Changes to exemptions to the Electronic Transactions Act 1999 (Cth) yield mixed bag for banking industry

On 29 July 2020, the Commonwealth Government passed the Electronic Transactions Regulations 2020 (Cth) (Regulations), with changes to the scope of Commonwealth legislation that were wholly or partially exempt from the provisions of the Electronic Transactions Act 1999 (Cth) (Act) (Electronic Transactions Act). Exemption from the Act previously had the effect that requirements for writing, […]

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COVID-19 | Electronic signing and virtual meetings: New temporary relief for companies a significant step on a longer journey

In a significant development for companies, the Treasurer has utilised his new power to modify the Corporations Act 2001, the Corporations Regulations 2001, the Insolvency Practice rules, and the Passport Rules so that, for a period of six months effective from 6 May 2020: entities can hold virtual meetings without the need for a physical location; […]

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Seven Year Hitch – PPSR turns 7 years old

Damian Walsh, Special Counsel, Melbourne On 30 January 2012 the “Personal Property Securities Register” (PPSR) commenced operations. The PPSR is an electronic register of security interests which was established under section 147 of the Personal Property Securities Act 2009 (Cth) (PPSA). This commencement date of 30 January 2012 means that on 30 January 2019 the […]

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Tacking

At some point every secured lender will encounter a second lender attempting to provide additional secured financial accommodation to their borrower.  It is therefore important for the first secured lender to understand the concept of tacking and the complexities of the body of law that governs tacking and how those rules apply in light of […]

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Digital deadline for caveats

Originally published on PEXA’s website here. The deadline for lodging caveats online in Victoria takes effect this December. Partner Peter Grotjan speaks with PEXA of our readiness for the industry’s digital transformation.   Q. The deadline for lodging caveats online in Victoria is now only a few months away – how has your firm prepared […]

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