Australia: Charges, Mortgages, Indemnities

When an insolvency practitioner is appointed to a small or medium enterprise (“SME”), a consistent pattern emerges in relation to the owner’s investment in the company. In the majority of cases, the business owner has put a substantial amount of their own money into the business, typically drawn from savings, a personal loan or a redraw against the family home and that money has either been recorded as share capital or as a loan that was never documented or secured.

When a borrower defaults on a loan, does the lender have an immediate right to repossess property or force a sale? This article examines the negotiation options available to borrowers after loan default, the statutory protections under the National Credit Code, and the enforcement rights and obligations of lenders under Queensland's Property Law Act 2023.

When a bank sells mortgaged property for less than expected, property owners may wonder whether they have grounds to take legal action. Queensland law imposes specific duties on mortgagees conducting property sales, requiring them to act in good faith and take reasonable care regarding market value.

Recent interest rate cuts and lower tariffs are generally supportive of deal activity, but uncertainty in the US is affecting investor confidence.

Major banks have offered green loan products to fund energy efficient commercial properties.

The Banking Code of Practice 2025 introduces significant changes to the previous banking code.

Under the new policy, the ATO will disclose certain business tax debt information to credit reporting bureaus.

A mortgage is the preferred way for a lender to secure its debt until the loan has been repaid in full.

In Australia, debts become statute-barred after a specific time period from the date when the cause of action arose.