The Banking Royal Commission Final Report may have been released months ago, but its impact, even on industries outside the financial services space, continues. In an increased regulatory environment, corporations…
Read moreThe Electronic Conveyancing National Law, Forged Mortgages and Immediate Indefeasibility [Sample Article]
The introduction of the Electronic Conveyancing National Law (ECNL), with its emphasis on the verification of identity (VOI) of the mortgagor by a mortgagee, is expected to reduce the registration…
Read moreThe Challenges of Executing Deeds in the Digital Age [Infographic]
Thomson Reuters recently presented a webinar on the valid execution of deeds and documents: E-Signed – and Sealed? Executing Deeds in the Digital Age. Tim Perry, Head of Corporate and…
Read moreElectronic Conveyancing [Toolkit]
With the rapid move to mandatory use of an Electronic Lodgement Network (ELN), such as Property Exchange Australia (PEXA), for a large number of property settlements, a working knowledge of…
Read moreElectronic Signatures: Practice Points [Checklist]
Lawyers frequently find themselves having to arrange for clients and other parties to sign documents electronically. This is usually because the signatory is at a remote location; the signatory wants…
Read moreExecuting Documents (Including Deeds) Under Electronic Documentation Platforms: Part A [Sample Article]
In Australia and internationally, commercial parties are starting to execute documents electronically using cloud-based platforms, both in volume retail transactions and in bespoke wholesale transactions. The market is increasingly interested,…
Read moreThe Need for a Common Sense Approach to Executing Documents
There are a few situations that still cause uncertainty for lawyers and their clients when signing documents due to the murkiness of the law surrounding their execution, particularly when it…
Read moreTaking Security Over Bank Accounts Under the PPSA
Taking security over a bank account is a common element of many security structures. The Personal Properties Securities Act 2009 (Cth) (PPSA) creates a new regime applicable to bank account…
Read moreMarshalling: What’s Mine is Yours and What’s Yours is… Mine?
Finance documents will often include a provision that excludes a junior secured creditor’s right of marshalling, although the reasons for doing so aren’t always understood or appreciated. What’s marshalling? Marshalling…
Read moreSet-Off in Financing Transactions [Toolkit]
Set-off allows one party to apply a debt owed to it by its counterparty to discharge all or part of a debt that it owes to that counterparty. Parties to…
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