I refer to my earlier posting in respect of this legislation and note the Personal Property Securities Act 2009 (Cth) and the Personal Property Securities (Consequential Amendments) Act 2009 (Cth) were passed by the Senate on 26 November 2009.     Brisbane Barrister – David Cormack

On 6 November the Bill received assent; however, some provisions are yet to be proclaimed. It transfers responsibility for regulating mortgage credit and advice, margin loans and trustee companies, from the States & Territories to the Commonwealth.   Brisbane Barrister – David Cormack.

Allens Arthur Robinson Further to the posting on 18 October in respect of Bofinger v Kingsway Group Limited [2009] HCA 44 Partner Diccon Loxton of Allens Arthur Robinson explores the decision at length and concludes in respect of lenders: How does it affect you? Lenders will need to look at the drafting of their guarantee documents, particularly [...]

 The Bill was released to the House on 21 October 2009. Referral legislation has been passed by QLD, NSW, VIC, SA and it is expected the other States will follow. One of the purposes of the Bill is to replace charges under the Corporations Act 2001, although these provisions are yet to be released. It [...]

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