Security Enforcement

Under section 123(1) of the Personal Property Securities Act 2009 (Cth), a secured party may seize personal property to which a security interest is attached “by any method permitted by law”. A problem commonly encountered is that the personal property to be seized is often on the debtor’s land. The creditor has no right to trespass on the debtor’s land for any purpose, let alone to seize the personal property.  The creditor may not use unlawful force to seize the property either. For example, if the debtor is present and resists the seizure, the creditor may not resort to violence.

The appropriate thing for the creditor to do is to seek Court orders:

1. Declaring their interest in the personal property;
2. Granting them entry and access to the place where the personal property is located, for the purpose of seizing the property;
3. Restraining the debtor from interfering with the seizure.

Our solicitors have substantial experience seeking such orders.