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News & Insights

Insights informed by enforcement experience, market shifts and real private credit matters

Case Notes

How NOT to Enforce: 876% Interest, Penalties, Invalid Notices, and Rushed Auctions

Recent decisions continue to reinforce the importance of disciplined enforcement practices. In this case, the Supreme Court restrained a mortgagee sale after finding borrowers had an arguable case that both a penalty interest provision and a default notice were invalid. The decision offers a timely reminder of the risks associated with aggressive enforcement action.Summer Lawyers

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Legal Insights

When markets turn

Private credit lenders are operating in an environment defined by elevated interest rates, geopolitical instability and a growing risk of economic contraction, where borrower stress is no longer unusual but cyclical. Paul Reese

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Market & Industry Trends

Modern lending litigation in NSW

For much of the past five years, one could deduce that sections of the private lending market have been animated by a persistent narrative: courts are increasingly undoing lender security on narrow technical drafting failures alone.Paul Reese

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Market & Industry Trends

A perspective on (and journey through) private credit

John Buhagiar didn’t plan on becoming a lawyer. He set out to be an accountant – a finance led path that suited his analytical style. But within a year, the logic and problem‑solving of legal work pulled him in.Summer Lawyers

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Case Notes

How best to advance your interests

Sarai v N1 Loans Pty Ltd [2026] NSWCA is a welcome case for lenders. The Court of Appeal saw through the attempt by the mortgagor to rely on technical nit-picking of the finance documents. The court reiterated that the correct approach is to understand and give effect to the commercial reality of the arrangement between the parties.Charlene Yan

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Case Notes

One defective notice, many problems

In enforcement, small procedural errors can ripple into large commercial consequences. Tekin v Stratford shows how a one‑day defect in a Notice to Complete can undermine termination, delay recovery and potentially shift the dispute from sale enforcement to professional negligence.Tracy La

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