Retention of Title Claim Checklist

Before you start

Retention of title lets you keep ownership of goods until you are paid, which matters most when a customer enters insolvency. But the protection is technical: the clause must be valid, usually perfected on the PPSR, and the goods must still be identifiable and unpaid. Gather your contract, invoices, delivery records and any PPSR registration before you act.

• Locate the contract clause asserting retention of title.
• Check whether you registered a security interest on the PPSR.
• Pull invoices and delivery dockets for the unpaid goods.
• Confirm the goods can still be identified at the customer's premises.

This is general information only and not legal advice. PPSR and retention-of-title law is complex and time-critical — get professional advice immediately when a customer fails.

Confirm your claim is good

1. Verify the retention-of-title clause was actually part of the contract.
2. Check whether the security interest was registered and perfected on the PPSR.
3. Confirm the specific goods remain unpaid for, not merely the account in general.
4. Establish that the goods are still identifiable and have not been on-sold or mixed.
5. Note the timing — claims can be lost quickly once an insolvency begins.

Each link in this chain matters. A clause that was never perfected, or goods that have been resold or become unidentifiable, can defeat the claim, so test the whole chain before asserting it.

Assert the claim

1. Contact the appointed practitioner promptly and in writing.
2. Identify the goods, the invoices, and the basis of your retention-of-title claim.
3. Provide your PPSR registration details and supporting documents.
4. Request the practitioner preserve the goods pending resolution.
5. Keep copies of everything and follow up on deadlines.

Practitioners deal with many creditors, so a clear, documented claim asserted early stands the best chance. Do not assume your interest will be recognised automatically — put it forward properly and back it with evidence.

Common mistakes

• Relying on a retention-of-title clause that was never perfected on the PPSR.
• Waiting too long, by which point goods are resold or unidentifiable.
• Claiming goods that have been mixed, processed or already on-sold.
• Failing to provide registration details and documents to the practitioner.
• Assuming the practitioner will identify and honour your claim for you.

Because the window is short, pair a free debt appraisal with prompt professional advice the moment you learn a customer holding your goods has failed.