From tglaw.com.au: A Federal Court decision in Kirkalocka Gold SPV Pty Ltd v Zenith Pacific (KLK) Pty Ltd clarified the meaning of “apparent possession” under the Personal Properties Securities Act 2009.

The court stressed the significance of how possession is communicated to interested parties, rather than focusing on public perception. This includes using evidence such as staff uniforms and signage.

Contractors are advised to clearly identify ownership of their equipment and register potential security interests to prevent disputes.