victorian Branch of International Women s Insolvency and Restructuring Confederation. Kim Dewhurst is co-author of Chapter 4.7 with Michael Lhuede. John Field John Field was admitted to practice in Since 1981 he has been a partner with Blake Dawson, where he heads the project, asset and structured finance practice. A major part of his practice is aircraft finance, acting variously for airlines and financiers. He is a member and former chairman of the Financial Services Committee of the Law Council of Australia, and has been a regular speaker for groups such as the Banking and Financial Services Law Association and the Aviation Law Association of Australia and New Zealand. John Field is author of Chapter 4.5. Karla Fraser Karla Fraser was admitted as a solicitor in Queensland in 1998, and in England and Wales in 1999, and specialises in the area of banking and finance. Following qualification in Queensland, she practised for over 8 years in London at an eminent international law firm in corporate, cross-border, structured and real estate finance matters, before returning to Allens Arthur Robinson in Karla Fraser is co-author of Chapter 6 with John Gallimore. John Gallimore John Gallimore was admitted as a solicitor in 1978 and has been a partner of Allens Arthur Robinson and its predecessor firms since 1981, practising in banking and financial services, as well as property and commercial spheres. He had significant input into the reforms to real property law in Queensland introduced in the Land Title Act 1994 and has LexisNexis 105

3 PERSONAL PROPERTY SECURITIES IN AUSTRALIA taken an active interest in the reforms to personal property securities law as they have evolved through the development of the PPSA. John Gallimore is co-author of Chapter 6 with Karla Fraser. Mary Hiscock Mary Hiscock is a graduate of the Universities of Melbourne and Chicago. She is a legal practitioner in Victoria, Queensland, New South Wales and in federal jurisdictions. She is an Emeritus Professor of the Law Faculty at Bond University. She has taught for many years at Bond University and the University of Melbourne, and in Europe, Asia, and North America. Professor Hiscock has represented Australia at the United Nations Commission on International Trade Law (UNCITRAL). She was an Expert Adviser to the European Bank for Reconstruction and Development for many years and also a Consultant to the Asian Development Bank. She is a member of the Boards of the Australian Journal of Asian Law and of the Melbourne Journal of International Law. She is a past Chair of the International Law Section of the Law Council of Australia, and a past President of the International Academy of Commercial and Consumer Law. Mary Hiscock is co-author of Chapter 5 with Winnie Jo-Mei Ma. Adam Hopkins Adam Hopkins was admitted to practice in He practised as a solicitor at Sydney law firm Middletons Moore & Bevins from 1998 to 2002 in its property, banking and finance practice group. From 2002 to 2006, he was the National Legal Counsel for Toyota Financial Services. In 2006, he moved to GE Capital where he currently holds the position of Deputy General Counsel responsible for the provision of legal services to GE Capital s Fleet and Equipment Finance businesses. Adam Hopkins is author of Chapter 4.3. Jessica Howley Jessica (BA (International Relations), LLB (Hons) (Qld)) is a Law Graduate in the Brisbane office of Mallesons Stephen Jaques. She was awarded the Rhodes Scholarship for Queensland for 2010 and will study for a Bachelor of Civil Law at Oxford University. Jessica Howley is co-author of Chapter 4.9 with John V Swinson. Frazer Hunt Frazer Hunt graduated in law from University of NSW and was admitted to practice in He heads up the Trade & Transport group in Piper Alderman, representing mostly marine insurers and logistics service providers in dispute resolution and commercial. Frazer is an accredited specialist in commercial litigation (insurance) and is the immediate past president of the Maritime Law Association of Australia and New Zealand. He was a member of the advisory committee to the Australian Law Reform Commission in its review of the Marine Insurance Act 1909 and is listed in the International Who s Who of Shipping & Maritime Lawyers. Frazer Hunt is co-author of Chapter 4.4 with Andrew Boxall. Paul Jenkins Paul Jenkins is a partner in the Banking & Finance team at Blake Dawson. He has an arts degree and law degree from Macquarie University and a masters degree in law from the University of Sydney. He was admitted to practise in 1997 in New South Wales and 106 LexisNexis

4 AUTHORS in 2000 in England and Wales. He has practised as a banking lawyer in Sydney, London and Tokyo. Paul Jenkins is co-author of Chapter 4.8 with Graeme Tucker. Elizabeth Lanyon Elizabeth Lanyon was admitted to practice in 1981 and specialised in banking and finance law in private practice until she joined Monash University Law School in In 2002 she practised as general counsel at a major law firm before joining Consumer Affairs Victoria in Elizabeth was chair of the Financial Services Committee of the Law Council from In 2007 she was appointed Director of Policy and Legislation Division at Consumer Affairs Victoria. Elizabeth is the co-author of two academic texts on consumer credit law. Elizabeth Lanyon is author of Chapter Michael Lhuede Michael Lhuede was admitted into practice in 1993, appointed Partner in 2001 and since joining Piper Alderman in 2004 has led the Victorian arm of the firm s national Banking and Finance team and the firm s Credit Management and Insolvency team. He specialises in corporate and personal insolvency law and is recognised as one of Australia s leading bankruptcy lawyers. He regularly acts for banks, financial institutions and other secured creditors providing advice in relation to the rights of the secured creditor and the enforcement of those rights. He is a member of the Insolvency Practitioners Association of Australia, the chair of the Law Council of Australia s Bankruptcy Sub-committee and as its representative on the National Bankruptcy Consultative Forum has actively participated in the reform of the Bankruptcy Act in recent years. Michael Lhuede is co-author of Chapter 4.7 with Kim Dewhurst. Patrick Lowden Patrick Lowden graduated in law from the University of New South Wales in He joined Freehills in 1994, where he has been a partner in the Banking Group in Sydney since Patrick Lowden is author of Chapter Diccon Loxton Diccon Loxton is a partner in the Banking and Finance Group of Allens Arthur Robinson in Sydney. He became a partner in 1984 having graduated in arts and law from Sydney University. Among other things, he is a part-time lecturer in the Master of Laws course at Sydney University, and a director and former president of the Banking and Financial Services Law Association. Diccon Loxton is author of Chapter 4.6. Winnie Jo-Mei Ma Winnie Jo-Mei Ma graduated in law with first class honours in 1998 and was admitted to practice in She was appointed Assistant Professor of Law at Bond University in 2002, and obtained her Doctor of Legal Science in Winnie s teaching and research areas include property law, conflict of laws, and international commercial arbitration. Winnie Jo-Mei Ma is co-author of Chapter 5 with Mary Hiscock. Ross McKinnon Ross McKinnon is a Senior Associate in the banking and finance department at Blake Dawson. He has a broad practice which focuses primarily on trade finance, project finance, PPPs, asset finance and leverage finance. Prior to joining Blake Dawson, Ross LexisNexis 107

5 PERSONAL PROPERTY SECURITIES IN AUSTRALIA spent several years in London working in the project finance team at Lovells. Ross has an LLB (Hons) from the University of Sydney and was admitted to practice in New South Wales in 2001 and in England and Wales in Ross McKinnon is co-author of Chapter 4.2 with Jamie Ng. Jamie Ng Jamie Ng is a Partner in the banking and finance department at Blake Dawson. He specialises in the areas of securitisation and debt capital markets, structured finance, derivatives and property finance. Before joining Blake Dawson, Jamie was employed by Australia and New Zealand Banking Group Limited (ANZ) in its institutional financial services division. Jamie has an LLB (Hons) from Queensland University of Technology and an MBA (Exec) from University of Queensland and was admitted to practice in New South Wales and Queensland in Jamie Ng is co-author of Chapter 4.2 with Ross McKinnon. Deborah Overstead Deborah Overstead (BCom, LLB (Qld)) is a senior associate at Piper Alderman in Brisbane. She has over 20 years experience practising in banking and finance law. Deborah s principal areas of expertise are corporate, project, equipment and property finance and securities law. Deborah Overstead is co-author of Chapter 4.11 with Craig Wappett. Steve Pemberton Steve Pemberton was admitted to practice in 1985, and practices in the fields of major projects and banking & finance. He is a partner of Allens Arthur Robinson, currently based in that firm s Melbourne office, and having previously spent 3 years based in the firm s Hong Kong office and 4 years in Singapore. Steve Pemberton is author of Chapter John V Swinson John (BA (Computer Science), LLB (Hons) (Qld), LLM. (Harvard)) was admitted to practice in 1990 and is a Partner in the Brisbane office of Mallesons Stephen Jaques where he specialises in intellectual property and technology law. John is an Adjunct Professor of Law at the Queensland University of Technology and an expert panellist appointed to decide intellectual property arbitrations and domain name disputes under the auspices of the World Intellectual Property Organization (WIPO) in Geneva. John V Swinson is co-author of Chapter 4.9 with Jessica Howley. Graeme Tucker Graeme Tucker is special counsel in the banking & finance department at Blake Dawson. He focuses on securitisation, corporate finance, leveraged finance and debt capital markets. He was admitted to practice in South Africa in 1999, in New York in 2001 and in New South Wales in Before joining Blake Dawson he was a partner for 6 years in the banking & finance department at Edward Nathan Sonnenbergs, Johannesburg and before that worked for Sidley Austin in New York. Graeme has an LLM in Corporations Law from New York University. Graeme Tucker is co-author of Chapter 4.8 with Paul Jenkins. [The next page is 131] 108 LexisNexis