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As published in Butterworths Corporations Law Bulletin, October 2010 edition
On 1 September 2010 the High Court of Australia handed down its much anticipated decision in the case of Public Trustee of Queensland v Fortress Credit Corp (Aust) 11 Pty Ltd (Octaviar). In a joint decision, the High Court rejected the appeal and resoundingly endorsed the decision of the Queensland Court of Appeal, thus ending 18 months of uncertainty as to when a chargor is required to notify ASIC of variations to a registered charge.
This has significant implications for all secured financings and allows lenders and borrowers to return to a previously well-established market practice.
This article discusses this decision and its implications for borrowers and lenders.
Do your call centres and complaints divisions know what they can and cannot say under the Australian Consumer Law?
The status of power of attorney clauses and “step-in rights” provisions under the Personal Property Securities Act 2009 (Cth) (PPSA) remains an issue.
With significant regulatory change coming into effect the spotlight is staying firmly on
culture, ethics and regulatory compliance. An organisation’s social licence to operate
remains a priority...