New Release: Security of Payment Guide 7th Edition – Download your FREE copy here
We assist private and commercial lenders who provide loans and financial services to businesses and individuals.
We focus on protecting your financial interests, ensuring compliance with regulatory frameworks, and recovering monies owed when borrowers default or face insolvency.
Loan Defaults: Borrowers defaulting on their repayment obligations, leading to the need for enforcement of loan and security agreements.
Enforcing Security Interests: Navigating the legal complexities of enforcing security over real property, personal assets, or guarantees provided as collateral for loans.
Insolvency of Borrowers: Dealing with borrowers who are insolvent or in financial distress, and ensuring that the lender’s secured interests are protected.
Disputes Over Valuations and Sale of Secured Assets: Issues related to the valuation of assets and disputes over whether secured property has been sold at a fair market price.
Regulatory Compliance: Ensuring compliance with financial services regulations, particularly in relation to lending practices, consumer protections, and credit reporting.
We provide comprehensive legal support to lenders, focusing on resolving disputes efficiently and recovering monies owed through the enforcement of loan and security agreements.
When borrowers default, we assist lenders in recovering outstanding amounts through debt recovery actions. This may involve issuing Letters of Demand and Statutory Demands, Court proceedings to obtain enforceable Judgments, or initiating bankruptcy or winding-up proceedings to recover debts.
We help lenders enforce their security over both real property and personal property. This includes initiating foreclosure or repossession proceedings for real estate, and enforcing security interests under the Personal Property Securities Act (PPSA) for other assets.
We assist in enforcing guarantees, pursuing claims against directors, individuals, or corporate guarantors who have provided security for loans.
When a borrower is insolvent, we represent lenders in insolvency proceedings, ensuring that their security interests are properly recognised. We advise on the priority of claims, asset realisation, and recovery in liquidation or bankruptcy.
In cases where disputes arise over loan terms, security enforcement, or asset valuations, we work to resolve these issues through negotiation or litigation. Our goal is to ensure that lenders recover the maximum amount possible, while minimising the risks of extended litigation.
If disputes cannot be resolved amicably, we represent lenders in Court.
To help lenders avoid disputes and mitigate risks, we offer a range of proactive legal services, including:
