top of page
Elizabeth Debono

Partner

Litigation

Areas of focus

Services

Unsecured Debt Recovery

Insolvency

Litigation

Secured Property Recovery

Registration

Settlement

Caveats

Distressed Recovery

Creditor Strategy

Voluntary Administration

Liquidation

Loan Documentation

Certification

Securities

Default Strategy

Due Diligence

Elizabeth heads up the firm's Litigation team, responsible for Summer Lawyers' most significant contested matters. She brings over 15 years’ experience to complex commercial litigation, enforcement and appellate disputes.

Elizabeth is known for her strategic thinking, meticulous preparation and ability to simplify complex legal issues into clear, effective litigation strategy. She acts in high-stakes disputes involving mortgage enforcement, securities, guarantees, priority disputes, insolvency and commercial recoveries, regularly managing matters through trial and appeal.

With an approach that is analytical, disciplined and outcome-focused, she combines rigorous legal analysis with a strong understanding of her clients’ commercial objectives, ensuring strategy remains aligned to the result that matters most. Within the firm, she is recognised for her technical capability, leadership and unwavering commitment to protecting lender interests when matters become contested.

Recent experience includes successful outcomes in City Garden, GEMI, A1 Catering and ProLend, where she played a leading role in developing and executing litigation strategy, preserving lender security positions and securing favourable outcomes for clients at both first instance and appellate level.

Key cases/experience – representative matters 

Loans and mortgages were challenged for lack of authority after a director caused the company to enter transactions benefiting a related entity. The Court upheld the securities using the statutory assumptions in the Corporations Act 2001 (Cth), confirming the mortgages were valid and enforceable at trial and on appeal. 

The Court considered whether a mortgagee could retain $300,000 in surplus sale proceeds as security for anticipated enforcement and litigation costs. The mortgage terms permitted retention, and the mortgagee successfully preserved the fund and obtained indemnity costs. 

The Court upheld the enforceability of mortgages, guarantees and equitable charges despite allegations challenging their validity. The securities remained enforceable, and the subsequent appeal was summarily dismissed. 

A dispute between first and second mortgagees over priority of recovery. The Queensland Court of Appeal held that the Deed of Priority entitled the first mortgagee to recover post-default completion costs, interest and associated expenses ahead of the second mortgagee.


Admissions

Admitted, Supreme Court of NSW, 2011

Memberships / Associations / Affiliations

Law Society of NSW
Australian Insurance Law Association (AILA)
Australian Restructuring Insolvency & Turnaround Association (ARITA)

Sydney

Like
See our other specialists

Elizabeth Debono

willian-justen-de-vasconcellos-p3OdkIh-tyU-unsplash.jpg

Related Insights

Case Notes

When a Conflict Isn’t Enough: Refinancing, Borrower Vulnerability and the Limits of Unconscionability
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
An image of coastline and housing

Legal Insights

Mortgage Enforcement Lessons from Patel and Confos
Lenders need to know whether they can enforce their security and recover their money if a loan defaults. Two recent NSW Supreme Court decisions show why that depends on both the documents and the circumstances in which the borrower and guarantors signed them.
Paul Reese
An image of coastline and housing

Firm Updates

Informed Practice – Elisabeth McGready joins Recovery Team
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
Elisabeth McGready, Partner
bottom of page