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Charge documents under the PPSA

21 February 2012

A lot of clients have asked us if there are any changes needed to a Deed of Charge for them to be entitled to lodge a floating charge over a company's assets and further a particular charge over the Management rights (if applicable) to secure their...

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The release of security property under the PPSA

21 February 2012

We have found a number of clients asking what letter or documents they will need to provide upon a partial or full release of security property and any action needed to be taken by them to remove the sold security from the register and likewise what...

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Personal Property Securities Register commences 30 January 2012

15 January 2012

Lodgement of company charges

From Monday 30 January 2012, the ASICs Register of Company Charges will be closed and all company charges (or security interests as they will be known) must be lodged with the PPS Register.

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Injustice for all

15 December 2011

Matthew Bransgrove believes the greatest risk of the NCCP is not in the courts’ interpretation of the regulations, but rather the power it gives to EDR schemes.

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Reviewing the Principles of Calderbank Offers of Compromise

15 December 2011

Lessons from Miwa Pty Ltd v Siantan Properties Pty Ltd (No 2) [2011] NSWCA 344.

Costs are of primary concern to all litigants. This concern deepens as a matter nears the hearing date and deepens further if a notice of intention to appeal is filed.

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FOS, COSL and ASIC’s de facto foreclosure moratorium

12 December 2011

On 2 December 2011 ASIC released a consultation paper seeking feedback on Regulatory Guide 139.77 which reads:

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ASIC releases new financial requirements for responsible entities

07 November 2011

ASIC today released new financial requirements for responsible entities. Under the changes responsible entities must prepare 12-month cash-flow projections which must be approved at least quarterly by directors.

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The National Credit Code never applies to Company borrowers

31 October 2011

There is still a great deal of confusion as to when the National Credit Code applies and when it does not. This is resulting in a lot of loans not getting submitted to commercial lenders because brokers wrongly assume the code applies.

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New obligations to identify mortgagors commence tomorrow

31 October 2011

The new obligations contained within the Real Property Act on identification of mortgagors commence 1 November 2011. If you do not comply you can risk having your mortgage not registered or de-registered.

A Fact Sheet is now available to assist...

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The Financial Advice Bill has unintended effects for responsible entities

13 October 2011

The Corporations Amendment (Future of Financial Advice) Bill 2011 was introduced into the House of Representatives this month.

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