Australia: Charges, Mortgages, Indemnities

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.

Funds Update - 26 September 2025

On 18 September 2025 ASIC issued interim stop orders in relation to three credit fund products and on 19 September 2025...

Australia Finance

KL

Herbert Smith Freehills Kramer LLP

Buy Or Rent? Why The Australian Dream Might Be Due For A Makeover

The belief that "rent is dead money and buying is the pathway to prosperity" is widely held in the Australian housing market.

Australia Real Estate

FC

FTI Consulting

M&A Review: Market insights & outlook for 2026

Recent interest rate cuts and lower tariffs are generally supportive of deal activity, but uncertainty in the US is affecting investor confidence.

Australia Finance

HR

Holding Redlich

Green Finance In The Australian Commercial Property Market

Major banks have offered green loan products to fund energy efficient commercial properties.

Australia Finance

PA

Piper Alderman

2025 Banking Code of Practice - key changes affecting lenders and borrowers

Australia Finance

BP

Bartier Perry

Understanding Unregulated Business Loans

Australia Finance

MF

Matthews Folbigg Lawyers

ESMA's assessment of the MiFID Trade Reporting Framework

Australia Finance

TRAction

Default Dilemma: Mortgagee in Possession vs Receivership

Australia Finance

W

Worrells

Failing to Register a PPSR Security Interest on Time – Legal Risks and Options

Australia Finance

S

Swaab

Could a bank enforce a loan agreement with a forged signature? Which case won?

Australia Finance

S

Stacks Law Firm

How Does Refinancing Your Home Loan After Divorce Work?

Australia Finance

U

Unified Lawyers

Is reporting at ‘position level' allowed for all EMIR Derivatives?

Australia Finance

TRAction

Key Facts About the Doctrine of Exoneration in Australia

Australia Finance

JF

Justice Family Lawyers

What Is Bona Vacantia? An Overview for Australians

Australia Finance

JF

Justice Family Lawyers

New English Requirements For Visas

Australia Immigration

IL

Interstaff Immigration Agency

Epic Games Secures Landmark Victory Against Apple and Google

Australia Commercial

CG

Clifford Gouldson Lawyers

Can Artificial Intelligence Improve Planning And Environmental Decision Making?

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

Blockchain Bites: NASDAQ Bets On Blockchain With Tokenised Stocks And ETFs; ASIC Mints Regulatory Relief For AFSL Licensed Stablecoins; Binance Nears Agreement To End US Monitorship

Australia Technology

PA

Piper Alderman

Federal Court ruling limits use of set-off clauses for annual salaries of award-covered employees

Australia Employment

GC

Gilchrist Connell

FSG relief – what's in it for me?

FSG relief is now useful in situations where a licensee, CAR or AR provides financial product advice to a retail client

Australia Finance

HN

Holley Nethercote

Payroll Tax Obligations For Authorised Representatives Of ACL And AFSL Holders

Authorised representatives of Australian Financial Service License (AFSL) holders and credit representatives of Australian Credit Licence (ACL) holders may be deemed "contractors"...

Australia Finance

KG

K&L Gates LLP

Perfecting PPSR security interests: Best practices and insights

The PPSR is a national online register where security interests in personal property can be registered and searched.

Australia Commercial

CP

Cathro & Partners

Tacking in lending: Understanding the key concepts

Tacking is when a secured creditor, who has already advanced funds, advances more funds, but keeps its priority ranking.

Australia Finance

HW

Holman Webb Lawyers

Bankruptcy and the forgotten mortgage: Storm Financial case

Australia Finance

W

Worrells

Holding back to defend attack: Withholding security for anticipated litigation costs

Australia Finance

CC

Corrs Chambers Westgarth

Notices of assignment of debt – what they are and why they matter

Australia Finance

RC

Rostron Carlyle Rojas

Taking Security From Related Entities Of A Borrower – Unreasonable Director-Related Transactions

Australia Finance

VY

Vincent Young

Registering on the PPSR without reasonable grounds? You could be penalised

Australia Commercial

CG

Coleman Greig Lawyers

The ATO's new approach to managing business tax debts: Implications and reactions

P

PCL Lawyers

Securing the repayment of loans - mortgages and securities

Australia Finance

HW

Holman Webb Lawyers

How to collect statute-barred debts

Australia Litigation

SL

Stonegate Legal

PPSA Reform – Where to from here?

Australia Commercial

CP

Cathro & Partners

Who pays the mortgage after separation in Australia: Everything you need to know

Australia Family

JF

Justice Family Lawyers

Securing the repayment of loans - mortgages and securities

A mortgage is the preferred way for a lender to secure its debt until the loan has been repaid in full.

Australia Finance

HW

Holman Webb Lawyers

How to collect statute-barred debts

In Australia, debts become statute-barred after a specific time period from the date when the cause of action arose.

Australia Litigation

SL

Stonegate Legal

PPSA Reform – Where to from here?

Proposed reforms include the adoption of 345 of the Whittaker Review's recommendations and a number of other changes.

Australia Commercial

CP

Cathro & Partners

Who pays the mortgage after separation in Australia: Everything you need to know

Mortgage liability post-separation is determined by who is listed as borrower on the mortgage documentation.

Australia Family

JF

Justice Family Lawyers

Garnishee Orders in New South Wales

Australia Litigation

SC

Sydney Criminal Lawyers

BTR Series Part 4: Affordable Housing And Key Worker Housing—What Role Do These Play In The BTR Solution?

Australia is currently experiencing a national housing affordability crisis that continually worsens. One solution to the urgent need for more social and affordable housing...

Australia Real Estate

KG

K&L Gates LLP

Subrogation to the rights of a creditor when a third party pays debts

Subrogation is an important doctrine to ensure that your client's entitlements are protected.

Australia Insolvency

W

Worrells

Will a caveat protect a lender?

Lenders frequently file caveats to protect their interest in the property until settlement is finalized.

Australia Real Estate

MD

McCarthy Durie Lawyers

BTR Series Part 1: The Housing Crisis – A Big Problem In Search Of A Solution

The housing crisis in Australia has been brewing for more than a generation. The symptoms are painful and obvious and include...

Australia Real Estate

KG

K&L Gates LLP

Changes to Unfair Contract Terms laws - What private lenders need to know

Australia Commercial

BP

Bennett & Philp Lawyers

Fundamental – Issue 43

Australia Real Estate

MC

McMahon Clarke

Mortgages—let's get your priorities straight

Australia Finance

MC

McMahon Clarke

Putting poverty on the map in NSW

Australia Government

OC

O'Brien Criminal & Civil Solicitors

Received a statutory demand? Consider these three proven grounds to dispute the debt

Australia Litigation

HR

Holding Redlich

Is your debt worth pursuing? Knowing when to cut your losses

Australia Finance

CG

Coleman Greig Lawyers

Contractual indemnities - handle with care!

Australia Commercial

BP

Bartier Perry

Timely reminders for corporate borrowers in Australia following the Silicon Valley Bank collapse

Australia Finance

CC

Corrs Chambers Westgarth

Feeling squeezed as a mezzanine lender? There is hope!

Australia Finance

MD

McCarthy Durie Lawyers

Debt recovery lawyers

Australia Litigation

JS

JB Solicitors

Mortgagee in possession?

Australia Finance

CP

Cathro & Partners

The ATOs current debt recovery strategy

Australia Insolvency

W

Worrells

Rising interest rates: what happens if you can't pay your mortgage?

Australia Finance

RC

Rostron Carlyle Rojas

Inflationary pressures prompting miners to take pause

Australia Energy

K

KordaMentha

TGIF - Success for CBA in long-running dispute with developer

Australia Finance

CC

Corrs Chambers Westgarth

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Latest Videos

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Mortgagee in possession?

CP

Cathro & Partners

It Depends – When is a negative gearing trust structure appropriate?

CG

Cooper Grace Ward

Signing loan documents electronically

BP

Bennett & Philp Lawyers

It Depends – So my SMSF has paid out my borrowings under an LRBA (Limited Recourse Borrowing Arrangement) - What do I have to do?

CG

Cooper Grace Ward

An introduction to the Personal Properties Securities Act

CG

Cooper Grace Ward

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