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News & Insights
Insights informed by enforcement experience, market shifts and real private credit matters
Case Notes
In CPF Group v Everest Index International, the Supreme Court of New South Wales said no. Despite an admitted conflict of interest, the Court upheld a refinancing transaction, rejected claims of unconscionable conduct, and awarded possession in favour of the lender.
For lenders, the decision reinforces the importance of a transaction’s purpose, documenting it adequately, and identifying a commercial benefit when putting refinance transactions together.
Blake Palmer
Legal Insights
Firm Updates
Private lending has evolved significantly over the past decade. As the sector has grown, lenders have increasingly sought advisers who understand not only how transactions are structured, but also how those arrangements perform when circumstances change.
With expertise in structuring and documentation to enforcement and recovery, Elisabeth’s career has evolved alongside an increasingly influential and maturing private lending sector.
Summer Lawyers
Market & Industry Trends
Payday Super is usually presented as a payroll reform. Its broader significance may be what it reveals about business viability. Bringing superannuation payments forward to every pay cycle removes a familiar cash-flow buffer and may expose financial stress earlier – particularly when many participating small businesses are already facing cash flow stress. For insolvency practitioners, lenders and directors, that earlier signal could materially affect the options available.
Mark Doble
Firm Updates
Private credit has grown quickly, but that growth has made the quality of lender structures, processes and judgment more visible. As Russell Nevell returns to Summer Lawyers as Special Counsel in the Recovery team, he sees a market facing a more demanding test: how lending positions perform when property values soften, regulatory scrutiny increases and borrowers come under pressure.
Summer Lawyers
Case Notes
In Yacoub v Delorenzo, the Lender obtained default judgment for possession of property secured by a second-ranking mortgage. Despite finding that the judgment had been regularly entered, the Supreme Court of Victoria exercised its discretion to set it aside. The decision is a useful reminder that procedural entitlement does not necessarily equate to sound enforcement strategy, particularly where a defendant is unrepresented and substantive defences may arise.
Stephanie Jin
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