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Recent news and updates in ERA Legal. If you would like help with any legal issue please call the experts at ERA Legal for advice.

Ordering accounts in mortgagor-mortgagee....

In Rowe v National Australia Bank Limited [2019] WASCA 140 (Rowe) the Western Australian Court of Appeal recently delivered a useful judgment summarising the Court’s power to order an account in a mortgagor-mortgagee relationship. The basis for ordering an...

Reinstating a discharged PPSR security i....

The Personal Property Security Register (PPSR) is the register upon which security interests may be registered to gain the benefit of the interest being “perfected” within the meaning of the Personal Property Security Act (2009) (PPSA). The PPSR is...

PPSA: when the grantor registers a secur....

It is not uncommon for a lender, when completing it’s due diligence process, to come across situations where a proposed borrower has registered a security interest on the Personal Property Securities Register (PPSR) over itself. Often leaving the lender...

PPSA – the 20 business day rule: w....

In the matter of David Brown Gear Industries Pty Ltd [2017] NSWSC 907, the Plaintiff sought orders pursuant to section 588FM(1) of the Corporations Act 2001 (Cth) (Act) for an extension of time to register a security interest on the Personal Property Securities...

PPSA Financial Property: the sub-classif....

The Personal Property Securities Act 2009 (Cth.) (PPSA) applies to security interests in personal property (i.e. motor vehicles, plant and equipment etc.). The PPSA divides personal property into four main catergories, namely: goods; financial property; intermediated...

The Australian Financial Complaints Auth....

The Federal Government is on track to establish a new external dispute resolution framework aimed at empowering consumers and small business in the financial sector. The centrepiece of this framework is the formation of a new ‘one-stop shop’ for disputes – the...

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