More than three months after the go-live, sig­nif­i­cant prob­lems per­sist with the reli­a­bil­i­ty of the Per­son­al Prop­er­ty Secu­ri­ties Reg­is­ter (PPSR).


Migrat­ed pre-PPSA reg­is­tered secu­ri­ty interests

The Reg­is­trar of the PPSR con­firmed ear­ly on that a large num­ber of errors and omis­sions occurred in the migra­tion of data from ASIC and State & Ter­ri­to­ry data­bas­es to the PPSR. Work has been under­way for some time to iden­ti­fy and cor­rect those errors and omis­sions. It is uncer­tain when cor­rec­tions will be com­plet­ed. Until then, it will be nec­es­sary to per­form (and pay for) three sep­a­rate search­es (by grantor ABN, grantor ACN and grantor name) to try to iden­ti­fy secu­ri­ty inter­ests. How­ev­er, those search­es can­not at present be relied on com­plete­ly to iden­ti­fy all secu­ri­ty inter­ests that have been grant­ed and/​or reg­is­tered pend­ing cor­rec­tion of all migra­tion-relat­ed errors and omis­sions in the PPSR. We are work­ing with the Reg­is­trar, our reg­is­tra­tion agents and the PPSR user group to ascer­tain how greater cer­tain­ty can be achieved in the meantime.

Post-PPSA reg­is­tered secu­ri­ty interests

As yet uniden­ti­fied prob­lems with the reg­is­tra­tion IT engine are caus­ing a time lag of uncer­tain dura­tion between the moment of reg­is­tra­tion of secu­ri­ty inter­ests on-line and the point at which those reg­is­tered secu­ri­ty inter­ests become search­able. Accord­ing­ly, search­es can­not be relied on com­plete­ly as iden­ti­fy­ing all secu­ri­ty inter­ests that have been reg­is­tered since 30 Jan­u­ary 2012. Again, we are work­ing with the Reg­is­trar, our reg­is­tra­tion agent and the PPSR user group to ascer­tain how greater cer­tain­ty can be achieved until this prob­lem is resolved. The tim­ing of res­o­lu­tion is unclear.

Tran­si­tion­al secu­ri­ty interests

Secured par­ties with pre-PPSA inter­ests in per­son­al prop­er­ty which were reg­is­tered on reg­is­ters that were not auto­mat­i­cal­ly migrat­ed (eg IP Aus­trali­a’s reg­is­ters) have two years to re-reg­is­ter rel­e­vant inter­ests on the PPSR, enjoy­ing cer­tain inter­im pro­tec­tions under the PPSA in the mean­time. To iden­ti­fy inter­ests in such prop­er­ty dur­ing the tran­si­tion peri­od, it will there­fore be nec­es­sary to con­tin­ue to search exist­ing reg­is­ters. The two year tran­si­tion peri­od also gen­er­al­ly applies to oth­er inter­ests that pre­vi­ous­ly were not capa­ble of reg­is­tra­tion (eg reten­tion of title arrange­ments). Such inter­ests will only be search­able once reg­is­tered on the PPSR. Until then, how to iden­ti­fy and deal with such inter­ests will need to be assessed case by case (as in the past giv­en that those inter­ests were not pre­vi­ous­ly searchable).

For fur­ther infor­ma­tion, please contact:

If you would like to repub­lish this arti­cle, it is gen­er­al­ly approved, but pri­or to doing so please con­tact the Mar­ket­ing team at marketing@​swaab.​com.​au. This arti­cle is not legal advice and the views and com­ments are of a gen­er­al nature only. This arti­cle is not to be relied upon in sub­sti­tu­tion for detailed legal advice.

Publications

10 year long stop on build­ing defect claims rein­forced for con­tri­bu­tion claims

The recent deci­sion in For­tius Broad­way No 1 Pty Ltd V ACN 103 211 141 Pty Ltd (for­mer­ly known as Wat­pac Con­struc­tion…

A High­er Evi­den­tiary Bur­den for Work Orders: The Prac­ti­cal Impli­ca­tions of The Own­ers – Stra­ta Plan No 102171 v Ceerose Pty Ltd [2025] NSW­CATCD 137

The deci­sion in The Own­ers – Stra­ta Plan No 102171 v Ceerose Pty Ltd; Zone Q Mil­sons Point Devel­op­ment Pty Ltd v Ceerose…

Impor­tant Work­place Rela­tions Changes Effec­tive 1 July 2026

Employ­ers and employ­ees alike should be aware of impor­tant changes in the work­place rela­tions are­na, effec­tive 1 July 2026. From that date:the…

In the News

Roger Corn­forth Retires Fol­low­ing 45 Years of Dis­tin­guished Legal Practice

Roger’s career has been defined by trust­ed rela­tion­ships, prac­ti­cal advice and an unwa­ver­ing com­mit­ment to his clients. Begin­ning his legal…

Protest group los­es appeal to obtain gov­ern­ment documents

The cas­es — Mudgee Region Health Alliance v Min­is­ter for Finance, Domes­tic Man­u­fac­tur­ing and Gov­ern­ment Pro­cure­ment and Nat­ur­al Resources [2026] NSW­CATAD…

Michael Byrnes is quot­ed in the arti­cle, The PM v work­place stan­dards”, pub­lished in HR Leader on 8 July 2026

Michael Byrnes is quot­ed in the arti­cle, ​“The PM v work­place stan­dards”, pub­lished in HR Leader on 8 July 2026To read the…

Sign up for our Newsletter

*Mandatory information