When a business discovers a ransomware attack or a data breach, the instinct is to call the IT provider or a forensic security firm first and worry about lawyers later, if at all. That sequencing is understandable. It is also,…
Many Queensland projects are delivered on land the developer never owns. The landowner keeps the registered title, the developer obtains the approvals, builds and sells, and the parties share the proceeds under a development agreement. The landowner captures development value…
Most businesses now rely on a chain of vendors and suppliers to run day to day operations: cloud hosting providers, payroll processors, IT managed service providers, marketing platforms and specialist contractors who touch customer or company data. Each of those…
Queensland’s community titles system, the legal framework that governs unit blocks, townhouse complexes, mixed-use towers and gated estates, is built on the Body Corporate and Community Management Act 1997 (Qld). That Act is now the subject of ongoing government review…
Australia’s anti-money laundering regime is expanding, and real estate is one of the sectors being brought inside it. The Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024 (Cth) amends the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) to extend…
A buyer of new residential premises or potential residential land in Australia must withhold part of the purchase price and pay it directly to the Australian Taxation Office at settlement. The regime has applied to contracts entered into since 1…
Introduction Defective registrations on the Personal Property Securities Register (PPSR) can strip lenders of their security interest priority the moment a borrower faces insolvency. As the In the Matter of OneSteel Manufacturing Pty Limited (administrators appointed) [2017] NSWSC 21 (‘OneSteel‘) case demonstrated,…
Introduction Under the Personal Property Securities Act 2009 (Cth) (‘PPSA‘), a properly registered Purchase Money Security Interest (PMSI) takes priority over an earlier all present and after-acquired property (All-PAAP) registration on the same collateral. Private lenders and non-bank financiers use this super-priority…
Introduction Private lenders entering the Australian corporate debt market must understand the fundamental differences between a bilateral loan and a syndicated loan. A bilateral loan involves a single lender providing a facility directly to a borrower, while a syndicated facility…
Introduction Construction and development lending in Australia demands documentation that goes well beyond what a standard commercial facility requires. Property developers and the lenders who fund them must address staged drawdowns, quantity surveyor certifications, builder due diligence, and presales requirements…
Introduction When a private lender provides funds outside traditional banking channels, the loan agreement and security documentation form the foundation of the entire deal, and working with experienced private lending lawyers ensures those documents are properly prepared from the outset. These documents…
Introduction The structure your fund uses to borrow money determines your personal liability exposure, which lenders will work with you, and how much you can borrow. Fund operators must weigh the limited liability of a proprietary limited company against the…
