Elaine Cheung

Special Counsel

Profile

Elaine has extensive experience advising and acting for banking and financial services clients in a variety of areas. Her work has included acting for and advising clients in relation to:

  • regulatory compliance and consumer credit issues, including compliance with the National Consumer Credit Protection Act (including the National Credit Code) and co-presenting at Australian Credit Licence and Australian Financial Services Licence compulsory responsible managers training workshops
  • real property financing transactions including the preparation of loan and security documentation, settlement and registration of securities
  • the regulation of financial products and services and financial services reform (FSR)
  • Australian Credit Licence applications, including preparation of associated policy documents privacy
  • the review of trust deeds, preparation of loan and mortgage documentation in relation to loans to self-managed super funds and advising on the requirements of the Superannuation Industry (Supervision) Act 1993 in relation to limited recourse borrowing arrangements
  • mortgage enforcement proceedings from issuing a default notice through to representing clients in defended and undefended proceedings in the Supreme Court of New South Wales
  • property transactions and experience in PEXA transactions, including residential sales and purchase transactions and acting for receivers and mortgagees in possession in the sale of properties
  • trade mark and business name issues, including lodgement of applications with ASIC and IP Australia
  • reviewing and drafting commercial agreements
  • transactions involving the acquisition of assets and shares by companies
  • reviewing anti-money laundering and counter-terrorism financing programs.

Elaine also assists private clients in the areas of residential property transactions, estate planning and estate administration, including applying for grants of Probate or Letters of Administration, and drafting of wills, powers of attorneys and appointments of enduring guardians.

Expertise

Recognition

Memberships

  • Member, Banking and Financial Services Law Association
  • Australian Retail Credit Association (ARCA)

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