Sonia Apikian Archives

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- Adelaide
  - Level 1
  - 333 King William Street
  - Adelaide SA 5000
  - GPO Box 949, Adelaide SA 5001
  - +61 8 8456 2433
  - +61 8 8456 2499
  - info.sa@gadens.com
  Location Map
- Brisbane
  - Level 11, ONE ONE ONE
  - 111 Eagle Street
  - Brisbane QLD 4000
  - GPO Box 129, Brisbane QLD 4001
  - +61 7 3231 1666
  - +61 7 3229 5850
  - info.qld@gadens.com
  Location Map
- Melbourne
  - Level 13, Collins Arch
  - 447 Collins Street
  - Melbourne VIC 3000
  - GPO Box 48, Melbourne VIC 3000
  - +61 3 9252 2555
  - +61 3 9252 2500
  - info.vic@gadens.com
  Location Map
- Perth
  - Lavan (Associate office)
  - Level 20, The Quadrant
  - 1 William Street
  - Perth WA 6000
  - PO Box F338, Perth WA 6000
  - +61 8 9288 6000
  - +61 8 9288 6001
  - info.wa@gadens.com
  Location Map
- Sydney
  - Level 20
  - 25 Martin Place
  - Sydney NSW 2000
  - PO Box H332, Australia Square NSW 1215
  - +61 2 9231 4996
  - +61 2 9163 3000
  - info.nsw@gadens.com
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A new Banking Code of Practice is on the horizon

Background The Australian Banking Association’s (ABA) Banking Code of Practice (the Code) contains a set of contractually enforceable industry standards that customers and small businesses can expect subscribing banks to uphold. The Code has been in place in various forms since 1993, including a range of protections that are intended to complement and set higher […]

More work to do – Inquiry into Banks dealing with deceased estates

On 9 June 2023, the Banking Code Compliance Committee (BCCC) handed down its report on the management of deceased estates under the Banking Code of Practice (BCOP) by the banks. The BCCC’s report is aimed at helping banks to improve their practices and pursue better compliance with BCOP obligations. In turn, it is hoped that […]

Changes to Victoria’s Farm Debt Mediation Act

On 1 December 2011, the Farm Debt Mediation Act 2011 (Vic) (FDMA) was introduced in Victoria. The purpose of the Act is to provide for the efficient and equitable resolution of farm debt disputes between a creditor and a farmer. The FDMA provides a farmer with an option to mediate before a creditor takes possession […]

What goes up, must come down – Declining property values, rising interest rates, mortgage distress and assisting through financial difficulty

Partner Sonia Apikian and Senior Associate Susan Verginis discuss trends on Australian housing values, interest rates and their impact upon mortgage distress, with a focus on how lenders can assist their customers through financial difficulty. Click below to read the full article. If you found this insight article useful and you would like to subscribe […]

Gadens Connect | 2021 Edition Four

In this edition of Gadens Connect, our team provides an overview of key performance indicators as we move into Christmas; an update on the new Financial Difficulty Guideline; an insight into legislative changes in relation to witnessing of affidavits (South Australia); a summary of FAQs regarding mortgagee in possession liability; and an overview of smoke […]

Reducing IDR timeframes and improving internal reporting for the financial services sector

ASIC’s new Regulatory Guide 271 comes into effect on 5 October, covering new expanded IDR requirements that seek to address ASIC’s long-standing concerns regarding deficiencies and delays in the banks’ processes including in the identification, investigation and resolution of potential systemic issues raised by complaints. In this article, Sonia Apikian and Trish Kastanias explore the […]

Gadens Connect | 2021 Edition Three

For the third edition for 2021 of Gadens Connect, our team provides an overview of key performance indicators including the impact of COVID-19 holds across the recoveries portfolio, an update on permanent changes to the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 (Vic) and an insight into setting aside default judgment by […]

Impact on mortgagees of a bankruptcy trustee’s disclaimer of mortgaged land

A mortgagee may be faced with a situation where the mortgagor becomes bankrupt and the trustee, in which the property then vests, disclaims the mortgaged property. We outline the process a mortgagee is required to follow when a mortgaged property has been disclaimed and summarise the key issues considered by the Court. Click below to […]

PPSA: extension of time to register

The last 12 months has seen a number of court applications being made for an extension of time to register a PPSA security interest. In the following article, we summarise the key issues considered by the courts and provide practical tips for any secured party who finds themselves out of time to correctly register their […]

Gadens Connect | 2021 Edition Two

In this edition of Gadens Connect, our team provides an overview of key performance indicators from last quarter; shares an overview of important changes to the Residential Tenancies Amendment Act 2018 (Vic) and AFCA determinations on Early Release of Superannuation; and addresses mortgagee in possession FAQs. As always, we welcome your feedback on this publication. […]

Gadens Connect | 2021 Edition One

Welcome to the first edition of Gadens Connect for 2021. The festive season was different for many of us, with some enduring yet another lockdown, while others had travel plans cancelled or could not get back to their home state. This edition focuses on moving forward with COVID-19, and how we can help you and […]

Gadens Connect | 2020 Edition Four

This edition of Gadens Connect provides the first update from the new financial year for our clients in the financial services industry. COVID-19 has continued to impact business across Australia and we are continually working to support our clients where needed. We have seen our clients undertaking resumption activities with customers and preparing to deal […]