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The Antarctic Treaty has significant strategic and security interests for Australia. Australia claims 42 per cent of the continent, and the Antarctic Treaty established the area below 60o S as a non-militarised region where military manoeuvres, weapons testing and nuclear explosions are prohibited. The benefits to Australia of maintaining the strength of the Antarctic Treaty System are manifold. This paper sets out the importance to Australia of the Antarctic Treaty System; Australia's Antarctic activities; and current geopolitical tensions in the system. It argues that Australia should continue to invest practical and diplomatic efforts to secure its Antarctic interests and the strength of the System into the future. [ABSTRACT FROM AUTHOR]

How do the US allies engage with other actors in the US‐led Indo‐Pacific security order? This article examines this question in the case of Australia. We argue that the regional strategic network is a key consideration for Australia to facilitate its interaction with a target country in the Indo‐Pacific. This article analyzes Australia's approach toward South Korea as an example demonstrating the significance of the regional strategic network in shaping Australia's diplomacy. It does so by addressing the following three questions. First, what is Australia's vision for the Indo‐Pacific? Second, how does Australia perceive South Korea's role in the Indo‐Pacific? Third, how does Australia's Indo‐Pacific vision find the relevance of South Korea for Australia's security interests? The article elucidates that Australia's view on South Korea's place in the Indo‐Pacific security network influences Australia's interaction with South Korea and consequently plays an integral part in the US‐led regional security order‐building process. [ABSTRACT FROM AUTHOR]

The Australian Personal Property Securities Act 2009 (Cth) is based in part on the Saskatchewan Personal Property Security Act, but it departs from the Saskatchewan model in numerous significant respects in terms of both drafting and substance. The differences fall into three main categories: (1) drafting differences; (2) substantive differences which are the result of mistakes on the part of the Australian law makers; and (3) substantive differences which reflect deliberate policy choices. For the most part, matters falling within categories (1) and (2) are unlikely to interest a Canadian observer, but matters falling within category (3) transcend the purely parochial and there is clearly room for an international dialogue at this level. This article focuses on selected aspects of the Australian PPSA, comparing them with the Canadian position and evaluating the alternatives. The article also addresses relevant aspects of Article 9 of the United States Uniform Commercial Code. The topics covered are as follows: (I) the Australian federal government's take-over of the PPSA legislative agenda; (2) the Australian PPSA's approach to security interests in cash collateral as compared with the Canadian approach; and (3) selected registration issues [ABSTRACT FROM AUTHOR]

The purpose of this article is to provide some guidance to practitioners and the judiciary in both Australia and New Zealand on the vital question: when is a sale in the 'ordinary course of business' for the purposes of the Personal Property Securities Acts of Australia and New Zealand? It is not uncommon for the courts to say that in any given case this is a question of fact. But, while not denying the importance of the particular factual circumstances in issue, the author seeks to demonstrate that the analysis will be facilitated by adopting a structured approach that initially recognises the primacy of security interests and that follows sound legal principles developed by the North American courts. Differences between the Australian and New Zealand legislative provisions are analysed to determine whether they lead to different outcomes on either side of the Tasman. [ABSTRACT FROM AUTHOR]

The article discusses developments in the Personal Properties Securities Act 2009 (PPSA) under Australian commercial law which regulates security interests over personal property via an online register. It examines the construction of contracts that creates security interests in personal property for the purposes of the PPSA and the priority rules of security interests and the insolvency provisions. It highlights the provisions of Romalpa clauses, equipment leases, and retention money.

The Personal Property Securities Act 2009 (Cth) ('PPSA') came into effect on 30 January 2012. Among other things, the PPSA introduces a comprehensive new registration system for security interests in personal property. This article explains the elements of the PPSA registration system, with particular reference to how it differs from earlier registration systems including the provisions governing registration of company charges in ch 2K of the Corporations Act 2001 (Cth) and the registration requirements in the state and territory bills of sale and motor vehicle securities statutes. The article also explores similarities and differences between the Australian PPSA registration system and the Canadian and New Zealand systems. [ABSTRACT FROM AUTHOR]

The article offers information about the effect of the Personal Property Securities Act 2009 (PPSA) in Australian law on the legal principles related to security interests. Topics include retention of title in property law, the reselling of goods under PPSA, and ownership of goods in relation to debts of a purchaser.

This paper focuses on a statutory provision common to Australian, New Zealand and Canadian personal property securities legislation which requires a grantor of a security interest generally to have 'rights in the collateral' before a security interest can attach to that collateral. It analyses the extent to which a particular construction of that provision, initially developed by Canadian courts and commentators in the context of certain lease transactions and now applied in New Zealand, may and should colour construction of the equivalent Australian legislation. The paper argues that 'new learning', which holds the interest of a lessee sufficient to enable a security interest to attach to leased goods, is capable of achievement through different reasoning to that currently adopted by New Zealand courts. Such reasoning has significant implications for understanding when a security interest may attach to personal property more broadly. [ABSTRACT FROM AUTHOR]

The article offers information about migrated security interests under the Personal Property Securities Act 2009 in Australia. Topics include the history of migrated security interests, personal property securities, commercial law in countries such as the United States and Canada, and securities reform in Australia.

The article offers information about the effect of the provision for rights in the collateral in section 19(2) of the Personal Property Securities Act 2009 in Australian law. Topics include the definition of possession in Australian law, property ownership, and the laws in countries such as the U.S. and Canada regarding personal property.

The article offers information about issue of flawed assets in security interests under the Personal Property Securities Act 2009 (PPSA) in Australia. Topics include the term "flawed asset arrangement," under PPSA, the history of flawed assets in personal property, and the Supreme Court of Canada decision Caisse populaire Desjardins de l’Est de Drummond v Canada.

The article offers information about the effect of the Australian Personal Property Securities Act 2009 (PPSA) on security interest. Topics include the Corporations Act 2001 in the country, the Bankruptcy Act 1966, and the security interest under the U.S. Uniform Commercial Code. The article also offers proposals for legal interpretation of PPSA.

The English law of secured transactions in personal property is of a rather piecemeal nature, largely built on case-lawbut with some statutory intervention. It lacks a coherent structure and contains a number of anomalies, not least in the way it places emphasis on form rather than substance and in the manner in which it attempts to distinguish between different types of security and between secured transactions and other forms of proprietary financing. This article examines the case for reformof the lawand puts forward proposals drawn from suggestions previously made by the Law Commission which, in turn, had been developed from the reformed systems that operate in North America and New Zealand and which are now also being implemented in Australia. [ABSTRACT FROM AUTHOR]

The Australian Personal Property Securities Act 2009 has transformed the landscape of personal property security law in Australia. This paper examines the shape which the reforms take. The new regime largely resembles those introduced in other jurisdictions where reform has been undertaken, both in its broad structure and in the detail; it introduces a unified, functional approach towards security interests in personal property, a "notice-filing" regime for registration and a single electronic register. This paper discusses the extent to which it also departs from both the style and the substance of other regimes. Although many of the differences are intentional, they may prove ill-advised. However, even if faults can be found with the new regime, there is no doubt that it represents a significant improvement on what came before. [ABSTRACT FROM AUTHOR]

The Australian Federal Police has in recent years become an important actor in both the implementation and design of Australian-led state building interventions in Australia's near region of Southeast Asia and the South Pacific. The article focuses on the recent expansion of the Australian Federal Police as a way of understanding the emergence of a new partly (and strategically) deterritorialized, 'regional' frontier of the Australian state. Within this new frontier, whose fluctuating outlines the Australian Federal Police not only polices but also to a considerable extent shapes and reshapes, as one of the primary expert agencies on identifying and managing transnational security risks, Australian security is portrayed as contingent on the quality of the domestic governance of neighbouring states, thereby creating linkages between the hitherto domestic governing apparatus of the Australian state and those of other countries. This allows for the rearticulation of the problems affecting intervened states and societies - indeed, their very social and political structures - in the depoliticized terms of the breakdown of 'law and order' and the absence of 'good governance', which not only rationalizes emergency interventions to stabilize volatile situations, but also delegitimizes and potentially criminalizes oppositional politics. The Australian Federal Police, however, does more than merely provide justification for intrusive state transformation projects. Its transnational policing activities open up a field of governance within the apparatus of intervened states that exists in separation from international and domestic law. The constitution of such interventions 'within' the state leaves intact the legal distinction between the domestic and international spheres and therefore circumvents the difficult issue of sovereignty. As a result, police and other executive-administrative actors obtain discretionary ordering powers, without dislodging the sovereign governments of intervened countries. [ABSTRACT FROM AUTHOR]