Debt recovery: Enforce security interest

Enforce your security interest and recover your debt before the window closes.

Your borrower has defaulted and the clock is running. Every day that passes without enforcement action is a day the borrower has to dispose of assets, dispute your security, or move funds beyond your reach. PPSR registration errors – even minor ones – can silently destroy your priority, turning a secured claim into an unsecured one. And incorrect enforcement notices served in the wrong order can expose you to counterclaims that wipe out the recovery you were entitled to. We take over the enforcement process from the moment you engage us and run it correctly.

Security enforcement done correctly, at pace

Security enforcement is one of the most technically demanding areas of commercial law. The PPSR registration must be correct. The notices must be prepared and served in the right sequence. The realisation process must be conducted in a way that eliminates your exposure to borrower counterclaims. We have managed enforcement across the full range of asset classes and we move quickly without cutting corners.

What is the PPSR and why does it matter for secured lending?

The Personal Property Securities Register (PPSR) is Australia’s national register of security interests in personal property – meaning all property other than land. If you have taken security over a borrower’s assets other than real property, your security interest must be registered on the PPSR to protect your priority over other creditors. An unregistered security interest may be unenforceable against a third party or in an insolvency. A registration with errors – an incorrect serial number, the wrong description, or a lapsed registration – can have the same effect. Correct registration is the foundation of a secured lending position.

What notices are required before I can take possession of secured property?

The notices required before taking possession depend on the type of security interest and the applicable enforcement framework. Under the Personal Property Securities Act 2009, a secured party must generally give the grantor a notice period before enforcing – typically five business days for consumer property and a different period for commercial property. Different notice requirements apply to residential mortgages under state legislation. The content of each notice is prescribed, and errors in the notice or the sequence can give the borrower grounds to challenge the enforcement. We prepare and serve all required notices in the correct form and sequence.

What happens if my PPSR registration has an error?

The consequences of PPSR registration errors depend on the nature of the error. A seriously misleading error – such as an incorrect serial number on a motor vehicle or a wrong ABN – can make the registration ineffective, which may mean you lose your secured status entirely in an insolvency or against a subsequent creditor who registered correctly. Less significant errors may be correctable by amendment. The key is to identify and fix errors before enforcement or insolvency – at that point, it may be too late to correct the position. We review your registration as the first step in any enforcement engagement.

What can I do if the proceeds of the secured asset are not enough to cover the debt?

Where the proceeds of realising the secured asset are insufficient to cover the outstanding debt and enforcement costs, you have a shortfall. As an unsecured creditor for the shortfall amount, you can pursue the borrower for the balance through a personal action for the debt. If the borrower is insolvent, you will need to lodge a proof of debt in the insolvency and rank alongside other unsecured creditors. We advise you on the most practical recovery path for any shortfall and take appropriate steps to preserve and pursue that claim alongside the enforcement of the security.
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Enforce your security correctly

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Recover your asset or debt

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Eliminate enforcement liability

Ready to enforce your security?

Speak with one of our lawyers about taking control of the enforcement process before your position deteriorates further.

Every day of delay erodes your security position.

Your borrower has defaulted and you need to act before your security position deteriorates further. But the enforcement process is technical, the consequences of getting it wrong are serious, and you need someone who can move quickly and correctly.
Make a compliant SMSF investment

Security on paper is not always enough.

You lent money or provided credit secured against a specific asset – a vehicle, equipment, property, or a general security over a business. The borrower has stopped paying and is not engaging.

You have security on paper, but you need to know whether it was registered correctly, whether your enforcement rights have crystallised, and what the right sequence of steps is to take possession and realise the asset. The longer you wait, the more risk there is that something changes in the borrower’s position that makes recovery harder.

What's included in your security enforcement service

What happens when a secured lender delays enforcement?

The window between default and asset recovery is when secured lenders are most vulnerable. A borrower who knows enforcement is coming has time to dissipate assets or create disputes about your security.

PPSR registration errors – even minor ones, such as an incorrect serial number on a vehicle or a gap in the registration period – can destroy priority, converting a secured claim into an unsecured one at exactly the wrong moment. Incorrect enforcement notices or wrong sequencing can give the borrower grounds for a counterclaim that paralyses the enforcement process.

Getting each step right, in the right order, at pace, is what separates a clean recovery from a contested mess.

How we take control of your enforcement

We take over the enforcement from the moment you engage us. We review your security documents and PPSR registration for any defects, confirm your enforcement rights have crystallised against the relevant assets, and prepare every notice and step in the correct sequence.

We deal with the borrower, manage any disputes that arise, and conduct the realisation process in a way that maximises recovery and eliminates your exposure to counterclaims. By the time the asset is sold and the proceeds are applied, the process is documented and defensible at every stage.

Our security enforcement process

Three steps to recovering your asset or debt.

1

Review and advise

We review your security documents and PPSR registration, confirm the scope of your enforcement rights, and advise on the correct process for your security type.

2

Issue notices and enforce

We prepare and serve the required default and enforcement notices, manage possession of the secured asset, and handle all dealings with the borrower and third parties.

3

Realise and recover

We manage the sale or disposal of the secured asset and advise on recovery of any shortfall, ensuring the process is completed correctly and your position is protected.

Experienced secured lending lawyers ready to enforce your security quickly and correctly.

We understand how stressful it is to watch a borrower default while your capital sits locked in an asset you cannot access. Speed matters in enforcement. So does precision.

Our lawyers have managed enforcement action across a wide range of asset classes – from PPSR-registered equipment and vehicles to complex business security arrangements – and we know how to move quickly without cutting corners. Speed matters in enforcement. So does precision. We deliver both.

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We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

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Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

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Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

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Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

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Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

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Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

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It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Ready to enforce your security?

Book a call today and we will review your security position, advise on the correct enforcement steps, and take control of the process to recover your asset or debt.

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