Introduction A letter of demand is often the sender’s first step when money remains unpaid, but it is not the same as a statutory default notice or court document. A creditor writing a letter must distinguish an ordinary demand letter…
Introduction When a lender releases additional funds under an existing facility, the priority of that new money is not automatic. The common law rule against tacking—established in Hopkinson v Rolt (1861) 9 HL Cas 514; 11 ER 829 (‘Hopkinson v Rolt‘)—means a…
Introduction When lending to a company that acts as trustee of a trust, verifying who has authority to bind the borrower is essential. Private lenders and non-bank financiers face distinct risks if a loan agreement or security document is not…
Introduction The unfair contract terms law protects small businesses from unfair terms in standard form loan contracts for financial products and services. Since 9 November 2023, proposing, applying, or relying on an unfair term in these contracts attracts civil penalties…
Introduction Reforms to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (‘AML/CTF Act‘), which commenced on 31 March 2026, capture private lenders who make loans in the course of carrying on a loans business, so affected lenders may need advice from private…
Introduction Private lenders must determine whether their lending activities require an Australian Credit Licence from Australian Securities and Investment Commission (ASIC). The answer turns on the purpose of each loan, not on how a fund raises its capital. This article…
Introduction Mortgage priority in Queensland is governed by the Land Title Act 1994 (Qld) (‘Land Title Act‘). A registered first mortgagee achieves priority according to the date of lodgement, and a dealing does not transfer or create a legal interest until registration…
Introduction A lender’s security interest in personal property is only as strong as the registration that supports it on the Personal Property Securities Register, making early advice from PPSA security interest and PPSR registration lawyers valuable. Small errors in grantor details or…
Why a company constitution is not enough Every company registered in Australia needs a constitution, or must otherwise rely on the replaceable rules in the Corporations Act 2001 (Cth). Many private companies stop there. A constitution sets out basic mechanics:…
A company under financial pressure puts its directors personally at risk. Section 588G of the Corporations Act 2001 (Cth) makes a director liable for insolvent trading if the company incurs a debt when it is insolvent, or when there are…
Retail leasing in Queensland runs under its own statutory regime. The Retail Shop Leases Act 1994 (Qld) sits over the lease document, rewrites terms that conflict with it, and imposes processes that do not apply to ordinary commercial leases. Parties…
Developers in Queensland rarely buy sites the way an ordinary purchaser buys a house. A standard contract commits the buyer to settle within weeks, long before a development approval exists and long before finance is in place. A put and…
