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2 results

  • 4 - Security interests in property

  • Michael Nancarrow, Macquarie University, Sydney, Penny Carruthers, University of Western Australia, Perth, Steven White, Griffith University, Queensland, Christopher Boge, Dominic Cudmore, Astrid Di Carlo
  • Book:
    Australian Property Law
    Published online:
    19 September 2022
    Print publication:
    30 September 2022, pp 107-166

  • Summary

    In this chapter, we will be looking at what a ‘security’ or a ‘security interest’ is, as it affects both real and personal property.

    This chapter is designed for those studying property law and is a general overview of the law relating to the creation of property interests in both real and personal property by way of the use of a security.

    This chapter is broken down into both general and specific topics. There is an overview to understand what securities are, and then the chapter considers in more detail those securities that affect real property (e.g. a mortgage given by a bank to a purchaser to allow the purchaser to buy real estate); and securities over personal property, (e.g. a loan by a lender to a farmer to buy a pivot irrigator that will provide water to the farmer’s crops).

    Securities in relation to real land is dealt with by a myriad of Torrens legislation and property law statutes which are, for the most part, similar in each jurisdiction. Securities in relation to certain personal property is generally dealt with by federal law pursuant to the Personal Property Securities Act 2009 (Cth).

  • The Kenyan Civil Forfeiture Regime: Nature, Challenges and Possible Solutions

  • Constance Gikonyo
  • Journal:
    Journal of African Law / Volume 64 / Issue 1 / February 2020
    Published online by Cambridge University Press:
    21 January 2020, pp. 27-51
    Print publication:
    February 2020

  • Civil forfeiture is an asset forfeiture mechanism available to seize proceeds of crime. Kenya has embraced its use and provides statutory mechanisms for its implementation. The Proceeds of Crime and Anti-Money Laundering Act is the main statute in this regard. This article examines the substantive law and procedure for civil forfeiture provided in this statute. The analysis indicates that the provisions are technical in nature and that the process is systematic. This ensures a procedurally and substantively fair process before an individual's property is seized. This approach aims to safeguard against the arbitrary deprivation of property. Nonetheless, challenges are identified that interfere with the effective implementation of the civil forfeiture regime. These problems lead to the current underutilization of the regime. Accordingly, the article identifies viable ways of addressing these shortcomings. Implementation of these suggestions could enhance the use and success of civil forfeiture in dealing with the proceeds of crime.