Chapter 06
Security Interests
6.2 Exclusion: set-off, combination of bank accounts and netting arrangements
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6.2.1

Set-off: agreement (contracts) that provide for set-off rights, or set-off rights arising at general law1. Set-off rights can often arise outside of an express contractual agreement to set-off.  For instance, equitable set-off of closely related claims arises at general law (equity), and likewise a mandatory “insolvency set-off” applies upon the liquidation of companies2;

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6.2.2

Combination of bank accounts: the right of a bank, either at general law or under an agreement with a customer, to combine two bank accounts (usually one account in credit and one account in debit) and so, in effect, conduct a set-off3;

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6.2.3

Certain netting arrangements: netting arrangements provided for under the Payment Systems and Netting Act 1998 (Cth), which relate to close out netting contracts (for instance, the netting of amounts upon the termination and close-out of transactions under a swap), and other so-called “market netting” and “approved netting” contracts or arrangements provided for under that Act4;

Notes:

1. PPSA section 8(1)(d) 

2. Corporations Act 2001 (Cth), section 553C 

3. PPSA section 8(1)(d) 

4. PPSA section 8(1)(e) 

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